Terms of Service

1. Who we are, and who these Terms apply to

Smyly is operated by DDS Web Solutions ("Smyly", "we", "us", "our"). You can reach us at hello@smyly.ai.

These Terms of Service (the "Terms") are a binding agreement between you and us. They are the "Terms of Use" referred to at signup and in the Master Services Agreement. They apply to everyone who visits or uses smyly.ai, any of its subdomains or pages, any practice-branded page, embed, widget, share code, hosted asset, email, print material, or application programming interface we provide, and any content we make available through any of them (together, the "Service"). That includes you whether you are a visitor reading the site, a person creating a preview, a practice or a member of its staff, a marketing partner, a sponsoring organization, or a developer or business looking at how the Service works.

By accessing or using any part of the Service you agree to these Terms. If you do not agree, do not use the Service. If you access the Service on behalf of a practice, company, or other organization, you agree on its behalf as well as your own, and you confirm you are authorized to do that.

Practices that subscribe to Smyly are additionally bound by the Master Services Agreement they accepted at signup, and marketing partners and sponsoring organizations by the agreements they accepted. Where one of those agreements and these Terms conflict, that agreement governs that party's use of the Service. Nothing in any of those agreements reduces the protections in Sections 8 through 14 of these Terms, which apply to everyone.

2. You must be 18 or older

Smyly is for adults. By using it you confirm you are at least 18 years old. You may not use the Service if we have previously suspended or removed your access.

3. What Smyly actually is

Smyly turns a photograph of your smile into an AI-generated visualization of what a cosmetic dental or facial esthetic treatment might look like. It is a conversation starter and an educational tool. That is all it is.

Smyly does not:

• diagnose any dental or medical condition;
• tell you whether a treatment is appropriate, safe, or possible for you;
• replace an examination by a licensed dentist or other qualified provider;
• guarantee that any result shown can be achieved.

Never delay seeking dental or medical care, and never make a treatment decision, based on what Smyly shows you. Talk to your dentist or licensed provider.

4. Your photo

Upload only a photograph of yourself. Do not upload a photograph of anyone else unless they are an adult and have agreed to it. Do not upload anything unlawful, or anything that infringes someone else's rights. By uploading a photo you confirm that you own it or have every permission you need to use it as described here, and that our use of it under these Terms will not violate anyone's rights.

You keep ownership of your photo. You grant us only the narrow permission we need to generate your preview and show it to you. Your preview expires 24 hours after you create it, and the image files are then permanently deleted. We do not use them to train AI models, and we do not sell or share them. See our Privacy Policy.

5. Your preview, and what you may do with it

Your preview is made from your photo, for you. You may keep it and share it for your own personal, non-commercial purposes: showing it to your family, your dentist or provider, or posting it on your own social media.

You may not:

• sell, license, rent, or commercially redistribute a preview, or use it to advertise or promote any product, service, or business, without our written permission;
• present a preview as a real photograph, a real clinical result, or an actual before and after;
• supply previews to any business other than a practice you have personally chosen to share your preview with;
• use previews, alone or in bulk, to build any collection, dataset, catalog, portfolio, or demonstration of what Smyly produces.

The technology that made your preview, including the prompts, templates, model configurations, captions, watermarks, layouts, and interface used to produce and present it, is ours and stays ours.

6. Sharing with your provider

If you generate a share code and read it to your dentist or provider, you are choosing to show them your preview. That is your decision. A practice cannot browse, search, or retrieve previews on its own, and we never send your preview to a practice unless you ask us to.

7. Acceptable use

When you use the Service you agree that you will not:

• try to break, overload, disrupt, or interfere with the Service, its servers, or its networks;
• use automated tools to generate previews in bulk, or to create a preview library;
• use Smyly to impersonate anyone, or to create misleading, deceptive, or harmful images of another person;
• upload content that is unlawful, that you do not have the right to upload, or that infringes anyone's rights;
• attempt to access accounts, practice pages, dashboards, share codes, or data that are not yours, or probe, scan, or test the Service for vulnerabilities without our written authorization;
• circumvent or disable any rate limit, expiry, access control, gating, watermark, or other technical measure in the Service;
• use the Service in any way that violates the law, or that violates Sections 8 through 14 below.

We rate limit the Service and may suspend access that looks abusive.

