TERMS AND CONDITIONS

Last Updated: February 27, 2025

INTRODUCTION

Welcome to Smile Society Orthodontics. Please read these Terms and Conditions (“Terms”) carefully before using our website (www.smilesocietyortho.com), mobile application, and related services (collectively, the “Service”) provided by Smile Society Orthodontics LTD (“SSO,” “the Company,” “we,” “us,” or “our”).

By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree with any part of these Terms, please do not use the Service.

These Terms constitute a legally binding agreement between you and the Company regarding your use of the Service and supersede all prior agreements and understandings.

1. INTERPRETATION AND DEFINITIONS

1.1 Interpretation

Words with capitalized initial letters have specific meanings defined below. These definitions apply whether used in singular or plural form.

1.2 Definitions

For the purposes of these Terms:

Application: The software program provided by the Company, including the Smile Society Orthodontics mobile app available through the Apple App Store or Google Play Store.
Application Store: The digital distribution service operated by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) where the Application is available.
Affiliate: An entity that controls, is controlled by, or is under common control with a party, where “control” means ownership of 50% or more of the voting securities or other equity interests.
Company: Smile Society Orthodontics LTD, located at 1328 N. Milwaukee Ave, Chicago, IL 60622.
Content: Any information, data, text, software, images, graphics, videos, messages, or other materials that can be accessed through the Service.
Country: Illinois, United States.
Device: Any device—such as a computer, cellphone, or tablet—that can access the Service.
Intellectual Property: All content including text, images, logos, designs, trademarks, patents, copyrights, trade secrets, and other proprietary materials appearing on the Service.
Patient: A user registered for orthodontic treatment with SSO.
Referring Doctor: A healthcare professional with an account on the Service designated for referrals.
Service: The website, mobile application, patient and referring doctor portals, and related services provided by SSO.
Service Provider: Any third-party entity engaged by the Company to facilitate or support the Service.
Subscription: The recurring payment arrangement for access to specific features or services.
Third-Party Social Media Service: Any services or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available via the Service.
Terms and Conditions (or “Terms”): These Terms, which constitute the entire agreement between you and the Company regarding your use of the Service.
User/You: Any individual or entity accessing or using the Service.

2. ACKNOWLEDGMENT

These Terms govern your use of the Service and form a binding agreement between you and the Company. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms.

By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you disagree with any part of these Terms, you must not use the Service.

You acknowledge that:

You have read and understand these Terms
You have the legal capacity to enter into this agreement
Your use of the Service will comply with all applicable laws and regulations
You are responsible for ensuring compliance with these Terms by anyone who accesses the Service through your account

3. ELIGIBILITY

3.1 Age Requirements

You represent and warrant that you are either:

At least 18 years old; or
If under 18, you have obtained the necessary parental or guardian consent to use the Service (and, where applicable, to create an account or make purchases).

Note: In jurisdictions where the minimum age for certain activities is lower than 18, parental consent is required for users under the age specified by local law.

3.2 Capacity to Contract

You represent that you have the legal capacity to enter into binding contracts under the laws of your jurisdiction.

3.3 Geographic Restrictions

The Service is primarily intended for users located in the United States. While we do not prohibit access from other locations, you are responsible for complying with local laws that may restrict or prohibit your use of the Service.

4. USER ACCOUNTS

4.1 Account Creation

To access certain features of the Service (including patient and referring doctor portals, content uploads, and purchases), you may be required to create an account. In connection with your account:

You agree to provide accurate, current, and complete information during the registration process.
You are responsible for maintaining the confidentiality of your login credentials.
You are responsible for all activities that occur under your account.
You must promptly notify us at security@SmileSocietyOrtho.com of any unauthorized use of your account or any other breach of security.
You agree to log out from your account at the end of each session, especially when using a public or shared computer.

4.2 Account Types

The Service offers different types of accounts, including:

Patient Account: For individuals receiving or considering orthodontic care from SSO.
Referring Doctor Account: For healthcare professionals who refer patients to SSO.
Guardian Account: For parents or legal guardians managing a minor’s treatment.
Staff Account: For SSO employees and authorized personnel.

Each account type has different permissions, features, and responsibilities as detailed in the specific terms provided during account creation.

4.3 Account Termination

We reserve the right to suspend, disable, or delete your account at any time and for any reason, including but not limited to:

Violation of these Terms
Suspected fraudulent, abusive, or illegal activity
Extended periods of inactivity
As required by applicable law, regulation, or court order

You may request to close your account by contacting us at accounts@SmileSocietyOrtho.com. Upon account closure:

You will lose access to all account-related features and data
Certain information may be retained as required by law or for legitimate business purposes
These Terms will continue to apply to any remaining obligations

5. SERVICES AND PURCHASES

5.1 Services

SSO provides a range of services including:

Clinical Services: Orthodontic consultations, treatments, and related healthcare services.
Digital Services: Access to patient and referring doctor portals, appointment scheduling, treatment tracking, and virtual consultations.
Educational Resources: Information about orthodontic procedures, oral health, and treatment options.
E-commerce: Purchase of oral health products, accessories, and payment for services.

