Terms of Service

Mouthy is the trading name of “Mouthy Ltd”. In this Privacy Policy, we are referred to as "we", "us", "our", or "Mouthy". We talk about our website (getmouthy.co.uk) (the "Site") and our mobile application (the "App") (and anything we might provide in the future) together as Mouthy or as Mouthy’s "Platform".

These terms and conditions of use (this “agreement”) (together with our Privacy Policy, Cookie Policy, and any other documents referred to in it) is a legal agreement between you and Mouthy Ltd, a company incorporated and registered in England and Wales with company number 14255594 whose registered office is at 37 Rathbone Place, London, United Kingdom, W1T 1JZ (referred to throughout as: “Mouthy”, “we”, “us” or “our”) for the use of our website: www.getmouthy.co.uk (our “Platform”) and the premium version of the Platform, known as “the Mouthy Club”.

By using the Mouthy Platform and/or registering to use the Mouthy Club, you must read, agree with and accept all of the terms and conditions contained in this agreement. This agreement is provided to you and concluded in English. You agree that any use by you of the Mouthy Platform shall constitute your acceptance of the agreement. We recommend that you store or print-off a copy of the agreement (including all policies) for your records.

If you do not agree to the terms of this agreement, please refrain from using the Mouthy Platform in its entirety.

1.1 This agreement refers to the following additional terms, which also apply to your use of the Mouthy Platform:

(a) our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Mouthy Platform, you consent to such processing and you warrant that all data provided by you is accurate; and

(b) our Cookie Policy, which sets out information about the cookies used on the Mouthy Platform.

2.1 We have developed the Mouthy Platform to provide you with preventative oral health information, education, and insights as well as a means of subscribing to our premium oral health subscription service offering, known as the Mouthy Club (more information about these services will be announced soon) (“Services”).

2.2 Mouthy is currently in the process of initiating the application for registration as a new provider of care through the Care Quality Commission (“CQC”) to offer in-person dental hygiene and teledentistry services to our Members under the Mouthy name. Mouthy is not yet registered as a healthcare provider under the CQC, and as such, we do not yet offer regulated care services to our Members or to the public.

2.3 Mouthy is building an artificial intelligence-powered personalised preventive dental care platform to, amongst other activities, connect Mouthy’s qualified dental care professionals (“DCPs”) to Members for teledentistry consultations and at-home or on-site direct access dental hygiene appointments. This building is referred to as “the further development of the Platform”. You will be notified of any new Services offered via the Platform as and when they become available.

2.4 To be eligible to use the Mouthy Platform, you hereby represent and warrant that you:

(a) are at least 18 years old;

(b) agree to the terms of this agreement; and

(c) are not acting on behalf of an undisclosed principal or a third party beneficiary.

2.5 In consideration of you agreeing to abide by the terms of this agreement, we hereby grant to you a non-exclusive, non-transferable, licence to use the Mouthy Platform and subscribe to the Mouthy Club on the terms of this agreement. To access and use the Mouthy Platform and register for and receive the Mouthy Club’s service offerings, you must create an account by providing your first name, surname, email address, telephone number, address and choosing a password (“Account”). You may log into your Account on multiple devices; however, sharing your log-in details with any other user is strictly prohibited in accordance with clause 2.6 below.

2.6 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of this agreement.

2.7 We reserve the right to refuse the creation of duplicate accounts for the same user. In a case where duplicate accounts are detected, we reserve the right to close or merge these duplicate accounts without notification.

2.8 Access to the Mouthy Platform is permitted on a temporary basis and we reserve the right to withdraw or amend the services or functionality that we provide on the Mouthy Platform without notice. We will not be liable if for any reason the Mouthy Platform is unavailable at any time or for any period.

2.9 From time to time, we may restrict access to some parts of the Mouthy Platform, or the entire Mouthy Platform including the Mouthy Club, to users who have registered with us. We will use reasonable endeavours to fix issues and bugs in Mouthy Mouthy Platform as quickly as we can.

2.10 You must not misuse the Mouthy Platform by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Mouthy Platform, the server on which the Mouthy Platform is stored or any server, computer or database connected to the Mouthy Platform. You must not attack the Mouthy Platform via a denial-of-service attack or a distributed denial-of service attack.

2.11 If you breach clause 2.9, you will be committing a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, we reserve the right to immediately cease your right to use the Mouthy Platform.

