These Terms of Service ("Terms") govern access to and use of the SmileStudio platform, applications, and related services (the "Service"), provided by the Company. By creating an account or using the Service, you agree to these Terms on behalf of the dental or orthodontic practice you represent (the "Practice").
The Service is a sales and communication tool, not a medical device. Every visualization it produces is an illustrative preview only — never a prediction, promise, or guarantee of a clinical outcome.
The Service is a business tool offered exclusively to licensed dental and orthodontic practices and their authorized staff. The Service is not offered to consumers. By registering, you confirm that you are authorized to bind the Practice to these Terms.
The Service is a sales tool for dental and orthodontic practices. It enables a Practice to create illustrative smile visualizations and supporting materials which the Practice may, at its own decision and direction, share with its own patients. All patient-directed use of such materials is an act of the Practice; the Company provides tooling only.
The Service does not provide medical or dental advice, diagnosis, or treatment planning. Any visualization produced by the Service, including AI-generated smile simulations, is an artistic, illustrative preview only. It is not a prediction, promise, or guarantee of any clinical outcome, and it must not be presented to any patient as such. The Service is not a medical device and is not intended for use in diagnosis, treatment planning, or the prevention or treatment of disease.
Portions of the Service's output (including visualizations and draft letter text) are generated by artificial intelligence and may contain inaccuracies. The Practice is responsible for reviewing and approving all generated content before any use or transmission to a patient.
All clinical judgment, diagnosis, treatment decisions, and communications about expected outcomes remain the sole responsibility of the Practice and its licensed clinicians. The Company exercises no clinical judgment and assumes no clinical responsibility.
The Practice likewise remains solely responsible for its own regulatory compliance, including HIPAA, state privacy and dental-practice rules, its Notice of Privacy Practices, and obtaining all patient consents and authorizations. Nothing in the Service or its documentation constitutes legal or compliance advice.
The Practice warrants that, before uploading any patient photograph or patient information to the Service, it has obtained all consents and authorizations required by applicable law and professional rules, including consent to the creation of digital visualizations and to the processing described in our Privacy Policy. The Practice is solely responsible for what it shares with its patients and through which channel.
Without limiting the foregoing, the Practice warrants that it will obtain a patient's written HIPAA authorization (45 CFR 164.508) before using that patient's photographs, visualizations, or results in any marketing material, testimonial, content library, or communication directed at persons other than the patient. The Company provides tooling; the decision and the authorization obligation are the Practice's alone.
Where the Practice is a covered entity under HIPAA and the Service processes protected health information ("PHI") on its behalf, the parties' obligations regarding PHI are governed by the Business Associate Agreement ("BAA") entered into between the Practice and the Company. In the event of a conflict between these Terms and the BAA with respect to PHI, the BAA prevails.
Where data protection law applies to the Company's processing of personal data on the Practice's behalf, the parties' obligations are additionally governed by the Data Processing Addendum ("DPA").
6.1 Each staff member must use an individual account. Account sharing is not permitted.
6.2 Two-factor authentication is mandatory for password-based accounts and may not be circumvented; accounts that sign in through Google or Microsoft inherit that provider's authentication.
6.3 The Practice is responsible for maintaining the confidentiality of its staff credentials and for all activity under its accounts, and must notify the Company without undue delay of any suspected unauthorized access.
6.4 The Company may suspend accounts that present a security risk or that are used in material breach of Section 7.
The Practice must not: (a) upload images or information of any person without the consent described in Section 4; (b) use the Service to make clinical claims or outcome guarantees to patients; (c) attempt to probe, disable, or circumvent security or rate-limiting features; (d) resell, sublicense, or provide the Service to third parties; (e) use the Service in violation of any applicable law or professional regulation.
8.1 The Service is provided on a subscription basis at the prices presented at purchase. Payments are processed by our payment provider; the Company does not store card details.
8.2 Subscriptions renew automatically until cancelled. Cancellation takes effect at the end of the current billing period.