The Service is not intended for emergency use. In an emergency, please contact your local emergency services immediately.

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice.

5.2 Purchases

You may purchase goods or services through the Service, subject to the following terms:

Payment for treatments or merchandise is processed securely via third-party payment processors (such as Stripe, Affirm, or Clover).
All prices are stated in US Dollars unless otherwise specified.
Applicable taxes will be calculated and added at checkout.
Billing will occur at the time of service or according to agreed payment schedules.
The Company reserves the right to refuse or cancel orders in the event of errors, suspected fraud, or violations of these Terms.
Digital receipts will be provided for all transactions.
Refunds, if applicable, are issued at the Company’s sole discretion in accordance with our Refund Policy available at www.smilesocietyortho.com/refund-policy.

5.3 Treatment Services

For orthodontic treatment services:

All treatment plans are subject to a professional assessment of your oral health.
The success of treatment depends on your compliance with instructions and attendance at scheduled appointments.
Treatment durations are estimates and may vary based on individual circumstances.
In-person appointments may be required even if virtual consultations are offered.
Treatment plans may need to be modified based on your progress or changing oral health conditions.

5.4 Subscriptions

For any subscription-based services:

You authorize us to charge the applicable recurring fees to your designated payment method.
Subscriptions will automatically renew for successive periods until canceled.
You may cancel your subscription at any time through your account settings or by contacting us at billing@SmileSocietyOrtho.com.
Cancellation will take effect at the end of your current billing cycle.
No refunds will be provided for partial subscription periods unless required by law.

6. PAYMENT TERMS

6.1 Payment Methods

Payments can be made using accepted methods such as:

Credit or debit cards (Visa, Mastercard, American Express, Discover)
Digital payment platforms (Apple Pay, Google Pay)
Healthcare financing options (Affirm, CareCredit)
Health Savings Accounts (HSA) and Flexible Spending Accounts (FSA)
Insurance billing (for eligible services)

You agree to provide current, complete, and accurate payment information.

6.2 Fees and Charges

Any fees, charges, or taxes incurred in connection with your use of the Service will be communicated to you prior to purchase.

We reserve the right to modify our pricing at any time. Any price changes will be communicated in advance and will apply to future purchases or billing cycles.

6.3 Billing and Collections

For orthodontic treatment, payment plans may be available as detailed in your treatment agreement.
Late or failed payments may result in additional fees, account suspension, or termination of services.
Overdue accounts may be referred to collections agencies, which may affect your credit rating.
You are responsible for all collection costs, including legal fees, incurred in collecting overdue amounts.

6.4 Insurance

For services eligible for insurance coverage:

We may bill your insurance provider directly as a courtesy, but this does not guarantee payment.
You remain ultimately responsible for all charges not covered by insurance.
You are responsible for providing accurate insurance information and updating us promptly of any changes.
We recommend verifying your coverage with your insurance provider before beginning treatment.

7. INTELLECTUAL PROPERTY

7.1 Ownership

All content, logos, designs, trademarks, and other intellectual property displayed on the Service are the exclusive property of SSO or its licensors.

7.2 License to Use

You are granted a limited, non-exclusive, revocable license to access and use the Service for your personal, non-commercial use. This license does not include:

The right to commercially exploit any content
The right to modify or create derivative works
The right to use data mining, robots, or similar data gathering tools
The right to download or copy account information
The right to frame or utilize framing techniques
Any implied licenses except as expressly granted herein

7.3 Restrictions

You may not:

Copy, modify, distribute, or otherwise exploit any content without the Company’s written permission
Remove any copyright, trademark, or other proprietary notices
Transfer the materials to another person or “mirror” the materials on any other server
Use the Service in any manner that could disable, overburden, damage, or impair the site

7.4 Trademark Notice

All SSO trademarks, service marks, trade names, logos, and domain names are the exclusive property of the Company. Nothing in these Terms shall be construed as granting any license to use any trademark without our prior written permission.

8. USER-GENERATED CONTENT

8.1 Content Submission

You may upload or otherwise contribute content (such as text, images, videos, reviews, or testimonials) to the Service.

8.2 License Grant

By uploading content, you grant SSO a worldwide, perpetual, royalty-free, non-exclusive, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, and otherwise exploit your content for operational, promotional, or any other purposes in any media now known or hereafter developed.