3.1 Once you have completed your Account registration as a Mouthy Club Member on the Mouthy Platform, you will be eligible to book and receive your Mouthy Club Services on a quarterly subscription basis (more information on these Services to be provided soon) (“Quarterly Subscription”).

Subscription Type
Quarterly (every three months)

Fees
£19.99

4.1 Through your Account you can book Mouthy Club Services. You will be asked to select a preferred date and time for your Services to be delivered, provide payment details, and provide an email address so that we can process your order and confirm the date and time of service delivery. We will notify you via email once your order has been processed and when any booking you make is confirmed.

4.2 It is your responsibility to provide accurate Account information and to inform Mouthy of any update to such information. Mouthy shall not be responsible for any confirmations or information sent to incorrect email addresses provided by you, and you shall not be entitled (i.e. it shall be at Mouthy’s sole discretion) to receive replacement Services in the event that you have provided incorrect or out of date contact information. If you discover you have provided an incorrect email address or if your email address is out-dated, please inform us in writing via email to hello@getmouthy.co.uk as soon as possible. We cannot guarantee that we will be able to offer replacement Services if we have already confirmed your booking to the incorrect address.

Payment
4.3 If you subscribe for a Quarterly Subscription, you:

(a) agree and undertake to pay to us (without any deduction) the relevant Fees as set out above in advance in full (in GBP or the equivalent in your local currency based on the conversion rate at the time of payment) and authorise us to collect the full fee from you each quarter (three month cycle) (“Quarter”) until you pause or cancel your subscription.

4.4 We reserve our rights to amend the Fees at any time. However, we shall notify you in writing of any change in the Fees and any such change shall take effect at the beginning of the new Quarter.

4.5 We may offer promotional offers from time to time which may include promo codes, and which may be subject to expiration dates and may only be applicable to selected users of the Mouthy Platform. We reserve the right to remove a promotional offer without notice if we believe, at our sole discretion, you are not acting in good faith in relation to the terms of the promotion.

4.6 When you make a purchase from us on this website, we use Squarespace Payments as our payment solution. Squarespace Payments is a fully integrated, native payment solution provided to us by our online store service provider Squarespace. Squarespace has its own payments terms, which you should review here: https://www.squarespace.com/payments-terms.

Squarespace Payments makes use of the following third party service providers which will also receive your personal information and process it in accordance with their payments terms:

• Stripe - payment processing services. You can read Stripe’s privacy policy at https://stripe.com/gb/legal/payment-terms.

• Sift - fraud monitoring and detection services. You can read Sift’s privacy policy at https://sift.com/tos.

You hereby give consent:

(a) to us sending you electronic communications (including via email and text) in relation to upcoming and successful payments managed via the Mouthy Platform; and

(b) for the payment processor to access your bank account which is nominated by you from time to time, and to either deduct or deposit the applicable amount, less any fee which may apply.

You acknowledge and agree that when using the Squarespace Payments service on the Mouthy Platform, you will comply with Stripe’s end user licence agreement in respect to your use of the Stripe service, which you can review here: https://stripe.com/gb/legal/ssa. You also acknowledge that Stripe’s privacy policy (found at: https://stripe.com/gb/privacy) shall apply to Stripe’s processing of any personal information you submit to Stripe via the Mouthy Platform.

We shall not be liable to any person if Stripe or any other payment processor is not able to deduct or deposit any amount due to insufficient funds or incorrect bank account details.

4.7 If the credit card details you have provided us with via your Account are invalid at the point of us charging you for the Fees owed to us, we shall inform you by email. We will make every effort to contact you by email (to the address used to set up your Account) if your card payment fails.

4.8 If your payment fails, after notifying you we shall continue to attempt to take payment up to three (3) times over a period of seven (7) days to allow you to update your payment details. If we do not have valid payment details your Account will be paused automatically and you shall not have access to your Mouthy Club Account for that Quarter.

4.8 If your card details are not updated to a valid payment method, we reserve the right to permanently delete your Account and all data held within.

Cooling-off period
5.1 If you are a consumer, you have a legal right to cancel a contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 5.2. This means that during the relevant period if you change your mind or for any other reason you decide you no longer wish to be a Mouthy Club Member, you can notify us of your decision to cancel this agreement and receive a refund of the Fees (if your Services have not already been delivered). If your Services have already been delivered you will still be charged for the remaining payments for that Quarter and you will not be entitled to a refund but cancellation will still take effect and you will not receive any further charges or any further Mouthy Club offerings after your first subscription Quarter.

