Terms of Use

Last updated June 4, 2026 · Effective June 4, 2026

These Terms govern your access to and use of the SmileViz websites, applications, and services. Please read them carefully — by creating an account or using the Services, you agree to these Terms on behalf of your dental practice.

1. Acceptance of terms

These Terms of Use (the "Terms") are a legal agreement between you and SmileViz LLC, a Texas limited liability company ("SmileViz," "we," or "us"). They govern your access to and use of our websites, applications, and services (the "Services").

By creating an account, clicking "I agree," or using the Services, you accept these Terms. If you are entering into them on behalf of a dental practice or other organization, you represent that you are authorized to bind that organization, and "you" refers to that organization.

If you do not agree, do not access or use the Services.

2. Definitions

Services — The SmileViz platform, including the Smile Simulator, Virtual Consultation, and Self-Simulation products, websites, and related features.
Practice / you — The dental office, clinician, or organization that subscribes to and uses the Services.
Authorized users — The individuals you permit to access the Services under your account.
Patient data — Photos, smile concerns, contact details, and related information submitted to the Services about a patient.
Credits — The units consumed to generate simulations or previews under your plan.

3. License & access

Subject to these Terms and your payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Services for your internal business use of operating your dental practice during your subscription term.

The Services are licensed, not sold. You receive no ownership of the software, and you will not, and will not permit any third party to: (a) copy, modify, translate, or create derivative works of the Services or any part of them; (b) reverse engineer, decompile, disassemble, or otherwise attempt to discover or extract the source code, models, algorithms, or underlying structure of the Services; (c) resell, rent, lease, sublicense, distribute, or provide the Services to any third party, or use them in a service-bureau, time-sharing, or outsourcing arrangement; (d) access or use the Services to build, train, or improve a competing or similar product or service, or to copy any feature, function, workflow, process, method, sequence, user interface, or design of the Services; (e) scrape, harvest, or systematically extract data or outputs from the Services, or use any bot, crawler, or automated means to access them; (f) benchmark or publish performance or comparison information about the Services without our prior written consent; or (g) remove, obscure, or alter any proprietary notices.

Our software, models, designs, user interfaces, "look and feel," workflows, processes, methods, sequences of operations, and related know-how are the confidential, proprietary trade secrets of SmileViz. You will not disclose, replicate, or use them except as expressly permitted by these Terms, and you will not use the Services to develop, or assist anyone in developing, any product or service that competes with SmileViz.

4. Subscriptions & credits

The Services are offered on a subscription basis across tiers (for example, SmileViz Core and SmileViz Pro). Your plan defines the features available to you and the number of monthly simulation credits included.

Included credits refresh each billing cycle and, unless your plan states otherwise, do not roll over.
Additional credits may be purchased as top-ups at the then-current rate.
We may add, change, or retire features and plan limits; we will give reasonable notice of material adverse changes to paid features.

5. Billing, renewal & refunds

Fees & billing cycle. Subscription fees are billed in advance on a monthly or annual basis as selected at checkout. You authorize us (and our payment processor) to charge your payment method for all fees.
Auto-renewal. Subscriptions renew automatically for successive terms unless you cancel before the end of the current term in your account settings.
Cancellation. You may cancel at any time; access continues until the end of the current billing cycle.
Refunds. Except where required by law, fees are non-refundable and there are no refunds or credits for partial periods or unused credits.
Taxes. Fees are exclusive of taxes; you are responsible for applicable taxes other than taxes on our income.
Late payment. We may suspend the Services for non-payment after reasonable notice.

6. Acceptable use

You and your authorized users agree not to:

Upload images or data you do not have the right and consent to submit, or that infringe any third party's rights.
Use the Services to create misleading, deceptive, or fraudulent representations of clinical outcomes.
Present an AI simulation to a patient as a guaranteed or exact clinical result.
Attempt to gain unauthorized access to the Services, other accounts, or our systems; introduce malware; or disrupt the Services.
Reverse engineer, scrape, replicate, or copy any part of the Services, their outputs, or their workflows, or use them to build or train a competing product or model.
Use the Services in violation of any applicable law, including healthcare, advertising, and privacy laws.
Share login credentials; each authorized user must have a unique account.

We may investigate and suspend or terminate accounts that violate this section.

7. Patient data, consent & HIPAA

You are responsible for your patients' information and for your own compliance with healthcare and privacy laws.

