ResetSmile Terms and Conditions
Last Updated: May 26, 2026
These ResetSmile Terms and Conditions (“Terms”), including any applicable
Order Form
(“Order
Form”) which by
reference is incorporated herein, (collectively, the “Agreement”) sets forth the terms
under
which
you may use and
access ResetSmile’s Services (as defined below) and is binding between Reset Technology Corporation.
(“ResetSmile”,
“we”, “us”, or “our”) and the legal
entity
using the Services
(“you”, “Customer’s,” and “Customer”
refers
to that
legal entity). You and ResetSmile may be referred to individually as a “Party” and
collectively as
the “Parties”. By
using our Services, you agree to be bound by these Terms. These Terms apply to your access to and use of
ResetSmile’s:
- website located at https://resetsmile.com/ and all associated web pages, websites, and social media pages
(collectively, the “Website”);
- the ResetSmile dashboard; and
- services (including applications) and products accessible via the Website or otherwise made available to you
by us (together with the Website and the ResetSmile dashboard the “Services”).
BY AGREEING TO THESE TERMS, EXCEPT FOR (I) CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION
13, (II) WHERE
YOU
EXERCISE YOUR RIGHT TO OPT OUT OF ARBITRATION AS DESCRIBED IN SECTION 13, OR (III) TO THE EXTENT PROHIBITED BY
LAW,
DISPUTES BETWEEN YOU AND RESETSMILE WILL BE RESOLVED SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS
ARBITRATION,
CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, OR BY JURY TRIAL. If you do not agree to these Terms,
do
not use our Services.
We may indicate that different or additional terms, conditions, guidelines, policies, or rules
apply in relation
to
your access to and use of some or all of our Services (“Supplemental Terms”), including:
Any Supplemental Terms become part of your agreement with us if you use the applicable Services,
and if there is
a
conflict between these Terms and the Supplemental Terms, the Supplemental Terms will control for that
conflict.
We may make changes to these Terms. The “Last Updated” date above indicates
when these
Terms
were
last changed. If we
make future changes, we may provide you with notice of those changes by any reasonable means, such as by sending
an
email, providing a notice through our Services, or updating the date at the top of these Terms. Unless we say
otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services
after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended
Terms,
you must immediately stop using our Services.
1 ResetSmile Services
- ResetSmile Services License. Subject to the terms and conditions of this Agreement, we
grant
you a limited,
non-exclusive, non-transferable, non-sublicensable license to access and use the Services, solely for your
own
personal, noncommercial purposes during the Term and in accordance with the product and user documentation,
training
materials, specifications, Acceptable Use Policies and other similar materials made available to you
relating to
the
Services. You acknowledge and agree that: (i) this license does not confer any rights to access the source
code
of
the Services or to create derivative works based thereon; (ii) that all rights not expressly granted are
reserved by
us, and (iii) this license does not extend to accessing the Services’ source code, derivative creation, or
any
form
of reverse engineering. For clarity, any use of the Services other than as specifically authorized herein,
without
our prior written permission, is strictly prohibited and will terminate the license granted herein.
2 Eligibility and Use Restrictions
- Age. If you are under 18 years of age, you may not use our Services.
- Use Restrictions. You acknowledge that you may only use our Services for personal purposes
and
expressly
excluding any commercial use.
- Informed Consent.
- How does ResetSmile work? The ResetSmile device (the “Device,”
also referred to as a “stayplate” or “temporary partial”)
is a patient-specific, prescription removable partial denture made of BPA-free dental resin and
fabricated by a licensed dental laboratory pursuant to a prescription from a licensed dentist. The
Device is designed for the temporary replacement of missing teeth in partially edentulous patients.
