Terms of service.

Last Updated: April 7, 2025

These Terms of Use ("Terms") govern your access to and use of the Toothpik mobile application (the "App") provided by [Your Company Name] ("Toothpik," "we," "us," or "our"). By accessing or using the App, you ("you" or "user") agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the App.

1. Acceptance of Terms

By downloading, installing, accessing, or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.  

2. Use of the App

  • License: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on your personal mobile device for your personal, non-commercial use.  

  • Account (Optional): You may have the option to create an account to access certain features of the App. If you create an account, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.  

  • Acceptable Use: You agree to use the App in compliance with all applicable laws and regulations. You further agree not to:

    • Use the App for any illegal or unauthorized purpose.  

    • Upload, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.  

    • Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.

    • Interfere with or disrupt the operation of the App or the servers or networks used to make the App available.  

    • Attempt to gain unauthorized access to any portion of the App or any systems or networks connected to the App.  

    • Use any robot, spider, scraper, or other automated means to access the App for any purpose without our express written permission.  

    • Reverse engineer, decompile, or disassemble any portion of the App, except to the extent that such activity is expressly permitted by applicable law.

    • Violate or infringe upon the intellectual property rights of Toothpik or any third party.

    • Transmit any viruses, worms, malware, or other harmful code.

3. User Content

  • Uploaded Images: The App allows you to upload images of items for identification. You retain ownership of the images you upload. However, by uploading images, you grant Toothpik a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such images for the purpose of providing and improving the App, including training our object detection model.  

  • Responsibility for User Content: You are solely responsible for the images you upload to the App and the consequences of transmitting or publishing them. You represent and warrant that you have all necessary rights, licenses, consents, and permissions to upload and grant the licenses herein to your User Content.

  • Removal of User Content: We reserve the right, but have no obligation, to review, monitor, edit, refuse to post, or remove any User Content at our sole discretion, at any time and for any reason, without notice to you.

4. Intellectual Property

The App and its original content (including but not limited to software, text, graphics, logos, images, audio, and video), features, and functionality are and will remain the exclusive property of Toothpik and its licensors. The App is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Toothpik.  

5. Disclaimer of Warranty

THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, TOOTHPIK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE APP, INCLUDING BUT NOT LIMITED TO WARRANTIES THAT THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP OR THE SERVERS THAT MAKE THE APP AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE INFORMATION PROVIDED BY THE APP. YOUR USE OF THE APP IS AT YOUR SOLE RISK.  

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TOOTHPIK, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF TOOTHPIK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF TOOTHPIK TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE APP SHALL NOT EXCEED THE AMOUNT OF $1.00.  

7. Indemnification

You agree to defend, indemnify, and hold harmless Toothpik, its affiliates, officers, directors, employees, agents, suppliers, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to (a) your use of or access to the App; (b) your violation of these Terms; (c) your User Content; or (d) your violation of any rights of a third party, including without limitation any intellectual property rights or privacy rights.  

8. Termination

We may terminate or suspend your access to all or any part of the App immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the App will immediately cease.  

9. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles. Any legal suit, action, or proceeding arising out of or relating to these Terms or the App shall be instituted exclusively in the federal or state courts located in Fort Lauderdale, Florida. You irrevocably submit to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.  

10. Modifications to These Terms

We reserve the right to modify or revise these Terms at any time by posting the updated Terms within the App or by other means, such as email. The "Last Updated" date at the top of these Terms indicates when the latest changes were made. Your continued use of the App after the posting of the revised Terms constitutes your acceptance of the changes. You are expected to review these Terms periodically for any updates or changes.

11. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Toothpik regarding your use of the App and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the App.  

12. Contact Us

If you have any questions, concerns, or requests regarding these Terms or the App, please contact us at:

Toothpik, Inc. 

discover@toothpik.co