Terms of Service
Last updated: May 4, 2026
Welcome to Smile. These Terms of Service ("Terms") govern your access to and use of the Smile mobile application (the "App") and the Smile website (the "Site"), together the "Services," operated by Smile ("we", "us", or "our"). By downloading, installing, or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.
1. Eligibility
You must be at least 13 years old to use the Services. By using the Services, you represent and warrant that you meet this requirement and have the legal capacity to enter into these Terms. If you are between 13 and the age of majority in your jurisdiction, you confirm that a parent or guardian has reviewed and agreed to these Terms on your behalf.
2. License to Use the App
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download and use the App on Apple devices you own or control, solely for your personal, non-commercial use. All rights not expressly granted are reserved by us.
3. Subscriptions, Trials, and Billing
The App offers paid subscriptions to access its core features. By starting a subscription or free trial, you agree to the following:
- Free trial: A 3-day free trial may be offered for the yearly plan. If you do not cancel before the trial ends, you will be charged the applicable subscription fee.
- Plans and pricing: Available plans and prices are shown in the App at the time of purchase. Prices may include $29.99 per year, $9.99 per month, or other plans we offer from time to time, including promotional pricing.
- Auto-renewal: Subscriptions automatically renew at the end of each billing period unless cancelled at least 24 hours before the end of the current period. Renewal charges will be made through your Apple ID.
- Cancellation: You can cancel your subscription at any time through your iOS subscription settings or via the "Manage Subscription" link in the App. Cancellation takes effect at the end of the current billing period. We do not offer refunds for partial periods, except where required by law or under Apple's refund policies.
- Price changes: We may change subscription prices. If we do, we will notify you in advance, and the new price will apply at your next renewal.
4. Acceptable Use
You agree not to:
- Use the Services for any unlawful purpose or in violation of any applicable law or regulation;
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the App, except where such restriction is prohibited by law;
- Modify, adapt, or create derivative works of the Services;
- Use any automated means to access or interact with the Services in a manner that places excessive load on our infrastructure;
- Interfere with or disrupt the integrity or performance of the Services;
- Resell, sublicense, or commercially exploit the Services without our prior written consent;
- Share your account credentials with others or use the Services on behalf of another person without authorization.
5. Content and Health Disclaimer
The App provides audio content including fun facts, vocabulary, news summaries, motivational content, and horoscopes. This content is provided for entertainment and personalization purposes only. News content is sourced from third-party providers; we do not guarantee its accuracy or completeness.
Smile is not a medical, dental, or healthcare service. The Smile Scan and Smile Factors are personalization features and are not intended to diagnose, treat, cure, or prevent any condition. They should not be used as a substitute for professional dental advice. Always consult a qualified healthcare provider with any questions about your health.
6. User-Generated Content
When you provide content to the App (such as your name, smile scan image, or commitment signature), you grant us a limited license to store and use that content to provide the Services to you. You retain ownership of your content. You represent that you have the right to provide any content you submit and that it does not violate any third party's rights.
7. Intellectual Property
The Services, including all content, features, designs, logos, trademarks, audio recordings, and underlying technology, are owned by us or our licensors and are protected by copyright, trademark, and other intellectual property laws. These Terms do not transfer any ownership rights to you.
8. Third-Party Services and App Stores
The App is distributed through the Apple App Store. Your use of the App is also subject to Apple's terms and conditions. The App relies on third-party services including Supabase, RevenueCat, ElevenLabs, Anthropic, PostHog, and NewsAPI.ai. We are not responsible for the practices of third-party services or websites linked from the Services.
You acknowledge that these Terms are between you and Smile, not between you and Apple. Apple is not responsible for the App or its content. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App.
9. Disclaimers
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING UNDER THESE TERMS WILL NOT EXCEED THE GREATER OF (a) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRIOR TO THE CLAIM OR (b) ONE HUNDRED U.S. DOLLARS ($100).
11. Indemnification
You agree to indemnify, defend, and hold us harmless from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Services or your violation of these Terms.
12. Termination
We may suspend or terminate your access to the Services at any time, with or without notice, for any reason, including if we believe you have violated these Terms. You may terminate your use at any time by deleting your account from the Profile tab. Upon termination, the license granted to you under these Terms will immediately end, and you must cease all use of the Services. Sections that by their nature should survive termination will survive.
13. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of YOUR_STATE, United States, without regard to conflict-of-laws principles. Any disputes arising under or in connection with these Terms shall be resolved in the state or federal courts located in YOUR_COUNTY, YOUR_STATE, and you consent to the personal jurisdiction of those courts.
14. Changes to These Terms
We may update these Terms from time to time. When we do, we will revise the "Last updated" date above. Continued use of the Services after changes become effective constitutes acceptance of the revised Terms.
15. Contact
Questions about these Terms? Reach us at CONTACT_EMAIL_HERE.
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