8.3 Content Restrictions

You agree not to upload any content that:

Is illegal, obscene, defamatory, threatening, pornographic, harassing, or otherwise objectionable
Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights
Contains software viruses or any other code designed to interrupt or damage the Service
Falsely implies sponsorship, endorsement, or association with SSO
Contains personal or identifying information about another person without their consent
Violates any applicable law, regulation, or these Terms

8.4 Content Monitoring

SSO reserves the right, but not the obligation, to:

Monitor, review, or edit any content
Remove or refuse to post any content that violates these Terms
Take any action regarding user content at our sole discretion

8.5 Non-Confidentiality

Any content you submit is provided on a non-confidential basis. Please do not submit confidential or proprietary information through the Service.

9. FEEDBACK AND SUGGESTIONS

9.1 Ownership

Any feedback, suggestions, ideas, or other information you provide regarding the Service or the Company (“Feedback”) become the property of SSO. We may use such Feedback without any obligation of compensation or attribution.

9.2 Grant of Rights

By providing Feedback, you:

Assign to us all rights, title, and interest in and to the Feedback
Waive any moral rights or similar rights you may have in the Feedback
Agree that we may use the Feedback for any purpose without compensation

10. PROMOTIONS, CONTESTS, AND SWEEPSTAKES

Participation in any promotions, contests, or sweepstakes offered through the Service is subject to additional rules that will be provided at the time of each event. Please review those rules carefully as they form part of these Terms.

Such promotions may be governed by separate terms and conditions which may include eligibility requirements, entry deadlines, prize restrictions, and other relevant provisions.

Any personal information collected during participation will be handled in accordance with our Privacy Policy.

11. PROHIBITED CONDUCT

11.1 General Prohibitions

You agree that you will not, and will not assist or encourage others to:

Use the Service for any unlawful purposes or in violation of these Terms
Upload, post, or otherwise transmit any harmful, offensive, or infringing content
Disrupt, interfere with, or attempt to hack the Service
Misrepresent your identity or impersonate any person or entity
Engage in any activity that could damage, disable, overburden, or impair the Service
Attempt to gain unauthorized access to any part of the Service or systems
Use any automated means to access or use the Service
Circumvent any technological measures implemented to restrict access or use
Use the Service to send unsolicited communications
Attempt to reverse engineer any aspect of the Service

11.2 Healthcare-Specific Prohibitions

As the Service relates to healthcare, you additionally agree not to:

Submit false or misleading medical information
Use the Service to practice medicine or provide medical advice without proper licensing
Share your account credentials with others, which may compromise protected health information
Upload or share protected health information of others without proper authorization
Use any health information obtained through the Service for marketing, advertising, or other commercial purposes

11.3 Consequences of Violations

Violation of these prohibitions may result in:

Immediate termination of your access to the Service
Removal of any content you have posted
Legal action, if appropriate
Reporting to relevant authorities, including healthcare regulatory bodies

12. TERMINATION

12.1 Termination by Company

We reserve the right to terminate or suspend your access to the Service immediately, without prior notice or liability, if you breach these Terms.

Grounds for termination may include, but are not limited to:

Violation of any provision of these Terms
Failure to pay for services
Providing false or misleading information
Using the Service for unauthorized or illegal purposes
Any action that poses a risk to other users or the integrity of the Service

12.2 Termination by User

You may terminate your use of the Service at any time by:

Discontinuing use of the Service
Canceling any subscriptions through your account settings
Requesting account closure by contacting us at accounts@SmileSocietyOrtho.com

12.3 Effects of Termination

Upon termination:

Your right to use the Service will cease immediately
Any data associated with your account may be deleted, subject to our data retention policies and legal obligations
You remain liable for any outstanding amounts owed
Provisions of these Terms that by their nature should survive termination shall remain in effect, including intellectual property, limitation of liability, and dispute resolution

13. LIMITATION OF LIABILITY

13.1 “AS IS” Basis and Disclaimers

The Service is provided on an “AS IS” and “AS AVAILABLE” basis without any warranties, whether express, implied, statutory, or otherwise.

To the fullest extent permitted by law, SSO disclaims all warranties—including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, and those arising from course of dealing or usage of trade.

We do not warrant that:

The Service will be uninterrupted, error-free, or completely secure
Any information obtained through the Service will be accurate or reliable
Defects in the Service will be corrected
The Service will meet your specific requirements or expectations

13.2 Liability Cap

In no event shall the liability of the Company or its suppliers exceed the amount you paid for the Service in the past 12 months, or USD 100 if no payment has been made.

