Terms of Service
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These Terms of Service ("Terms") govern your access to and use of the SmileCraft AI website (smilecraft.app), web application (app.smilecraft.app), and Enterprise API (collectively, the "Services"), operated by Alborz Solutions LLC ("SmileCraft," "we," or "us"). By creating an account or using the Services, you agree to these Terms.
1. Description of Service
SmileCraft AI provides AI-powered dental smile simulation software for use by dental professionals, their staff, and authorized enterprise partners. The Services generate visual previews of potential cosmetic dental outcomes based on submitted photographs.
2. Eligibility and Accounts
The Services are intended for dental professionals, their authorized staff, and enterprise software partners. You must be at least 18 years old and legally authorized to enter into binding contracts. You are responsible for maintaining the security of your account credentials and for all activity under your account. Notify us immediately of any unauthorized access.
3. Credits, Subscriptions, and Billing
Access to simulation features requires credits or an active subscription plan as described on our Pricing page. Credits are consumed at the time a simulation job is submitted. Credits are non-refundable except as required by applicable law. Subscription fees are billed in advance on a monthly or annual basis. Unused credits within a billing period do not roll over unless expressly stated in your plan. We reserve the right to change pricing with at least 30 days' notice to existing subscribers.
Enterprise API pricing is negotiated per contract. Sandbox keys are provided at no charge for integration development purposes; sandbox usage does not guarantee future pricing terms.
4. Acceptable Use
You agree not to:
- Submit photographs of individuals without their informed consent (or, for minors, the consent of a parent or guardian).
- Use the Services to generate or distribute deceptive, misleading, or fraudulent content.
- Reverse-engineer, decompile, or attempt to extract the underlying AI models or infrastructure.
- Use the Services in a manner that violates HIPAA or other applicable privacy or health data laws.
- Share API keys with unauthorized parties or embed keys in client-side code.
- Conduct load tests or automated bulk jobs beyond the rate limits set for your plan without prior written approval.
- Use the Services for any unlawful purpose or in violation of these Terms.
5. Patient Data and HIPAA
If you submit Protected Health Information (PHI) as defined under HIPAA, you represent that you have obtained all required patient authorizations and that you have executed a Business Associate Agreement (BAA) with SmileCraft prior to submission. Uploading PHI without a signed BAA is a violation of these Terms and applicable law.
6. Intellectual Property
Your content: You retain ownership of photos and data you upload. By submitting content, you grant SmileCraft a limited, non-exclusive license to process it solely to provide the requested Services.
Our content: The SmileCraft platform, brand, AI models, and simulation outputs (other than your input photos) are owned by or licensed to SmileCraft. You may use simulation results for clinical, patient-communication, and marketing purposes consistent with applicable law, but may not represent AI-generated simulations as photographs of actual treatment outcomes.
7. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT SIMULATIONS WILL BE ACCURATE, COMPLETE, OR SUITABLE FOR ANY CLINICAL DETERMINATION. USE OF SIMULATION RESULTS IS AT YOUR SOLE PROFESSIONAL DISCRETION AND RISK.
8. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SMILECRAFT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES. OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS ($100).
9. Indemnification
You agree to indemnify, defend, and hold harmless SmileCraft and its affiliates from and against any claims, liabilities, damages, and expenses (including reasonable attorneys' fees) arising from (a) your use of the Services, (b) your violation of these Terms, (c) your violation of any applicable law or regulation, or (d) your infringement of any third-party rights, including HIPAA obligations related to patient data you submit.
10. Termination
We may suspend or terminate your access at any time for violation of these Terms, non-payment, or for any other reason with reasonable notice. Upon termination, your right to access the Services ceases immediately. Prepaid subscription fees for unused periods may be refunded at our discretion or as required by law. You may cancel your account at any time through the account settings or by contacting support@smilecraft.app.
11. Changes to These Terms
We may update these Terms from time to time. Material changes will be communicated by email or prominent notice at least 14 days before taking effect. Continued use after the effective date constitutes acceptance of the revised Terms.
12. Governing Law and Disputes
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict-of-law principles. Any dispute shall be resolved in the state or federal courts located in the State of Delaware, and you consent to personal jurisdiction in those courts.
13. Contact
support@smilecraft.app · +1 949 283 2327
Alborz Solutions LLC · c/o Harvard Business Services, Inc., 16192 Coastal Hwy, Lewes, DE 19958