It fills in the spaces created by missing teeth and may help restrict adjacent or opposing teeth from
shifting. The Device is intended to be worn without dental implants or preparation of the remaining
natural teeth, instead relying on the natural teeth and tissues to retain and stabilize it. The
Device is intended as a temporary solution and is not a substitute for an in-person visit with a
licensed dentist who can provide a comprehensive evaluation and definitive treatment options. The
Device is not intended to be worn as a long-term or permanent dental appliance. Please contact the
ResetSmile patient care team to discuss any concerns you may have with your Device.
IMPORTANT SAFETY WARNING — CHOKING AND ASPIRATION RISK: The
Device is a removable appliance and must be taken out daily after eating for cleaning and
completely removed at night during sleep. DO NOT sleep while wearing the Device. Wearing the
Device during sleep poses a serious risk of choking, aspiration (inhalation), or swallowing of
the Device, and provides no functional benefit. The Device or portions of it may break,
dislodge, be swallowed, or be inhaled during use. Seek immediate medical attention if any portion
of the Device is swallowed or inhaled. The Device is intended to temporarily help replace missing
teeth to aid in chewing and speaking until a permanent solution can be achieved.
- ResetSmile Benefits:
- AESTHETICS – ResetSmile is a discrete tooth replacement device, meaning the
artificial materials used to fabricate it are intended to blend in with natural teeth and
gums so that a reasonable aesthetic appearance may be achieved.
- FUNCTION - In most cases, ResetSmile will establish an occlusal or
“chewing” surface with opposing teeth. It may serve to reduce or restrict the drifting or
movement of opposing teeth caused by a missing tooth.
- COMFORT - ResetSmile devices are intended to be comfortable while wearing
the appliance. Many ResetSmile patients who have worn other types of devices previously
report increased comfort, speech and ability to taste when wearing their ResetSmile.
- SPEECH - ResetSmile devices can improve your ability to pronounce certain
words or vowels by providing additional teeth for phonetics.
- DISCREET - The ResetSmile device is made of a tooth and gum-colored,
BPA-free plastic. The devices are thin, light weight, flexible, and should ideally blend in
with the rest of the oral cavity when worn - many people won't even know you're wearing them.
- HYGIENE - Because the ResetSmile devices can be removed, you can eat, brush
and floss normally, and the process of using ResetSmile may improve your oral hygiene habits.
- Risks. I UNDERSTAND that the process of fabricating and fitting the Device includes
risks and possible failures. Even though the utmost care and diligence is exercised in preparation
for and fabrication of prosthetic appliances, there is the possibility of failure with patients not
adapting to the dentures. I agree to assume those risks and possible failures associated with but not
limited to the following:
- FAILURE - Many variables may contribute to unsuccessful utilization of the
Device including (1) gum tissues which cannot bear the pressures placed upon them resulting
in excessive tenderness and sore spots; (2) jaw ridges which may not provide adequate support
and/or retention; (3) musculature in the tongue, floor of the mouth, cheeks, etc., which may
not adapt to and be able to accommodate the Device; (4) excessive gagging reflexes; (5)
excessive saliva or excessive dryness of mouth; (6) general psychological and/or physical
problems interfering with success; (7) natural teeth to which the Device is anchored (called
abutment teeth) may become tender, sore, and/or mobile; (8) abutment teeth may decay or erode
around the clasps or attachments; (9) tissues supporting the abutment teeth may fail.
- BREAKAGE - Due to the types of materials which are necessary in the
construction of these appliances, breakage may occur even though the materials used were not
defective. Factors which may contribute to breakage are: (1) chewing on foods or objects
which are excessively hard; (2) gum tissue shrinkage which causes excessive pressures to be
exerted unevenly on the dentures; (3) cracks which may be unnoticeable and which occurred
previously from causes such as those mentioned in (1) and (2); (4) dropping or applying
forces to the denture aside from those occurring naturally inside the mouth during normal
use. The above factors listed may also cause extensive denture tooth wear or chipping.
