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TrichoMap — Terms of Service (Master Services Agreement)

Effective date: 2026-07-21 · Provider: TrichoMap LLC ("TrichoMap," "we," "us") · Customer: the practice that signs up ("Practice," "you")


1. Agreement and acceptance

These Terms of Service (the "Terms," or "Agreement") govern your access to and use of the TrichoMap software platform and related services (the "Service"). By creating an account, clicking to accept, or using the Service, the individual accepting agrees to these Terms on behalf of the Practice and represents that they have authority to bind the Practice.

These Terms incorporate by reference, and must be read together with:

If there is a conflict between these Terms and the Business Associate Agreement on a matter of protected health information or de-identified data, the Business Associate Agreement controls.

2. The Service

TrichoMap is a multi-tenant software platform for documenting and tracking hair and scalp conditions, including standardized photography, dermoscopy (trichoscopy) imaging, structured clinical findings, diagnoses, treatment plans, follow-up, and standardized assessment scores. We may update, improve, or modify the Service over time. Features described as "beta" are provided as-is and may change or be withdrawn.

3. Accounts, clinicians, and security

3.1 The Practice is responsible for all activity under its account and for maintaining the confidentiality of credentials. Multi-factor authentication is required for administrative access.

3.2 The Practice designates clinicians and other users. The Practice is responsible for ensuring its users are authorized to access the relevant patient data under applicable law and the Practice's own policies.

3.3 The Practice must promptly notify us of any unauthorized access or use.

4. Subscription, fees, and billing

4.1 Plans. The Service is offered on subscription plans, currently:

Current plan details and pricing are presented in-app and may be updated prospectively on notice. Photo caps are cumulative totals for the account, not monthly allowances, and do not vary with the number of clinicians. New practices begin on the Free plan; subscribing to a paid plan and adding a payment method occur in-app (Settings → Billing).

4.2 Payment. Paid plans are billed to the payment method on file when the Practice subscribes and monthly thereafter. Fees are non-refundable except where required by law. The Practice authorizes us (and our payment processor) to charge the payment method for all fees, including overage and plan changes. The Practice may cancel at any time in Settings → Billing.

4.3 Overage. On Pro and Practice, photograph capture is not interrupted when the plan's photo cap is reached; additional photographs accrue and are billed at $4 per 1,000. Accrued overage is displayed in the Service. Free and Starter have no overage — capture is paused at the cap until the Practice upgrades.

4.4 Changes in plan or clinicians. Plan changes take effect as described in the Service and adjust fees prospectively. Clinician capacity is set by the plan (1 clinician on Free, Starter, and Pro; up to 100 on Practice) and is included in the plan price rather than charged per seat. Downgrading to a plan that permits fewer clinicians than the Practice currently has requires removing clinicians first.

4.5 Taxes. Fees are exclusive of taxes; the Practice is responsible for applicable taxes other than taxes on our income.

4.6 Non-payment. We may suspend or limit the Service for non-payment after reasonable notice. Suspension or cancellation of a paid plan does not automatically delete the Practice's photographs or records.

5. Data rights — condition of use

5.1 De-identified data. As a condition of using the Service, the Practice grants TrichoMap the rights to create, retain, use, and commercialize de-identified data as set out in the Business Associate Agreement and its De-Identification & Data Use Addendum. This includes use for product improvement, research and publication, and commercial purposes including licensing to third parties such as pharmaceutical and medical-device companies. De-identification follows the HIPAA Safe Harbor standard as described in those documents.

5.2 Single tier. This data-rights grant applies to all plans; there is no plan that removes or opts out of it. The grant is disclosed clearly at signup.

5.3 Practice's clinical data. TrichoMap does not claim ownership of the Practice's clinical records or the source images. The Practice's identifiable data is handled under the Business Associate Agreement.

5.4 Patient consent. The Practice is responsible for obtaining and maintaining all patient authorizations, consents, and notices required by law for the Practice's use of the Service and for the de-identification and use described in Section 5.1.

6. Acceptable use

The Practice and its users will not: (a) use the Service in violation of law or applicable medical-practice or privacy requirements; (b) upload data they lack the right to upload; (c) attempt to access another tenant's data; (d) reverse-engineer, scrape, or circumvent security controls; (e) resell or provide the Service to third parties except for the Practice's own patient care; or (f) upload malicious code. The Service is a documentation and tracking tool and is not a substitute for the clinician's independent medical judgment.

7. Intellectual property

7.1 Our IP. TrichoMap, the Service, and all software, content, and materials we provide (excluding the Practice's data) are owned by us or our licensors. We grant the Practice a limited, non-exclusive, non-transferable right to use the Service during the term.

7.2 Derived work product. As set out in the Business Associate Agreement, we own the derivative and aggregated work product we create from de-identified data (including trained models, normalized datasets, and analytics).

7.3 Feedback. If the Practice provides feedback, we may use it without restriction.

8. Confidentiality

Each party will protect the other's non-public business information disclosed in connection with the Service. This does not limit our handling of data under the Business Associate Agreement and Privacy Policy.

9. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THE SERVICE DOES NOT PROVIDE MEDICAL ADVICE AND DOES NOT REPLACE CLINICAL JUDGMENT.

10. Limitation of liability

TO THE EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS OR DATA. OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE FEES PAID BY THE PRACTICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. The cap above does not apply to a party's breach of its confidentiality or data-protection obligations, to its indemnification obligations, or to liability that cannot be limited under applicable law.

11. Indemnification

The Practice will indemnify us against third-party claims arising from the Practice's misuse of the Service, violation of these Terms, or failure to obtain required patient consents. We will indemnify the Practice against third-party claims that the Service, when used as authorized, infringes a third party's intellectual-property rights, except to the extent the claim arises from the Practice's data or the Practice's combination of the Service with materials not provided by us. The indemnifying party's obligation is conditioned on prompt written notice of the claim, sole control of the defense and settlement (subject to the indemnified party's reasonable consent), and the indemnified party's reasonable cooperation.

12. Term and termination

12.1 These Terms apply while the Practice uses the Service.

12.2 Either party may terminate as described in the Service or for material breach not cured within a reasonable period.

12.3 Effect of termination. Upon termination, the Practice's right to use the Service ends. Return or deletion of protected health information is governed by the Business Associate Agreement. Rights in de-identified data already created survive termination, as set out in the Business Associate Agreement. Provisions that by their nature should survive (including Sections 5, 7, 9, 10, 11, and 13) survive.

13. General

13.1 Successors and assigns. We may assign these Terms, including to a successor entity or in connection with a financing, merger, reorganization, or sale of assets, without the Practice's further consent. The Practice may not assign without our consent.

13.2 Changes to these Terms. We may update these Terms prospectively. Material changes will be communicated, and continued use after the effective date constitutes acceptance. Where the change materially affects the data-rights grant, practices may be asked to re-acknowledge.

13.3 Governing law / dispute resolution. These Terms are governed by the laws of the United States and of the state in which the Provider has its principal place of business, without regard to conflict-of-laws principles. Any dispute arising out of or relating to these Terms will be resolved in a court of competent jurisdiction in that state, and the parties consent to personal jurisdiction in those courts. Nothing in this Section limits either party's right to seek injunctive or equitable relief in any court of competent jurisdiction.

13.4 Entire agreement. These Terms, together with the Business Associate Agreement and Privacy Policy, are the entire agreement between the parties regarding the Service and supersede prior agreements on that subject.

13.5 Severability; no waiver. If any provision is unenforceable, the rest remains in effect. A failure to enforce a provision is not a waiver.