8. Our intellectual property

The Service, and everything in it, is ours. That includes the software and its source and object code; the application design, user interface, and look and feel; page layouts; all text and copy; graphics, logos, and icons; photographs; the demonstration and sample images, including every before and after pair; videos and animations; audio; the print, poster, flyer, and marketing templates and the welcome kit; the treatment catalog and its descriptions; the prompts, prompt templates, model configurations, and workflows that produce previews; methods and processes; data, compilations, selections, and arrangements; documentation; and every update, improvement, and derivative of any of them (together, "Smyly Content"). Smyly Content is owned by DDS Web Solutions and its licensors and is protected by United States and international copyright, trademark, trade secret, trade dress, unfair competition, and other intellectual property laws.

All rights not expressly granted to you in these Terms are reserved. No right or license is granted by implication, estoppel, or otherwise. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for its intended purpose only: as a visitor, to read the site; as a person creating a preview, to create and view your own preview; and as a practice or partner, as set out in your agreement with us. Using the Service does not give you ownership of any part of it or of any Smyly Content.

The sample images and demonstration previews on this site are our property. They are not stock imagery and they are not free to reuse. Copying them onto another website, into an advertisement, a presentation, a pitch, a listing, or a training set is an infringement.

Sections 8 through 14 are referred to together as the "IP Terms".

9. Our trademarks and brand

SMYLY, the Smyly logo, the tagline "Design your best smile", the name smyly.ai, and our other product and feature names, logos, slogans, and the distinctive look and feel of the Service (our trade dress) are trademarks, service marks, and trade dress of DDS Web Solutions, whether or not they are registered (together, the "Smyly Marks"). Nothing in these Terms or on the Service grants you any right to use a Smyly Mark.

Without our prior written permission you may not:

• use any Smyly Mark, or anything confusingly similar to one, as or in a business name, product or service name, app name, domain name, subdomain, social media handle, page name, hashtag campaign, or email address;
• use any Smyly Mark in advertising, on packaging, in metadata, or as a search advertising keyword in a way that is likely to cause confusion about who is behind a product or service;
• use any Smyly Mark in a way that suggests we sponsor, endorse, or are affiliated with you or your product, or that disparages us;
• alter, animate, recolor, crop, combine with other marks, or otherwise modify any Smyly logo, or use it as a generic term;
• register, apply to register, or claim any Smyly Mark, or anything confusingly similar, anywhere in the world;
• copy the design, layout, color scheme, iconography, wording, or user experience of the Service in a way that makes another product look or feel like Smyly.

Practices that subscribe to Smyly receive a limited license to display the artwork, QR codes, and materials we supply, for the term of their subscription, solely to promote their own practice, as set out in the Master Services Agreement. That license ends when the subscription ends.

Treatment, product, and brand names on the Service that belong to other companies are the trademarks of their respective owners. We use them only to identify treatments a practice may offer. Their appearance does not mean those owners are affiliated with, sponsor, or endorse Smyly, or that we are affiliated with, sponsor, or endorse them.

10. No copying, scraping, reverse engineering, or AI training

Except as these Terms expressly allow, you may not, and may not help or allow anyone else to:

• copy, reproduce, modify, adapt, translate, create derivative works from, distribute, publicly display, publish, sublicense, sell, rent, lease, lend, or otherwise exploit any part of the Service or any Smyly Content;
• reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, prompts, prompt templates, model configurations, or structure of any part of the Service, including by asking the Service or its underlying models to reveal their instructions, or by any other prompt-extraction technique;
• use any robot, spider, crawler, scraper, headless browser, script, or other automated means to access, harvest, index, monitor, extract, or copy any part of the Service or any Smyly Content, or to bypass any measure we use to limit automated access;
• use the Service, any Smyly Content, or any preview or other output of the Service to train, fine-tune, evaluate, benchmark, ground, or otherwise develop any machine learning or artificial intelligence model, or to build any dataset, without our prior written consent;
• use the Service or any Smyly Content to develop, train, improve, benchmark, or market a product or service that competes with Smyly, or to build a product or service that copies or substantially reproduces the features, functionality, workflow, or user experience of the Service;
• frame, mirror, wrap, proxy, or deep link into any part of the Service, or embed it anywhere, except through the embed tools we provide to licensed practices and only as those tools permit;
• remove, obscure, or alter any copyright, trademark, watermark, caption, disclosure, or other proprietary notice on any part of the Service or on any Smyly Content;
• access the Service through any interface other than the ones we provide, or use the Service to offer any of its features to third parties as a service bureau, on a time-share basis, or otherwise;
• collect or store information about other users of the Service, or about the practices that use it, from the Service.

