Terms of Service

These terms are an agreement between Poruz Systems, Madurai, Tamil Nadu, India (“we,” “us,” “SmileDesk”) and the clinic, hospital or practitioner that creates a SmileDesk account (“the Clinic,” “you”). They cover your use of the SmileDesk software, website and related services (“the Service”).

By ticking “I agree” at sign-up, or by continuing to use the Service, you accept these terms on behalf of the Clinic and confirm you are authorised to do so. This is an electronic contract under the Information Technology Act, 2000 and needs no physical signature.

Effective date. For clinics that sign up on or after 22 October 2026, these terms apply immediately. For clinics that signed up earlier, they take effect on 21 November 2026; until then the previous version applies.

1. What SmileDesk is — and isn't

SmileDesk is practice-management software for dental clinics: patient records, appointments, clinical notes, prescriptions, consent forms, billing, inventory, reminders and related tools, served over the internet at <yourclinic>.smiledesk.in or a custom domain.

SmileDesk is a software tool. We are not a healthcare provider, we do not give medical or dental advice, and we have no relationship with your patients. Your patients are your patients; any treatment, advice or billing they receive is between them and the Clinic.

2. Business use only

The Service is offered only to clinics and healthcare professionals for use in their practice. You confirm that you subscribe for the purposes of your business and not for personal use.

3. Your responsibilities as a clinic

You are responsible for:

• Licences and registration. Holding and keeping valid every registration your clinic and staff need to practise: for example under a state clinical-establishments law (such as the Kerala Clinical Establishments (Registration and Regulation) Act, 2018), and Dental Council of India / state dental council registration for practitioners.
• Your users. Deciding who gets an account and what role they have, keeping passwords confidential, and removing access when staff leave. Everything done through your users' accounts is treated as done by the Clinic.
• Your records. The accuracy and completeness of what your staff enter, and meeting any record-keeping or retention duty that applies to you as a healthcare provider.
• Patient notices and consent. Telling patients how their data is used and getting any consent the law requires, including consent before SmileDesk sends them WhatsApp messages on your behalf (see section 9).
• Your own copy. Exporting your data regularly. SmileDesk provides Excel exports of patients, clinical notes, consents, certificates, appointments, billing and inventory; we strongly recommend you keep your own copy.

4. Clinical responsibility and medical disclaimer

• All clinical decisions — diagnosis, treatment plans, prescriptions, certificates and consent — are made by the treating practitioner, who remains fully responsible for them. Templates, defaults, suggestions and calculations in SmileDesk are conveniences that you must check before use.
• The DICOM / X-ray viewer is not for diagnostic use. It is for reference and patient communication only. Make diagnoses from your imaging system's certified software or the original films. On-screen measurements are approximate.
• SmileDesk is not a medical device and is not certified under the Medical Devices Rules, 2017 or any other medical-device regulation. Do not use it for any purpose that would require such certification.
• Reminders, confirmations and other automated messages can be delayed or fail. Do not rely on them alone for anything clinically important, such as post-operative instructions or medication timing.

5. Who owns the data

The Clinic owns every patient record, note, invoice, prescription, file and other record its staff enter (“Clinic Data”). We store and process it only to provide the Service to you. We do not sell it, do not use it to train machine-learning models, and do not share it with anyone except the sub-processors needed to run the Service (section 6) or where the law requires us to.

We may use aggregated, anonymised statistics that cannot identify any clinic, staff member or patient (for example, total appointments booked across all clinics) to run and improve the Service.