- LOOSE DENTURES - The Device normally becomes less secure when there are
changes in the supporting gum tissues or abutment teeth. Devices themselves do not change
unless subjected to extreme heat or dryness. When a device becomes "loose" over time, a new
one may be necessary. Denture adhesives may aid in securing “loose” devices but are not a
replacement for a new, properly fitting device.
- ALLERGIES - Infrequently, the oral tissues may exhibit allergic symptoms to
the materials used in construction of the Device over which we have no control. If you
experience a reaction, please discontinue use and inform us and your primary care provider
immediately.
- CAVITIES, GUM OR PERIODONTAL DISEASE - Cavities, tooth decay, periodontal
disease, gingival recession, inflammation of the gums or permanent markings (e.g.
decalcification) may occur or accelerate during use of removable appliances such as the
ResetSmile device. These reactions are more likely to occur if you eat or drink lots of
sugary foods or beverages, or do not brush and floss your teeth before inserting the devices,
or do not routinely see a dentist for preventive check-ups. In addition, in some
circumstances discoloration or white spots may occur; small cavities may increase in size,
causing sensitivity and, in some cases, pain or tooth breakage; gingival inflammation may
increase, causing soreness and/or bleeding. If underlying periodontal conditions persist
unchecked, they may become more prevalent and lead to tooth loss. You may have to discontinue
ResetSmile treatment. All of these symptoms will require you to seek care from a dentist of
your choice.
- SORE SPOTS - The Device may cause a sore spot and/or ulcer when first
fitted. Visit your dental practitioner to check fit and possible readjustment.
- NERVE DAMAGE IN TEETH - An injured tooth can die over a period of time with
or without ResetSmile treatment and it may not be obvious that a tooth was previously
injured. Nerve damage to an injured tooth may flare up from movement of pressure placed on
teeth during therapy and may require root canal treatment. While this seldom occurs during
ResetSmile treatment, if and when it does it is most frequently related to a previous
accident or injury. It is not possible to predict which patients may experience nerve damage
during ResetSmile treatment, but patients who have experienced tooth injury in the past or
have restorative work on a tooth are at higher risk. If your regular dentist detects nerve
damage prior to or during your ResetSmile therapy treatment, treatment may need to be
discontinued or tooth loss can occur.
- FAILURE OF SUPPORTING TEETH AND/OR SOFT TISSUES - Natural teeth supporting
the Device may fail due to decay; excessive trauma; gum tissue or bony tissue problems. This
may necessitate extraction. The supporting soft tissues may fail due to many problems
including poor dental or general health. Other dental restorations such as crowns, fixed
bridges and/or implants may also be affected by the device.
- PREVIOUS DENTAL TREATMENT - ResetSmile devices will not support or be
attached to dental implants and may not be effective on patients who have certain dental
restorations, such as bridges. Additionally, dental restorations, such as crowns, veneers, or
bridges, may require replacement due to the utilization of a ResetSmile device.
- UNCOMFORTABLE OR STRANGE FEELING - This may occur because of the differences
between natural teeth and the artificial replacement devices. Most patients usually become
accustomed to this feeling over time.
- ORAL PIERCINGS - Piercings are contraindicated during ResetSmile therapy and
therefore should be removed during treatment. In some circumstances, failure to do so could
result in fractures, chips, or accidental attachment to the ResetSmile device or broken teeth
leading to termination of your treatment.
- AESTHETICS OR APPEARANCE - The Device will be fabricated using artificial
materials to replace missing natural teeth. The dental team will make every attempt to
restore natural aesthetics and a lifelike appearance to the patient, however artificial teeth
may occasionally look different from a patient’s natural teeth.
- TASTE ALTERATION - Artificial teeth may alter your taste of food, especially
if the devices are not cleaned properly.
- STAINING & ODORS - Staining on devices can occur, however this is minimized
by good oral hygiene and avoiding such items as tobacco, coffee and tea. The plastic
materials used in artificial tooth replacement are porous which can collect microscopic food
debris and contribute to odors. Check with ResetSmile or your dental practitioner for a list
of approved denture cleansers to maintain the cleanliness and appearance of your device.
