General Terms & Conditions
Terms & Conditions
The Smiletronix device and/or mobile app (the “device” or “app”) is provided by Smiletronix. Throughout this document, the terms “we”, “us” and “our” refer to Smiletronix. Smiletronix offers this device and app, including all information, tools and services available to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By using our device or app, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the device or app, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our device or app. By accessing or using any part of the device or app, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the device or app or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current device or app shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our app. It is your responsibility to check this page periodically for changes. Your continued use of or access to the device or app following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – MEDICAL DEVICE REGULATION
The Smiletronix device and/or app are still in development and have not been approved by FDA or CE regulatory bodies. The product is not currently for sale on the market, as product must first be approved by regulatory bodies in the country of sale. Any usage of the developing device and/or app for early testing or any other reason by the user is performed at the sole discretion of the user with understanding that the device and/or app have not been approved under regulations. By agreeing to these Terms and Conditions, the user is responsible for taking any and all risks involved in using the developing device or app and waive any right to take legal action against Smiletronix for any reason. Smiletronix is not responsible for any risks, injury, information provided, or any other outputs related to the developing device and app.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the device and app through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this device and app is not accurate, complete or current. The material on this device and app is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this device and app is at your own risk.
This device and app may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this device and app at any time, but we have no obligation to update any information on our device and app. You agree that it is your responsibility to monitor changes to our device and app.
SECTION 4 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the device and app is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the app (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 5 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website or app. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 6 – PERSONAL INFORMATION
SECTION 7 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our app or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related app is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related app, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related app, should be taken to indicate that all information in the Service or on any related app has been modified or updated.
SECTION 8 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the app or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related app, other websites or apps, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related app, other websites or apps, or the Internet. We reserve the right to terminate your use of the Service or any related website or app for violating any of the prohibited uses.
SECTION 9 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Smiletronix, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 10 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Smiletronix and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 11 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 12 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our device or app.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 13 – WARRANTY AND RETURNS POLICY
Smiletronix warranties that the products will be free from material defects at the time of delivery. This warranty is in lieu of all other warranties, express or implied, including without limitation any warranty of merchantability for a particular purpose. Except as specifically and expressly provided herein, there are no warranties, express or implied, which extend beyond the description on the face of these terms and conditions. This warranty applies only to Products manufactured by Smiletronix. To the extent there is a defect in a component that is manufactured by a third-party, Smiletronix will pass-through the applicabl manufacturer’s warranty.
After a Product has been delivered and accepted by the Purchaser, if Purchaser believes that a part of the Product purchased by Purchaser is defective, Purchaser shall contact Smiletronix at firstname.lastname@example.org within 7 days of delivery and describe the defective pieces and defects in detail plus supply images of the defects. If Smiletronix finds that the part is defective and that the claim was filed within 7 days of delivery, Smiletronix shall, at its sole option, shall replace the parts at issue. In the event of replacement, Smiletronix will pay shipping costs for ground shipping of the replacement parts. If Smiletronix reasonably determines that the Product is not defective or defects are due to assembly error or use or was not filed within 7 days of purchase, Smiletronix will deny the application and take no further action.
After a Product has been delivered and accepted by the Purchaser, if Purchaser believes that the entire Product purchased by Purchaser is defective, Purchaser shall contact Smiletronix at email@example.com within 7 days of delivery and file a return application with a detailed description and pictures of the defects. If Smiletronix finds that the Product is defective and that the claim was filed within 7 days of delivery, Smiletronix shall assign a return authorization number. The Purchaser may return the Product within 14 day of the date of delivery. Prior to return of the Product, Purchaser must have obtained a return authorization number by contacting Smiletronix at: firstname.lastname@example.org. No Product will be processed without a return authorization number. Purchaser agrees to pack the Product carefully, the same way it was delivered and return it to Smiletronix, freight prepaid, together with an explanatory note and the return authorization number. The returned Product must be free of any defect or damage caused by shipping or assembly. If Smiletronix finds that the Product is defective and that the Product was returned within 14 days of delivery, Fully shall, at its sole option, either refund the purchase price, repair the defect, or replace the Product. In the event of repair or replacement, Smiletronix will pay return costs for ground shipping. If Smiletronix reasonably determines that the Product is not defective or was not returned within 14 days of purchase, Smiletronix will contact Purchaser and will arrange for reshipment to Purchaser at Purchaser’s cost. If Purchaser declines to pre-pay such shipping and handling costs, Smiletronix shall be under no obligation to return such non-defective Product.
The right of withdrawal
The Consumer enjoys a right of withdrawal, in accordance with European Council Directive -2006/112/CE. The right of withdrawal provides the Consumer with the possibility to terminate the contract if, after the delivery, he is not satisfied with the product. No required motivation or penalty fee is applicable. If the Consumer applies his right of withdrawal in conformity to the legal conditions, Smiletronix will take care of the reimbursement of the amount actually paid for the product within fourteen (14) calendar days. The reimbursement will be carried out through the same payment method you used for the initial transaction, unless the consumer expressly agreed otherwise. No fee will be charged for the reimbursement. Smiletronix will not reimburse any additional delivery costs, such as the cost endorsed if the consumer selects a delivery method that differs from the cheapest standard delivery method.