6. Data protection — our role as your data processor

Under the Digital Personal Data Protection Act, 2023 (“DPDP Act”) and the rules made under it, the Clinic is the Data Fiduciary for its patients' personal data, and SmileDesk is the Clinic's Data Processor. This section is our data processing agreement with you. We will:

1. Process Clinic Data only on your instructions — which you give by using the Service and its settings — and for no other purpose.
2. Keep Clinic Data in India.
3. Make sure anyone at Poruz Systems who can access Clinic Data is bound by confidentiality, and give access only where it is needed to run or support the Service.
4. Apply reasonable security safeguards, including encrypted connections (HTTPS), hashed passwords, per-clinic access controls, access logging and regular backups. Our current measures are described on the Trust page and may change as long as the overall level of protection does not go down.
5. Use only the sub-processors listed on the Trust page, and tell you before adding a new one that would handle patient data.
6. Tell you without undue delay after we become aware of a personal-data breach affecting Clinic Data, with the information we have at the time, so you can meet your own obligation to inform the Data Protection Board and affected patients. We will also make the reports that we ourselves must make, including to CERT-In.
7. Help you, through the Service's tools, to respond to patients exercising their rights (access, correction, erasure and grievance).
8. At the end of the subscription, make Clinic Data available for export and then delete it as described in section 14, unless the law requires us to keep it.

You are responsible for having a lawful basis for the data you put into SmileDesk, for your notices to patients, and for handling patient requests and complaints as Data Fiduciary.

7. Free trial, fees and taxes

• New clinics get a free trial for the period shown at sign-up. No card is needed. At the end of the trial we may limit the account until a plan is chosen.
• Paid plans are billed yearly in advance at the prices on the pricing page at the time of purchase. Prices include GST unless the invoice says otherwise.
• If a renewal payment fails, we retry it and then move the account to a read-only grace period and, if still unpaid, to suspension, as set out in the refund policy. Your data is not deleted during a grace period or suspension.
• Refunds follow our refund policy.
• We may change prices for future billing periods with at least 30 days' notice. The new price applies from your next renewal.

8. Acceptable use

You must not:

• Try to access another clinic's data or any part of the Service you are not authorised to use.
• Use the Service to store data for anyone other than your own clinic and its patients.
• Reverse-engineer, copy, resell or overload the Service, or scrape it with automated tools.
• Probe, scan or test the Service's security without our written permission. If you find a vulnerability, please report it to support@poruz.com.
• Upload malware or anything you have no right to store.
• Use the Service in breach of any law, including medical-ethics and advertising rules that apply to dentists.

Limits for each plan (such as users, chairs, patients and storage) are shown on the pricing page and enforced by the software.

9. WhatsApp and other messages

• Messages are sent through Meta's WhatsApp Business platform via our gateway. You must follow Meta's WhatsApp Business and Commerce policies and Indian rules on commercial communications (including TRAI regulations).
• Send messages only to patients who have agreed to receive them, and stop when a patient asks you to.
• You are responsible for what your messages say.
• Delivery depends on Meta, mobile networks and the patient's phone. We are not responsible for messages that are delayed, not delivered, or blocked, or for action Meta takes on your WhatsApp number.

10. Public directory listing

Listing on the SmileDesk dentist directory (smiledesk.in/dentists) is optional and only happens when you publish it. If you publish a listing:

• You confirm the details are accurate and that every dentist named has agreed to be listed.
• You are responsible for making sure the listing complies with the professional-conduct and advertising rules that apply to you.
• We may edit for format, decline, or remove a listing — for example after a report that it is inaccurate — and you can unpublish it at any time.

11. Availability, support and backups

• We aim to keep the Service available around the clock and publish our uptime targets on the Trust page. These are targets, not guarantees, and no service credits apply unless your written order says otherwise.
• Planned maintenance is announced in-app in advance where possible. Urgent security fixes may be applied without notice.
• The Service depends on the internet, power, and third-party providers. We are not responsible for outages caused by them or by your own devices and connection.
• We back up Clinic Data regularly. If data is lost or corrupted, our responsibility is to make reasonable efforts to restore it from our most recent available backup. This is one more reason to keep your own exports (section 3).
• Support is provided through the in-app support section and by email, on the response times for your plan.

