Terms of Service

1. Who These Terms Apply To

"You" may be an individual or an entity. If you use the Service on behalf of an organization (such as a dental practice, clinic, or healthcare provider), you represent that you have authority to bind that organization to these Terms, and "you" includes the organization.

The Service may support multiple roles (e.g., administrators, providers, dentists, clinic staff, clients). Your permitted actions and access levels depend on your assigned role(s).

2. The Service

We provide a software platform designed for dental practices that includes:

• Slide and presentation creation tools for treatment plans and smile designs
• Customer Relationship Management (CRM) tools for patient management
• Treatment plan and practice workflow management
• Sales presentation tools for cosmetic dentistry
• Reporting and analytics dashboards
• Billing and subscription management

Features may change, be updated, or discontinued over time as we improve and evolve the Service.

3. Eligibility and Account Registration

3.1 Age Requirement: You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Service.

3.2 Accurate Information: You must provide accurate, current, and complete information during registration and maintain the accuracy of this information throughout your use of the Service.

3.3 Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to:

• Use a strong password and keep it secure
• Not share your account credentials with others
• Notify us immediately at support@yessmile.ai of any unauthorized access or security breach
• Accept responsibility for all activities conducted through your account

4. Acceptable Use

You agree not to:

• Use the Service for any unlawful, harmful, deceptive, or fraudulent purposes
• Interfere with or disrupt the Service or attempt to gain unauthorized access to our systems
• Upload, transmit, or distribute malware, viruses, or any malicious code
• Attempt to probe, scan, or test the vulnerability of the Service without written authorization
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service
• Use the Service to store or transmit content that infringes upon third-party rights
• Violate any applicable laws, regulations, or third-party rights, including HIPAA
• Use automated systems (bots, scripts, scrapers) to access the Service without permission
• Impersonate any person or entity or misrepresent your affiliation

5. Content and Data You Provide

5.1 Your Content

You retain ownership of all content and data you upload, submit, or create using the Service ("Customer Content"). You grant YesSmile.AI a limited, non-exclusive, royalty-free license to host, process, transmit, display, and reproduce Customer Content solely to:

• Provide and maintain the Service
• Improve and develop new features
• Ensure security and prevent fraud
• Comply with legal obligations

5.2 Responsibility for Customer Content

You represent and warrant that you have all necessary rights, permissions, and authorizations to provide Customer Content to us, and that doing so does not violate any law or third-party rights.

5.3 Protected Health Information (PHI)

When you use our Service to process Protected Health Information (PHI), you acknowledge that:

• YesSmile.AI acts as a Business Associate under HIPAA
• You must ensure a valid Business Associate Agreement (BAA) is in place
• You are responsible for your own HIPAA compliance
• You have obtained all necessary patient consents and authorizations

5.4 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us the right to use, modify, and incorporate such feedback without restriction, attribution, or compensation.

6. Privacy and Security

Our Privacy Policy explains how we collect, use, protect, and share information. It is incorporated by reference into these Terms.

View our Privacy Policy

7. Subscription Plans, Fees, and Taxes

7.1 Fees

Certain features and functionality of the Service require payment of fees. You agree to pay all applicable fees and taxes based on the subscription plan you select.

7.2 Billing Provider (Stripe)

Payments are processed by Stripe, Inc. When you provide payment information:

• Your payment details are transmitted directly to and stored by Stripe
• YesSmile.AI does not store full credit card numbers
• Your use of Stripe is subject to Stripe's Terms of Service and Privacy Policy

7.3 Automatic Renewals

Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date.

7.4 Changes to Fees

We may change subscription fees with at least 30 days' advance notice. Fee changes will apply to subsequent billing periods.

7.5 Taxes

All fees are exclusive of applicable taxes. You are responsible for paying all such taxes, except for taxes based on YesSmile.AI's net income.

7.6 Refunds

All fees are non-refundable except where required by law or as follows:

• Cancel within 14 days of initial purchase for a full refund
• Refunds are not available for subscription renewals
• Refund requests must be submitted to support@yessmile.ai

8. Trials and Promotions

If you receive access through a free trial or promotional offer:

• We may require a valid payment method
• Trials may automatically convert to paid subscriptions unless cancelled
• Trial periods are typically limited to one per user or organization
• We reserve the right to modify or terminate trials at any time

9. Third-Party Services and Links

The Service may integrate with or link to third-party services, including payment processors, email providers, analytics services, and dental practice management tools.

We are not responsible for third-party services, their content, privacy practices, or availability.

10. Intellectual Property

YesSmile.AI and its licensors own all rights, title, and interest in and to the Service, including software, code, user interface designs, logos, trademarks, and documentation.

Your license to use the Service is limited to the rights expressly granted in these Terms.

11. Suspension and Termination

11.1 Termination By You

You may stop using the Service and cancel your subscription at any time through your account settings or by contacting support.

11.2 Suspension or Termination By Us

We may suspend or terminate your access if you breach these Terms, we suspect fraud, or as required by law.

11.3 Effect of Termination

Upon termination, your access will immediately cease. You may request an export of your Customer Content within 30 days.

12. Disclaimers

12.1 Not Professional Advice

The Service provides tools and informational resources. It is not a substitute for professional medical, dental, legal, or financial advice. All clinical decisions remain the sole responsibility of licensed healthcare providers.

13. Limitation of Liability

14. Indemnification

You agree to indemnify and hold harmless YesSmile.AI from claims arising out of your Customer Content, your use of the Service, violation of laws, or failure to comply with HIPAA.

15. Governing Law & Dispute Resolution

15.1 Governing Law

These Terms are governed by the laws of the State of New York, United States.

15.2 Dispute Resolution

Before formal legal action, you agree to contact us at support@yessmile.ai to attempt informal resolution for at least 30 days. Any legal action must be brought in New York County, New York.

15.3 Class Action Waiver

TO THE EXTENT PERMITTED BY LAW, CLAIMS MAY ONLY BE BROUGHT IN INDIVIDUAL CAPACITY AND NOT AS A CLASS OR REPRESENTATIVE PROCEEDING.

16. Changes to These Terms

We may update these Terms from time to time. Material changes will become effective 30 days after notice is provided. Your continued use constitutes acceptance.

17. General Provisions

These Terms, together with our Privacy Policy and any Business Associate Agreement, constitute the entire agreement. If any provision is found invalid, the remaining provisions continue in full force.

18. Contact Information

If you have questions regarding these Terms, please contact us: