Terms & Conditions

These Terms and Conditions ("Terms") govern your use of the SmileCare website at smilecareapp.com (the "Site") and the SmileCare Dental Clinic Management System software (the "Software"). By accessing the Site or purchasing, downloading, or using the Software, you agree to be bound by these Terms. If you do not agree, do not use the Site or Software.

1.Definitions

• "Licensor" refers to SmileCare, the owner and publisher of the Software.
• "Licensee", "you", or "your" refers to the person or entity purchasing or using the Software.
• "Software" refers to the SmileCare Dental Clinic Management System, including all source code, database migrations, documentation, and associated files.
• "Deployment" refers to a single domain or subdomain where the Software is installed and accessible.
• "Site" refers to the SmileCare marketing website at smilecareapp.com.

2.Use of the Website

You may use the Site for informational purposes, requesting demos, and contacting us. You agree not to:

• Use the Site in any way that violates applicable laws or regulations
• Attempt to gain unauthorized access to any part of the Site
• Scrape, copy, or reproduce Site content without permission
• Submit false or misleading information through contact forms
• Introduce malware, viruses, or harmful code to the Site

We reserve the right to restrict or terminate access to the Site at our discretion.

3.Software License

3.1 License Grant

Subject to your compliance with these Terms and the LICENSE file included with the Software, we grant you a non-exclusive, non-transferable, revocable license to install and use the Software on a single Deployment for your own internal business operations or for the internal operations of a single client.

3.2 Permitted Uses

You may:

• Install and run the Software on a single domain or subdomain
• Modify, adapt, and customize the Software for use within that Deployment
• Access and modify the source code for maintenance and customization
• Create database migrations and schema modifications for your own use

3.3 Restrictions

You may NOT:

• Resell, sublicense, redistribute, or repackage the Software as a standalone product
• Transfer or assign this license to another party without written consent
• Use the Software on more than one domain or subdomain without purchasing additional licenses
• Remove copyright notices, license keys, or attribution notices
• Use the Software to create a competing product or service
• Share, publish, or distribute the source code publicly

3.4 Multi-Client / Agency Use

If you are an agency or developer deploying the Software for multiple clients, you must purchase a separate license for each client Deployment. Each domain or subdomain where the Software is accessible requires its own license.

4.Intellectual Property

The Software is licensed, not sold. We retain all right, title, and interest in and to the Software, including all intellectual property rights. You retain ownership of custom modifications you make for your own Deployment, but such modifications remain subject to these Terms. These Terms do not grant you any rights to our trademarks, service marks, or trade names.

5.Data and Privacy

5.1 Your Responsibility for Patient Data

You are solely responsible for any patient, staff, or clinic data you collect, store, or process using the Software. SmileCare does not host, transmit, or store patient data on your behalf — all data is stored in your own Supabase instance or self-hosted database.

5.2 Regulatory Compliance

You must comply with all applicable data protection and healthcare privacy laws, including but not limited to:

• HIPAA (Health Insurance Portability and Accountability Act) — for US-based clinics handling Protected Health Information
• GDPR (General Data Protection Regulation) — for clinics serving EU residents
• PIPEDA (Personal Information Protection and Electronic Documents Act) — for Canadian clinics
• Any other applicable federal, state, or local privacy regulations

You are responsible for establishing Business Associate Agreements (BAAs) with your hosting providers as required, implementing appropriate administrative and technical safeguards, and conducting risk assessments.

5.3 Security Configuration

You are responsible for configuring and maintaining the security of your Deployment, including:

• Database access controls and Row Level Security policies
• SSL/TLS certificates for encrypted data transmission
• Regular database backups and disaster recovery procedures
• Strong password policies and user access management
• Software updates and security patches

6.Payments and Refunds

6.1 License Fees

License fees are determined at the point of sale and are subject to change. Payment terms are specified at the time of purchase. All fees are non-refundable.

6.2 Refund Policy

Refund eligibility is determined at our sole discretion and may be subject to separate terms provided at the point of sale. Once a paid subscription has started, cancellation of the subscription does not entitle the Customer to a refund for the remaining portion of the current billing period. The Customer will continue to have access to the applicable paid features until the end of the current billing period, even if not used.

Temporary interruptions, maintenance, technical problems, or dissatisfaction with particular features do not automatically create a right to a refund. SmileCare will make reasonable efforts to investigate legitimate service issues and provide appropriate assistance ASAP. Customers may cancel their subscription according to the cancellation procedure provided by SmileCare. Cancellation prevents future recurring charges but does not automatically result in a refund of amounts already paid.

7.Updates and Support

7.1 Updates

We may, at our discretion, release updates, patches, or new versions of the Software. Updates are licensed under the same terms as the original Software. We are not obligated to provide updates but may choose to do so.

7.2 Support

Support is provided at our discretion and may be subject to separate support agreements or fees. The Software includes comprehensive documentation (installation guide, deployment guide, user manual, and programmer manual) to facilitate self-service setup and customization.

8.Disclaimer of Warranties

The Software is provided "AS IS" without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Software will operate error-free or uninterrupted, or that it will meet your specific requirements. You are solely responsible for determining the suitability of the Software for your use and assume all risks associated with its use.

9.Limitation of Liability

To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of profits, data loss, or business interruption. Our total liability under these Terms shall not exceed the amount paid by you for the Software license. You acknowledge that the Software handles sensitive healthcare data and that you are solely responsible for implementing appropriate safeguards, backups, and compliance measures.

10.Indemnification

You agree to indemnify and hold harmless SmileCare and its affiliates from any claims, damages, liabilities, costs, or expenses (including legal fees) arising from your use of the Software, your violation of these Terms, or your violation of any applicable law or third-party rights, including patient privacy rights.

11.Termination

We may terminate this license immediately if you breach any term of these Terms. Upon termination, you must cease all use of the Software and destroy all copies in your possession or control. Termination does not affect any rights or obligations that accrued prior to termination.

12.Third-Party Dependencies

The Software uses open-source libraries and third-party services (including Supabase, React, Vite, and Tailwind CSS). These dependencies are governed by their respective licenses and terms. You are responsible for complying with the terms of any third-party dependencies you use in your Deployment.

13.Governing Law

These Terms shall be governed by the laws of the jurisdiction in which SmileCare operates, without regard to conflict of law principles. Any disputes arising under these Terms shall be resolved in the courts of that jurisdiction.

14.Changes to These Terms

We may update these Terms from time to time. The "Last updated" date at the top of this page reflects the most recent revision. Material changes will be posted on the Site. Continued use of the Site or Software after changes constitutes acceptance of the updated Terms.

15.Entire Agreement

These Terms, together with the LICENSE file included with the Software, constitute the entire agreement between the parties regarding the Software and supersede all prior agreements and understandings, whether oral or written.

16.Contact

If you have questions about these Terms, contact us:

• Email: sales@smilecareapp.com
• Website: smilecareapp.com