1. Introduction
Welcome to Smilepass Inc. (“Smilepass,” “we,” “us,” or “our”). These Terms of Use govern your access to and use of our website, mobile applications, and services (collectively, the “Services”). By accessing or using the Services, you agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree to these terms, you must discontinue using our Services immediately.
We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting. Your continued use of the Services after any modifications constitute your acceptance of the updated Terms.
2. Description of Services
Smilepass provides digital engagement tools that allow dental clinics (“Users”) to present treatment plans to their patients and offer personalized payment options. The specific features and functionalities of the Services may evolve over time, and we reserve the right to modify or discontinue any aspect of the Services at our discretion.
3. Eligibility and Account Registration
You must be at least 18 years old to use our Services. By using the Services, you confirm that you meet this requirement.
You agree to provide accurate and complete registration information and to update it as necessary to keep it accurate.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
If you suspect unauthorized use of your account, you must notify us immediately at info@smilepass.com.
4. Subscription Services
During the subscription period, provided your account is in good standing, you will receive technical support and additional web-based training or services as Smilepass makes available.
Smilepass may remotely log in to your device to provide technical support, troubleshooting, or training. Such remote access may be conducted through secure, third-party, HIPAA-compliant entities. We may also access the system as necessary for maintenance.
5. Use of Services
You agree to use the Services only for lawful purposes and in accordance with these Terms. You may not:
Use the Services in any way that violates any applicable federal, state, local, or international law or regulation.
Impersonate any person or entity, or misrepresent your identity or affiliation with any person or entity.
Interfere with or disrupt the Services or attempt to gain unauthorized access to any part of the Services.
Reverse-engineer, decompile, or attempt to extract the source code of our software.
6. Content and Intellectual Property
All content provided on the Services, including text, graphics, logos, and software, is owned by Smilepass or our licensors and is protected by copyright, trademark, and other intellectual property laws.
You may not copy, modify, distribute, sell, or lease any part of our Services without our prior written consent.
Any feedback, suggestions, or ideas you provide to us may be used without compensation to you, and you grant Smilepass a non-exclusive, perpetual, worldwide license to use such content.
7. Payment and Billing
Some features of our Services may require payment. By making a purchase, you agree to provide accurate payment information and authorize us to charge your payment method.
All fees are non-refundable unless otherwise stated.
We reserve the right to change pricing or discontinue certain services at any time.
8. Third-Party Services
Our Services may include links to third-party websites or services. We are not responsible for the content, policies, or practices of these third parties. Your interactions with such third parties are solely at your own risk.
9. Data Privacy and Security
We take reasonable measures to protect the security of your personal and health-related data in compliance with HIPAA and PIPEDA.
By using our Services, you consent to the collection, use, and sharing of your data as described in our Privacy Policy.
While we take security seriously, we cannot guarantee that unauthorized third parties will not be able to bypass our security measures.
10. Termination and Suspension
We reserve the right to terminate or suspend your access to our Services at any time if we believe you have violated these Terms or engaged in unlawful activities.
You may also terminate your account at any time by contacting us at info@smilepass.com.
11. Disclaimer of Warranties
Our Services are provided “as is” and “as available” without warranties of any kind, either express or implied.
We do not guarantee that the Services will be uninterrupted, secure, or free from errors.
We are not responsible for any loss or damage resulting from your reliance on our Services.
12. Limitation of Liability
To the fullest extent permitted by law, Smilepass and its affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill.
Our total liability for any claims related to the Services shall not exceed the amount you paid us in the past six months or $500, whichever is lower.
13. Indemnification
You agree to indemnify and hold harmless Smilepass, its officers, directors, employees, and affiliates from any claims, damages, or expenses arising out of your violation of these Terms or misuse of the Services.
14. Dispute Resolution
Any disputes arising from these Terms will be resolved through binding arbitration in Toronto, Ontario, under Canadian arbitration laws.
You agree to waive your right to participate in a class action lawsuit.
15. Governing Law
These Terms are governed by the laws of the Province of Ontario, Canada, without regard to its conflict of law principles.
16. Contact Information
If you have any questions or concerns about these Terms, please contact us:
Smilepass Inc.
108 College St, Suite W780
Toronto, ON M5G 0C6
Canada
Email: info@smilepass.com
These Terms of Use constitute the entire agreement between you and Smilepass regarding the use of our Services. If any part of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