Exercising the right of withdrawal
The Consumer who wishes to invoke the right of withdrawal must communicate his decision explicitly and unambiguously, in a written statement. The communication must happen within fourteen (14) calendar days.
- Sales contract: The day of acquiring physical possession of the goods.
- Service contract: The day of the conclusion of the contract.
It is up to the consumer to prove that he can rely on his right. The following information must always be clearly communicated:
- The following three dates: the date of order, date of receipt and the date on which the right of withdrawal is used;
- Name and address of the Consumer;
- Signature of the Consumer.
The Consumer must remand the products to Smiletronix as soon he has notified his decision to exercise his right of withdrawal, and no later than fourteen (14) calendar days of the communication. The return shipment can only be done by manner of an authorized carrier. In any case, the Consumer will bear all costs and risks of remand. Smiletronix may suspend the reimbursement until receipt of evidence by the Purchaser that the products have been returned. The Purchaser is liable for any diminished value of the products resulting from the handling of the products beyond what is necessary to establish the nature, characteristics and functioning of the products. Smiletronix is entitled to charge the costs of the impairment in proportion to the repayment. The Consumer has no right of withdrawal if the above conditions are not met. In that case, the goods will be returned to the Consumer at the expense and risk of the Consumer. Smiletronix undertakes to clearly communicate its motives to the Consumer.
MODEL FORM : RIGHT OF WITHDRAWAL
This model form allows you to easily apply your right of withdrawal. Please take into account the fact that withdrawal is not in all cases possible and that a purchaser remains liable for significant impairments to the products. Please only use this form if you are sure about the withdrawal.
Smiletronix Technologies S.L.
Contact details Consumer (“I”):
Name and surname:
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the
following goods (*)/for the provision of the following service (*)
The goods and / or services were ordered on .. / .. / …, and received on .. / .. / ….
I declare this form filled out in an accurate, truthful and complete manner.
Signature of consumer (s) (**) Date .. / .. / ….
(*) Delete if not applicable. (**) Only if this form is submitted on paper
The 1-year warranty on our products is fair to both us and our customers. If the
product is not working because of a defect, then we should cover the costs. If the product
is damaged by the user, then they should cover the costs.
Covered by the warranty:
- The Smiletronix product and components provided in the package.
- Performance according to published specifications.
- Defective materials or workmanship in the product.
- Defects affecting operation of the product.
Not covered by the warranty:
- Normal wear and tear of the product.
- Any damages or malfunctions in the product caused by repairs, or attempted repairs,
performed by anyone not affiliated with or authorized by Smiletronix.
- Any product that has been damaged by or subjected to misuse, abnormal handling or
- Improper assembly or disassembly.
- Any modifications to electronic components.
- The warranty period begins the day the product is delivered to the customer.
- This warranty is valid for the original purchaser of the product.
- We will repair or replace, free of charge, any parts necessary to correct defects in
materials or workmanship.
- We will make an honest assessment when diagnosing the issue.
- When we are in doubt, we will err on the side of the customer.
To receive warranty service, please contact our support team at email@example.com.
SECTION 14 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this app or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 15 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States.
SECTION 16 – CHANGES TO TERMS OF SERVICE
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our app or on our website. It is your responsibility to check our app or website periodically for changes. Your continued use of or access to our app or website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 17 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.
PERSONAL INFORMATION WE COLLECT
When you use the Smiletronix device and app, we will collect information about the user including but not limited to first and last name, contact information, country of origin, age, gender, habits related to oral hygiene, diet, or other lifestyle information, and images of teeth and gums.
All personal information will be kept anonymous and secure in accordance with US privacy regulations, with understanding by the user that no database of information is completely secure. Smiletronix will attempt to keep all data anonymous and secure within the Smiletronix organization, but Smiletronix is not responsible for breaches of data privacy that may occur.
When you use the device or app, we may automatically collect certain information about your device, including information about your browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the app, we may collect information about the individual pages or products that you view, what websites or search terms referred you to the app, and information about how you interact with the app. We refer to this automatically-collected information as “Device Information.”
We collect Device Information using the following technologies:
– “Cookies” are data files that are placed on your device and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
– “Log files” track actions occurring on the app, and collect data including your IP address, phone type, Internet service provider, referring/exit pages, and date/time stamps.
– “beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the app.
HOW DO WE USE YOUR PERSONAL INFORMATION?
We use the Order Information that we collect to:
Communicate with you; and
When in line with the preferences you have shared with us, provide you with information relating to our products or services.
SHARING YOUR PERSONAL INFORMATION
We do not share your personal information outside of our organization, unless required to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at email@example.com.