If you build, operate, invest in, or work for a product or service that competes with Smyly, you may not access the Service to study, benchmark, test, or copy it without our prior written consent.

We publish machine-readable signals, including in our robots.txt file, reserving our rights against the use of the Service and Smyly Content for artificial intelligence training. Those signals give notice of this Section; they do not narrow it, and the absence of a signal on any page is not a license.

11. Embeds, widgets, and practice pages

Embed code, widgets, banners, hosted logos, email signature markup, practice-branded pages, and QR codes are licensed, not sold. They are licensed only to the practice whose account generated them, only for the term of that practice's subscription, and only for websites, channels, and materials that practice controls. They may not be modified, and their branding, captions, and simulation disclosures may not be removed or hidden.

Anyone else who copies embed code onto a website, points an embed at a practice that did not generate it, republishes a practice page, or alters an embed is infringing our rights and breaching these Terms, and we may disable the embed, the page, and the codes involved without notice.

12. Confidential information and trade secrets

Parts of the Service are not public. Our dashboards, marketing tools, and administrative screens; features labeled beta, preview, or early access; pricing or terms offered to you privately; our prompts, prompt templates, and model configurations, and any output that reveals them; the technical details of how previews are produced; and anything we mark or describe as confidential are our confidential information and, where they qualify, our trade secrets under the Defend Trade Secrets Act and the California Uniform Trade Secrets Act.

If you receive access to any of it, you agree to keep it confidential, not to disclose it to anyone outside your organization who does not need it to use the Service, and not to use it for any purpose other than using the Service as these Terms allow. This obligation continues after you stop using the Service.

Features labeled beta, preview, or early access are provided for evaluation. They may be incomplete, may change, and may be withdrawn at any time.

13. Feedback and ideas

We like hearing from users. If you send us ideas, suggestions, feature requests, bug reports, or other feedback about the Service ("Feedback"), you agree that we may use it freely, for any purpose, without payment, attribution, or any obligation to you. You grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid, transferable, and sublicensable license to use, copy, modify, build on, and commercialize your Feedback, and to the extent the law allows you assign to us any rights you have in it. Feedback is not confidential, and we may already be working on something similar to what you suggest. Do not send us Feedback you want to keep or be paid for.

14. Copyright complaints

We respect the intellectual property of others and expect users of the Service to do the same. If you believe that material on the Service infringes your copyright, send a notice under the Digital Millennium Copyright Act to our copyright agent at hello@smyly.ai with the subject line "Copyright notice". Your notice must include:

• your physical or electronic signature;
• identification of the copyrighted work you claim has been infringed;
• identification of the material you claim is infringing, with enough detail, such as its URL, for us to find it;
• your name, mailing address, telephone number, and email address;
• a statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law;
• a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act for the owner.

We will remove or disable access to material that a valid notice identifies, and we may notify the person who posted it. If you believe material you posted was removed by mistake, you may send us a counter-notice containing the information required by 17 U.S.C. §512(g). We terminate the access of users who repeatedly infringe the rights of others. Knowingly sending a false notice or counter-notice may make you liable for damages under 17 U.S.C. §512(f).

15. For practices, teams, partners, and sponsoring organizations

If your practice subscribes to Smyly, you are buying a patient-facing marketing and education tool. Smyly is not a clinical or records system. We do not create, receive, maintain, or transmit patient records on your behalf, and we are not your HIPAA business associate.

Previews are initiated by patients, on the patient's own device. Practice staff must not capture, upload, or submit a patient's photograph to Smyly on the patient's behalf, and must not use Smyly as a place to store clinical information. If you need to record a treatment plan, record it in your practice management system.

Every team member you invite to your account is bound by these Terms when they use it, and you are responsible for their compliance. Marketing partners, referral participants, and sponsoring organizations are bound by these Terms in addition to the agreements they accepted with us.