5.2 Your legal right to cancel this agreement starts from the date you begin your Mouthy Club subscription.

5.3 To cancel this agreement, please contact us in writing to tell us by sending an e-mail to hello@getmouthy.co.uk. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by email, then your cancellation is effective from the date you sent us the email.

Cancellation after the cooling-off period
5.4 After the expiry of the cooling-off period set out in clause 5.2, you may cancel your Account at any time by clicking on the ‘Cancel Subscription’ link on your Account settings page. You are solely responsible for properly cancelling your Account.

5.5 You may cancel your Quarterly Subscription at any time by selecting to do so via your account. Each quarter, you will have the option to cancel your Quarterly Subscription during the first ten (10) weeks of the Quarter. If you elect to cancel during this time, you will not have access to your Mouthy Club Account from the first day of the following Quarter and will not be charged for it.

Pausing your subscription
5.6 If you are signed up for a Quarterly Subscription, you may also choose to pause your subscription for the next Quarter at any time via your Account (“Pause Plan”). If you choose to Pause Plan you will still be charged Fees for the current Quarter but your Subscription will be paused for the next Quarter, therefore you will not receive access to your Mouthy Club Account during the next Quarter and you will not be charged by us until you reactivate your Quarterly Subscription via your Account.

5.7 If you receive your Services and you are not satisfied with them for whatever reason, please let us know by contacting us at hello@getmouthy.co.uk. You may be entitled to a refund.

6.1 You will receive access and direct links to third party services for your benefit and ease of service via the Mouthy Platform, including but not limited to Squarespace, Stripe and Typeform, which are subject to their own terms and conditions:

(a) Squarespace (subscription service): www.squarespace.com/terms-of-service

(b) Stripe (payment provider): www.stripe.com/gb/ssa

(c) Typeform (bookings and surveys): www.admin.typeform.com/to/dwk6gt/

6.2 You acknowledge and agree that when you click on a link to a third party website on the Mouthy Platform you are leaving the Mouthy Platform and entering a third party website which is subject to its own terms and conditions. Please read all third party terms and conditions carefully before using such sites. Mouthy accepts no responsibility or liability in respect of any events that occur whilst you are using third party platforms and services.

7.1 The wellbeing and health of our Members are at the core of everything we do. The Mouthy Club has been developed to promote better oral health practices and behaviours before, during, and after pregnancy, in line with the following national and global guidelines:

(a) British Dental Association

(b) The National Institute for Health and Care Excellence (NICE): Oral health promotion

(c) Office for Health Improvement & Disparities (OHID): Applying All Our Health to adult oral health and Delivering better oral health: an evidence-based toolkit for prevention

(d) British Society of Periodontology and Implant Dentistry: Oral Health and Pregnancy

(e) Oral Health Foundation: Oral health and pregnancy

(f) World Health Organisation: Oral health

(g) European Federation of Periodontology: Oral health and pregnancy

7.2 Your health is of paramount importance to us. However, it is crucial to remember that our guidance does not replace professional medical advice and that we cannot provide medical advice related to the diagnosis or treatment of dental disease and/or pain, or any other medical condition. We strongly encourage all our Members to seek advice from their GPs or dental health providers for clinical guidance and treatment. Your health professionals understand your individual health needs and can provide advice tailored specifically to you. Should you experience any discomfort, adverse reactions, or have concerns about your oral health regimen, please consult your healthcare provider immediately.

8.1 You agree that when using the Mouthy Platform you will comply with all applicable laws and this agreement. In particular, but without limitation, you agree not to:

(a) use the Mouthy Platform in any unlawful manner or in a manner which promotes or encourages illegal activity;

(b) breach any law, statute, contract, or regulation;

(c) act in a manner that is obscene, defamatory, libellous, unlawfully threatening or unlawfully harassing;

(d) provide false, inaccurate or misleading information;

(e) use an anonymising proxy; or

(f) attempt to gain unauthorised access to the Mouthy Platform or any networks, servers or computer systems connected to the Mouthy Platform,

(together, the “Restricted Activities”).