Under no circumstances shall the Company or its suppliers be liable for any indirect, incidental, consequential, special, exemplary, punitive, or other damages, including but not limited to:

Loss of profits, revenue, data, or business opportunities
Business interruption or downtime
Personal injury or property damage
Any other pecuniary or non-pecuniary loss

This limitation applies regardless of the theory of liability (contract, tort, strict liability, or otherwise) and even if the Company has been advised of the possibility of such damages.

13.3 Healthcare Disclaimer

SSO does not guarantee specific treatment outcomes. Results may vary based on individual circumstances, including:

Patient compliance with treatment plans
Individual biological responses to treatment
Pre-existing conditions
Lifestyle factors

The Service is not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a qualified healthcare provider with any questions regarding your health.

13.4 Application of Limitations

Some jurisdictions may not allow the exclusion or limitation of certain warranties or liabilities; in such cases, the above limitations will apply to the fullest extent permitted by law.

14. GOVERNING LAW AND DISPUTE RESOLUTION

14.1 Governing Law

These Terms are governed by and construed in accordance with the laws of Illinois, United States, excluding its conflict of law rules.

Your use of the Service may also be subject to additional local, state, national, or international laws.

14.2 Informal Dispute Resolution

If you have any concerns or disputes regarding the Service, you agree to first contact us at disputes@SmileSocietyOrtho.com to seek an informal resolution.

We will make good faith efforts to resolve any dispute through informal means within 30 days of receiving notification.

14.3 Arbitration Agreement

Any unresolved disputes shall be resolved by binding arbitration in Chicago, IL, in accordance with the American Arbitration Association’s Commercial Arbitration Rules.

The arbitration shall be conducted by a single arbitrator selected in accordance with the applicable rules, and the arbitration shall be conducted in the English language.

The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

14.4 Class Action Waiver

You agree to resolve any disputes with SSO on an individual basis only. Any claim must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, or multi-plaintiff proceeding.

14.5 Small Claims Court Option

Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes within the scope of that court’s jurisdiction.

15. SEVERABILITY AND WAIVER

15.1 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be modified to reflect the parties’ intentions as closely as possible under applicable law, and the remaining provisions will remain in full force and effect.

15.2 Waiver

Failure to enforce any provision of these Terms shall not constitute a waiver of that right, nor shall any waiver be deemed a continuing waiver of any subsequent breach.

Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

16. TRANSLATION AND INTERPRETATION

These Terms may be translated into other languages for convenience. In the event of any discrepancy between the translated version and the original English text, the English version shall prevail.

No ambiguity shall be construed against any party based on the claim that the party drafted the ambiguous language.

17. CHANGES TO THESE TERMS

17.1 Updates to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time.

17.2 Notification of Changes

If a revision is material, we will provide at least 30 days’ notice before the new Terms take effect. What constitutes a material change will be determined at our sole discretion.

Notification may be provided through:

Email notification to the address associated with your account
Prominent notice on our website or application
Other means designed to bring the changes to your attention

17.3 Continued Use

Your continued use of the Service after the changes become effective constitutes your acceptance of the revised Terms.

If you do not agree to the revised Terms, you must stop using the Service and cancel any subscription or account.

18. LINKS TO THIRD-PARTY WEBSITES

18.1 Third-Party Content

The Service may contain links to third-party websites or services that are not owned or controlled by the Company.

We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party sites or services.

18.2 Third-Party Terms

Your interactions with such third-party websites are subject to their terms and policies, not these Terms.

18.3 Risk Acknowledgment

You acknowledge and agree that the Company shall not be liable for any damages or losses arising from your use of any third-party content, goods, or services.

We advise you to read the terms and privacy policies of any third-party websites or services that you visit or interact with.

19. ELECTRONIC COMMUNICATIONS

By using the Service, you consent to receive electronic communications from us. These communications may include notices about your account, treatment updates, promotional messages, and other information.

You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

To withdraw your consent to receive electronic communications, please contact us at communications@SmileSocietyOrtho.com.

20. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and the Company regarding your use of the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.

21. ASSIGNMENT

You may not assign or transfer these Terms, or any rights or obligations under these Terms, without our prior written consent.

The Company may assign or transfer these Terms, in whole or in part, without restriction or notification.

22. FORCE MAJEURE

The Company shall not be liable for any failure or delay in the performance of its obligations under these Terms if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to natural disasters, acts of government, acts of terrorism, labor disputes, or internet service provider failures.

23. CONTACT INFORMATION

If you have any questions about these Terms and Conditions, please contact us at:

Email: legal@SmileSocietyOrtho.com
Phone: 773-455-4776
Mail: Legal Department
Smile Society Orthodontics LTD
1328 N. Milwaukee Ave
Chicago, IL 60622
Website Contact Page: www.smilesocietyortho.com/contact

By using our Service, you acknowledge that you have read and understand these Terms and Conditions and agree to be bound by them.

Last Updated: February 27, 2025