Subscriptions renew automatically until canceled. You may cancel at any time, and cancellation takes effect at the end of your current billing period. Fees already paid are not refundable except where the law requires it. If a payment fails, we may suspend your practice's branded page and lead delivery until the payment clears.

16. Enforcement, suspension, and termination

We may investigate any suspected breach of these Terms and take any action we consider appropriate, including warning you, suspending or terminating your access, revoking share codes, disabling embeds and practice pages, blocking network addresses, and reporting conduct to law enforcement. We may do any of this without notice where we judge it necessary to protect the Service, its users, or our rights. You may stop using the Service at any time.

You agree that a breach of the IP Terms would cause us harm that money alone could not repair, and that we may seek an injunction or other equitable relief in any court of competent jurisdiction, in addition to every other remedy available to us, without having to prove actual damages and, to the extent the law allows, without posting a bond. In any action to enforce the IP Terms, the prevailing party may recover its reasonable attorneys' fees and costs.

Sections 4, 5, 8 through 14, and 16 through 21 survive any suspension or termination of your access, and any ending of these Terms, for as long as the law allows.

17. No warranties

Smyly is provided "as is" and "as available". AI image generation is imperfect and unpredictable. We do not warrant that a preview will be accurate, realistic, achievable, or free of error, that the Service will be uninterrupted, secure, or error-free, or that the Service or any Smyly Content will meet your requirements. To the fullest extent the law allows, we disclaim all warranties, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, and non-infringement. Nothing we say, in the Service or anywhere else, creates a warranty unless it is written into these Terms or an agreement you have signed with us.

18. Limitation of liability

To the maximum extent permitted by law, DDS Web Solutions is not liable for any indirect, incidental, special, or consequential damages, or for any dental or medical decision made in reliance on a preview. Our total liability to you is limited to the amount you paid us in the twelve months before the claim, and for patients, who pay us nothing, that amount is zero. Nothing here limits liability that cannot lawfully be limited.

19. Indemnification

You agree to defend, indemnify, and hold harmless DDS Web Solutions and its owners, officers, employees, contractors, and agents from any claim, demand, loss, liability, damage, or expense, including reasonable attorneys' fees, that arises from your breach of these Terms, your violation of any law or of anyone's rights, any photograph or other material you upload, or your use of the Service or of any preview. We may take over the defense of any matter you are required to indemnify, in which case you will cooperate with us.

20. Governing law and where disputes go

These Terms, and any dispute arising out of or relating to them or to the Service, are governed by the laws of the State of California, without regard to its conflict of laws rules. The state and federal courts located in Sacramento County, California have exclusive jurisdiction, and you consent to personal jurisdiction and venue there and waive any objection to them. As an exception, we may bring an action to protect the IP Terms or our confidential information in any court that has jurisdiction over you or over the conduct at issue.

21. General terms

• Entire agreement. These Terms, together with the Privacy Policy and any agreement you have accepted with us, are the entire agreement between you and us about the Service, and replace any earlier understanding.
• Severability. If any part of these Terms is held unenforceable, that part will be enforced to the maximum extent the law allows and the rest stays in force.
• No waiver. If we do not enforce a provision, we have not waived it, and we may enforce it later.
• Assignment. You may not assign or transfer these Terms or any right under them. We may assign them, including to a successor in a merger, acquisition, reorganization, or sale of assets.
• Notices. We may give you notice by email to the address on your account, by posting on the Service, or by any other reasonable means. Notices to us go to hello@smyly.ai.
• No third-party rights. Except for our licensors and the people we indemnify under Section 19, no one other than you and us has any right under these Terms.
• Interpretation. Headings are for convenience only. "Including" means "including without limitation". These Terms will not be construed against us because we drafted them.
• Changes to the Service. We may change, suspend, or discontinue any part of the Service at any time. Where we can, we will give practices reasonable notice of changes that materially reduce what they receive.
• Third parties. The Service may link to or rely on third-party sites and services we do not control. We are not responsible for them.

22. Changes to these Terms

We may update these Terms. If we do, we will update the date at the top of this page, and if the change is significant we will do more than that to tell you. Continuing to use Smyly after a change means you accept it.

23. Contact

Questions about these Terms, requests for permission to use a Smyly Mark or any Smyly Content, and reports of copying or misuse: hello@smyly.ai.