You represent that you have obtained all consents and authorizations required to capture patient photos, submit them to the Services, generate previews, and communicate with patients.
You will obtain a patient's written authorization before any marketing use of their images (for example, before/after promotion on social media or your website).
Where your use of the Services involves PHI, our Business Associate Agreement governs that handling and is incorporated by reference. In a conflict between the BAA and these Terms regarding PHI, the BAA controls.
Our handling of personal information is further described in our Privacy Policy.

8. SMS communications

SmileViz sends SMS notifications on behalf of dental practices. When a patient receives a text message from a SmileViz number, the message is sent at the direction of the practice that captured the patient's photo and generated their smile simulation.

Consent is required. You must obtain a patient's explicit consent before entering their mobile phone number into the SmileViz platform — verbally during the in-office visit when the patient provides their number, on your written intake form, or on a digital consent form you provide. SmileViz does not initiate SMS communications with anyone whose number has not been entered by a consent-bound practice.
Message content & frequency. Messages contain a one-time secure link to view the personalized smile simulation you generated. Frequency is variable — typically one message per simulation. SmileViz does not send marketing or promotional content via SMS.
Sender identification. Messages are sent from a SmileViz toll-free number on your behalf; your practice name and (where available) the doctor's name appear in the message body so recipients can identify the source. The simulation lives behind a token-gated, expiring link — no clinical detail appears in the SMS body.
Opt-out. Recipients may reply STOP to any message to opt out of future SMS immediately, or HELP for help. Message and data rates from the recipient's mobile carrier may apply. You are responsible for honoring consent revocations a patient communicates to your practice directly.

9. Intellectual property

SmileViz and its licensors own all rights, title, and interest in the Services, including the software, models, designs, trademarks, and all related intellectual property. These Terms grant you no rights to our marks.

As between you and SmileViz, you retain ownership of your content and patient data. You grant us a limited license to host, process, transmit, and display that content solely to provide, secure, and support the Services and as permitted by the BAA.

Feedback

If you provide suggestions, ideas, or feedback about the Services, you assign them to SmileViz and we may use them for any purpose without restriction, attribution, or compensation. We may also use aggregated and de-identified data (that does not identify you, your patients, or any individual) to operate, analyze, and improve the Services.

Reservation of rights

All rights not expressly granted to you are reserved by SmileViz and its licensors. No rights are granted by implication, estoppel, or otherwise.

10. Third-party services & AI output

The Services may integrate third-party tools (for example, payment processing, messaging, or AI processing). Your use of those tools may be subject to their terms, and we are not responsible for third-party services.

AI-generated previews are illustrative simulations, not medical advice, diagnoses, or guarantees of outcome. Clinical decisions remain the sole responsibility of the treating clinician. You are responsible for reviewing outputs before presenting them to patients.

11. Disclaimer of warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT AI OUTPUTS WILL BE ACCURATE OR SUITABLE FOR ANY PARTICULAR PURPOSE.

12. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, SMILEVIZ AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL. OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNTS YOU PAID TO US FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you. Nothing limits liability that cannot be limited by law.

13. Indemnification

You will defend, indemnify, and hold harmless SmileViz and its officers, employees, and agents from any claims, damages, and expenses (including reasonable legal fees) arising from: (a) your content or patient data; (b) your use of the Services in violation of these Terms or law; (c) your failure to obtain required patient consents or authorizations, including SMS consent; or (d) claims arising from SMS messages sent at your direction.

14. Term & termination

These Terms apply while you use the Services. You may terminate by canceling your subscription. We may suspend or terminate your access if you materially breach these Terms, fail to pay, or use the Services in a way that creates risk or legal exposure.

On termination, your right to use the Services ends. We will return or destroy PHI in accordance with the BAA, and you may export your content during any wind-down period we provide. Sections that by their nature should survive — including IP, disclaimers, limitation of liability, indemnification, and dispute terms — will survive.

15. Governing law & disputes

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law rules. The parties submit to the exclusive jurisdiction of the state and federal courts located in Texas, except that either party may seek injunctive relief in any court of competent jurisdiction.

Binding arbitration; class-action waiver. Any dispute arising out of or relating to these Terms or the Services will be resolved by final and binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, seated in the State of Texas. You and SmileViz waive any right to a jury trial and agree that claims may be brought only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. If this class-action waiver is found unenforceable, the entire arbitration provision will be void.

16. General & contact

Changes to these Terms

We may update these Terms from time to time. We will post the revised version with a new "Last updated" date and, for material changes, provide additional notice. Continued use after changes take effect constitutes acceptance.

Entire agreement

These Terms, the Privacy Policy, any BAA, and any order or plan you accept form the entire agreement between you and SmileViz. If any provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver.

Questions about these Terms?

Email: support@smileviz.com

SmileViz LLC · Texas, USA