8.2 Except as expressly set out in this agreement or as permitted by any local law, you undertake:

(a) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Mouthy Platform or your access to the Mouthy Platform;

(b) not to engage in any of the Restricted Activities, nor control an account that is linked to any of the Restricted Activities;

(c) not to make alterations to, or modifications of, the whole or any part of the Mouthy Platform nor permit the Mouthy Platform or any part of it to be combined with, or become incorporated in, any other programs or websites;

(d) not to disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Mouthy Platform;

(e) to include our copyright notice on all entire and partial copies of the Mouthy Platform in any form; or

(f) not to provide, or otherwise make available, the Mouthy Platform in any form, in whole or in part (including, but not limited to, program listings, object and source program listings, object code and source code) to any person without prior written consent from us.

8.3 Notwithstanding clauses 8.1 and 8.2, you agree to indemnify us in full and on demand from and against any loss, damage, costs or expenses which we suffer or incur directly or indirectly as a result of your use of the Mouthy Platform otherwise than in accordance with this agreement or any applicable laws.

8.4 You warrant to us that all the information you provide to us is true and accurate to the best of your knowledge.

9.1 We are the owner or the licensee of all intellectual property rights in the Mouthy Platform and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

9.2 The trade marks, service marks, and logos (“Trade Marks”) contained on the Mouthy Platform are owned by us or third party partners of us. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of us or the relevant third party partner of us.

9.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

9.4 Our status (and that of any identified contributors) as the authors of content on the Mouthy Platform must always be acknowledged.

9.5 You must not use any part of the content on the Mouthy Platform for commercial purposes without obtaining a licence to do so from us or our licensors.

9.6 If you print off, copy or download any part of the Mouthy Platform in breach of this agreement, your right to use the Mouthy Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

We may revise this agreement (or any of the documents referred to in this agreement) at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.

11.1 Use of the Mouthy Platform is at your own risk. The Mouthy Platform is provided on an “as is” basis. We do not warrant or guarantee that the Mouthy Platform and all or part of its contents will be always available or that its use will not be interrupted.

11.2 You acknowledge that the Mouthy Platform may not be free of bugs or errors and you agree that the existence of any minor errors shall not constitute a breach of this agreement.

12.1 Nothing in this agreement excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

12.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Mouthy Platform or any content on it, whether express or implied.

12.3 Subject to clause 12.1, we will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

(a) use of, or inability to use, the Mouthy Platform; or

(b) use of or reliance on any content displayed on the Mouthy Platform.

12.4 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Mouthy Platform or on any website linked to it.

12.5 We assume no responsibility for the content of websites linked on the Mouthy Platform. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

12.6 Subject to clause 12.1, our maximum aggregate liability under or in connection with this agreement, or any collateral contract, whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to a sum equal to £100 or the amount you paid to us in fees in the previous 12 calendar months, whichever is greater.

13.1 Either party may terminate this agreement immediately and without notice to the other party. You may terminate this agreement by emailing hello@getmouthy.co.uk and refraining from using the Mouthy Platform; however you may still be liable for the Fees owed as detailed in clauses 4 and 5.

13.2 Upon termination or expiry for any reason:

(a) all rights granted to you under this agreement shall cease;

(b) you must cease all activities authorised by this agreement;

13.3 We reserve the right to delete your Account on termination of this agreement and for non-payment of the Fees owed in accordance with clauses 4 and 5 of this agreement.

13.4 Any provision of this agreement that expressly or by implication is intended to come into or continue in force on or after termination or expiry of this agreement shall remain in full force and effect.

14.1 This agreement is binding on you and us and on our respective successors and assignees.

14.2 You may not transfer, assign, charge or otherwise dispose of this agreement, or any of your rights or obligations arising under it, without our prior written consent.

14.3 We may assign, charge, novate or otherwise dispose of this agreement without our prior written consent.

Communications
15.1 We are required to provide certain information to you in writing. By accepting this agreement, you agree that we can communicate with you electronically either by email or by posting notices on the Mouthy Platform.

Entire Agreement
15.2 This agreement and any document expressly referred to in it constitutes the whole agreement between us and supersedes any previous discussions, correspondence, arrangements or understandings between us.

Law and Jurisdiction
15.3 This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

15.4 Any dispute or claim arising out of or in connection with this agreement will be subject to the exclusive jurisdiction of the courts of England and Wales.

To contact us, please email hello@getmouthy.co.uk.