12. Third-party services

Some features rely on services we don't control — for example Meta (WhatsApp), payment processors (Poruz Pay / Razorpay), and Google Maps on directory pages. Your use of them may also be governed by their terms. We are not responsible for their acts, failures or charges.

13. Our software and your feedback

We own the SmileDesk software, design, brand and documentation. You get a non-exclusive, non-transferable right to use the Service for your clinic during your subscription. If you send us ideas or feedback, we may use them without any obligation to you.

14. Cancellation, suspension and termination

• You can cancel at any time. Cancellation takes effect at the end of the current billing period unless the refund policy says otherwise.
• We may suspend or end your access, with notice where practical, if you seriously breach these terms (including non-payment), if your use puts the Service or other clinics at risk, or if the law requires it.
• After your account ends you have 90 days to export your data. After that we permanently delete Clinic Data, including from backups as they expire, unless the law requires us to keep it. You can ask for earlier deletion.

15. Warranties

We will provide the Service with reasonable skill and care. Apart from that, and to the extent the law allows, the Service is provided “as is” and “as available”. We do not promise that it will be uninterrupted or error-free, or that it will meet every requirement of your practice.

Descriptions on our website, documentation, Trust page and marketing material explain how SmileDesk works today. They are not additional promises or warranties; the binding commitments are the ones in these terms.

16. Limitation of liability

• Our total liability to the Clinic for all claims in any 12-month period is limited to the fees the Clinic paid us for the Service in the 12 months before the event giving rise to the claim. During a free trial, that amount is zero.
• We are not liable for indirect or consequential loss, loss of profit, revenue, goodwill or business opportunity, or for claims arising from clinical care given to your patients.
• Nothing in these terms limits liability that cannot be limited under Indian law, including liability for fraud or wilful misconduct.

17. Indemnity

The Clinic will cover us (Poruz Systems, its owners and staff) against any claim, penalty, loss or reasonable legal cost brought by a patient, a regulator or any other third party that arises from:

• diagnosis, treatment or any other clinical care provided by the Clinic;
• the content of records, messages, certificates, consent forms or listings the Clinic creates or sends;
• the Clinic's failure to give notices, obtain consent, or meet its obligations as Data Fiduciary; or
• the Clinic's breach of these terms or of the law.

We will tell you promptly about any such claim and let you take part in handling it.

18. Events beyond our control

Neither of us is responsible for delay or failure caused by events beyond reasonable control — such as natural disasters, epidemics, war, government action, power or internet outages, or failures of third-party providers — for as long as the event lasts. Payment obligations for periods already used are not excused.

19. Changes to these terms

We may update these terms as SmileDesk changes. We will tell you about material changes at least 30 days before they take effect, by email to the Clinic's owner and an in-app notice. If you don't agree, you can cancel before the change takes effect; continuing to use the Service after that date means you accept the updated terms.

20. Disputes and governing law

• These terms are governed by the laws of India.
• If a dispute arises, either side can raise it in writing, and both will try to resolve it in good faith within 30 days.
• If it is not resolved, it will be settled by arbitration under the Arbitration and Conciliation Act, 1996, by a sole arbitrator appointed by agreement. The seat and venue of arbitration is Madurai, Tamil Nadu, and it will be conducted in English.
• Subject to that, the courts at Madurai, Tamil Nadu have exclusive jurisdiction, including for urgent interim relief.

21. General

• Whole agreement. These terms, the privacy policy, the refund policy and any written order form are the entire agreement between us about the Service.
• Severability. If any part is found unenforceable, the rest still applies.
• No waiver. Not enforcing a term straight away does not mean we give up the right to enforce it.
• Transfer. You may not transfer this agreement without our consent. We may transfer it as part of a merger, acquisition or sale of the business, and will tell you if we do.
• Notices. We send notices to the Clinic owner's registered email address or in the app. You send notices to support@poruz.com.

Contact

Questions and legal notices: support@poruz.com.
Data-protection grievances: see the grievance officer in our privacy policy.