- FOOD TRAPS - The space(s) between the device and your gums may catch food
during eating. The device should be removed for cleaning throughout the day by rinsing off
food particles after eating and soaking in cleanser on a regular basis.
- INHALING OR SWALLOWING - I understand there is a risk of aspirating
(inhaling) or swallowing the device while in use.
- TEMPOROMANDIBULAR JOINT DISORDER - Artificial tooth replacements may cause
certain disorders involving the temporomandibular joint (TMJ). TMJ disorders may include
headaches and neck pain, jaw pain, grinding or popping when moving the jaw, problems moving
the jaw or ringing in the ears, dizziness, vertigo or ear pain.
- SAFETY – ResetSmile devices or portions of the device may break, be
swallowed or inhaled. You may also have an allergic reaction to the materials used in the
devices.
- GENERAL HEALTH PROBLEMS - Overall medical conditions such as bone, blood or
hormonal disorders, and many prescription and non-prescription drugs (including, but not
limited to, antiresorptive medications such as bisphosphonates, anticoagulants,
immunosuppressants, and corticosteroids) can affect the health and longevity of the teeth and
the outcome of your ResetSmile Device.
- BITE ADJUSTMENT - Your bite may change during treatment and may result in
temporary discomfort. Your bite may require adjustment after use of the ResetSmile device.
Bite adjustments should ideally be made by an in-person dentist.
- BLACK TRIANGLES - Teeth which have been overlapped or missing for long
periods of time may be missing the gum tissue and may exhibit a "black triangle" below and
between teeth when replaced with a ResetSmile device. The growth and improvement of the
papilla and soft tissue may not be possible with a ResetSmile device alone and should be
performed with an in-person dentist or dental specialist.
- IMPRESSION TAKING - When taking physical dental impressions there is always
a risk of causing damage to the teeth and gums. It is generally advised to not proceed with
taking dental impressions when there are loose teeth, crowns, bridges or implants present in
the mouth, severe undercut, divergent abutments or extreme path of draw concerns, or there is
evidence of periodontal disease or infection. I acknowledge that the impression taking
process may cause damage to my natural teeth and gums and that I am aware of these risks.
I understand that it is the patient's responsibility to seek attention when
problems occur and do not lessen in a reasonable amount of time; also, to be examined regularly
to evaluate the devices, condition of the gums, and the patient's oral health.
I understand that it is imperative that my dental care is overseen by an in-person
licensed dentist who can take proper measurements and evaluate my periodontal health and other
factors that can minimize oral health problems. I understand that without x-rays and regular
dental care, existing and new problems may be exacerbated resulting in infections, tooth loss and
temporomandibular joint problems.
- Alternatives to ResetSmile. There are many alternatives when it comes to treating
partially edentulous patients, many of which are long term, permanent solutions for missing teeth.
Alternative treatments include long term, permanent removable partial dentures, non-flexible
stayplates or temporary partials, fixed bridges and dental implants. Full arch treatment (full
dentures, fixed/hybrid implant dentures, etc.) is also an option if the dental practitioner
determines that the remaining natural dentition cannot be saved and teeth must be extracted. Refusal
to treat edentulism is also an alternative to restorative dentistry.
- Contraindications to ResetSmile. While wearing a ResetSmile device is fairly
non-invasive, your oral condition should ideally be healthy and exclude broken, decayed, or loose
teeth. Upon the evaluation of a licensed dentist, you may be required or recommended to seek an
in-person visit to a licensed dentist to remove or repair damaged teeth before proceeding with a
ResetSmile device. Recommendations made by our Teledentists may include seeking additional
radiographs, consent, extractions, repairs of decayed teeth, or removal of loose teeth. You may, at
your own risk, decide to proceed against the recommendation of the Teledentist by signing additional
consent forms and release of liabilities should you choose to continue with the fabrication and
delivery of your device without taking such recommendations.