8.3 Fees are non-refundable except where required by law or expressly stated.
8.4 The Company may suspend the Service for accounts with overdue payment after reasonable notice.
8.5 Fees are exclusive of taxes. The Practice is responsible for any applicable sales, use, or value-added taxes, excluding taxes on the Company's income.
The Service, including its software, design, and content (excluding Practice data and patient materials), is and remains the property of the Company and its licensors. The Practice retains all rights in the data and materials it uploads. The Practice grants the Company a limited license to process uploaded materials solely to provide the Service.
The Company may create and use de-identified and aggregated usage and operational data (in accordance with 45 CFR 164.514(b) where PHI is concerned) to operate, secure, and improve the Service and to produce statistics that do not identify any Practice or patient. For the avoidance of doubt, this right does not extend to patient photographs or visualizations, which are used solely to provide the Service to the Practice.
If the Practice provides suggestions or feedback about the Service, the Company may use them without restriction or obligation.
Upon termination of the subscription, the Practice may request an export of its data, which the Company will provide within fifteen (15) business days of the request. Thirty (30) days after termination, the Company will securely delete or de-identify Practice and patient data in accordance with the Privacy Policy and, where applicable, the BAA, except where retention is required by law (including security audit records).
The Service is provided on an "as available" basis. The Company does not guarantee uninterrupted availability and may perform maintenance with reasonable notice where practicable. The Company continuously improves the Service and may add, modify, or remove features; reasonable advance notice will be given of changes that materially reduce core functionality. Support is provided via legal@simulateasmile.com.
Except as expressly stated, the Service is provided "as is" without warranties of any kind, whether express or implied, including fitness for a particular purpose. Without limiting Section 2, the Company expressly disclaims any warranty that visualizations resemble achievable clinical results. Pilot, trial, or beta features are identified as such, are provided as-is, and may be modified or withdrawn at any time.
To the maximum extent permitted by law: (a) the Company shall not be liable for indirect, incidental, special, or consequential damages, loss of profits, or loss of goodwill; (b) the Company's aggregate liability arising out of or relating to the Service shall not exceed the fees paid by the Practice in the twelve (12) months preceding the event giving rise to the claim. Nothing in these Terms limits liability that cannot be limited by law.
The Practice shall indemnify and hold harmless the Company from claims arising out of (a) the Practice's breach of Sections 4 or 7, (b) clinical services provided by the Practice, or (c) representations made by the Practice to its patients regarding visualizations or outcomes.
The Company may update these Terms with reasonable prior notice. Continued use of the Service after the effective date of changes constitutes acceptance. Material changes affecting PHI handling will be reflected in the BAA process.
Severability. If any provision of these Terms is held unenforceable, the remainder remains in full force, and the provision shall be enforced to the maximum extent permissible.
Entire agreement. These Terms, the BAA, the DPA, and the subscription order form constitute the entire agreement regarding the Service and supersede prior discussions.
Order of precedence. In case of conflict: the BAA prevails with respect to PHI; the DPA prevails with respect to data protection law obligations; otherwise a signed order form prevails over these Terms.
Survival. Sections 2–5, 9, 10, and 12–17 survive termination of these Terms.
Assignment. The Practice may not assign these Terms without the Company's written consent; the Company may assign to an affiliate or in connection with a merger or sale of the business.
Waiver. Failure to enforce a provision is not a waiver of it.
Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control.
Notices. Legal notices shall be sent to legal@simulateasmile.com (for the Company) and to the Practice's registered account email, and are deemed given on delivery.
These Terms are governed by the laws of Spain, without regard to conflict-of-law rules. The parties submit to the exclusive jurisdiction of the courts of Madrid, Spain.
Disputes arising under the Business Associate Agreement are governed by Section 11.5 of that agreement, which provides for arbitration seated in Madrid, Spain, conducted in English. Nothing in these Terms affects the parties' obligations under HIPAA.
Ibercom Comercio Industrial, S.L. (operating as SmileStudio)
C/ Marina Alta 4, Esc. 12, 8, 46015 Valencia, Spain
legal@simulateasmile.com
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