- Healthy Teeth & Gums. ResetSmile devices are most effective if your teeth and gums
are healthy. It is your responsibility to routinely see a dentist prior to starting ResetSmile
devices, to verify that your teeth and gums are healthy prior to using ResetSmile devices. It is also
your responsibility to maintain and have follow-up dental care during and after ResetSmile treatment.
- Telehealth/Teledentistry.
OVERVIEW OF TELEDENTISTRY. What is Tele-Dentistry? Teledentistry
falls under a broader category of Telehealth. Telehealth is not a specific service; it refers to
a broad variety of technologies and tactics to deliver virtual medical, health, and education
services. As an umbrella term, it is further defined when applied to specific health care
disciplines, such as dentistry.
Teledentistry, according to the ADA’s Comprehensive Policy Statement on
Teledentistry, refers to the use of telehealth systems and methodologies in dentistry.
Teledentistry can include patient care and education delivery using, but not limited to, the
following modalities:
- Live video (synchronous): Live, two-way interaction between a person
(patient, caregiver, or provider) and a provider using audiovisual telecommunications
technology.
- Store-and-forward (asynchronous): Transmission of recorded health
information (for example, radiographs, photographs, video, digital impressions and
photomicrographs of patients) through a secure electronic communications system to a
practitioner, who uses the information to evaluate a patient’s condition or render a service
outside of a real-time or live interaction.
Teledentistry is a new way to provide care for patients who do not want to or cannot
go to the dentist’s office. Teledentistry uses electronic dental records including x-rays,
photographs, data collection, health and other history information. These records or other
electronic communications are either sent to the dentist offsite in real-time or they are stored
and shown to a dentist after the initial appointment is over requiring a follow-up appointment.
They are retained for the dentist in electronic form and forwarded to him/her for review at a
later time. The goal of a Teledentistry system is to have the dentist create a diagnosis and
recommendations for you and your dental care without the dentist physically being present with
you in person.
BENEFITS OF TELEDENTISTRY - The benefits of Teledentistry include
having access to a dentist and additional dental information without having to travel to a
dental office or clinic. During the visit, the patient may receive advice and recommendations
from a dentist who is not physically present but can see during the evaluation much of the same
information that would be collected and evaluated in person. This dental service can be utilized
for an initial consultation, for a follow-up consultation or exam, and/or for problem-focused
evaluations and recommendations. Teledentistry may also be beneficial for emergency situations
that can be addressed with quick and immediate consultation with a trained dental professional
without requiring travel to the dental office or dental clinic. The patient may benefit from
saving time and money by choosing to utilize Teledentistry as a means to receive recommendations
and evaluation by a dentist in the comfort of his/her location of choice.
RISKS OF TELEDENTISTRY - A potential risk of Teledentistry is that
a face to face consultation with a dentist may still be necessary after the Teledentistry
appointment. This could be due to the patient’s specific medical condition or for other reasons
that would require a direct and in person examination or treatment. Recommendations will be made
to you or the patient about future care after the Teledentistry consultation or examination is
complete and could include recommendations about whether or not to see a dentist in a dental
office or dental clinic.
Other risks involved in Teledentistry include but are not limited to inability of
the dentist to physically touch the patient and feel certain parts of the mouth or face with his
or her hands resulting in more of a limited scope of information. Future dental visits may be
needed, even if one is not recommended at this time. The recommendations may change if more
information about the patient's dental needs become known. Other risks include potential
corruption of data through the transmission or complete loss of the electronic health records due
to possible software or hardware glitches.
The practice of dentistry is not an exact science therefore any specific results
CANNOT be guaranteed and there is an inherent risk with any dental procedure, diagnosis, and
recommendation. Teledentistry does NOT diminish these risks and while every reasonable measure
may be taken by your clinician, no guarantees are made as to the results, accuracy, or efficiency
of the diagnosis or treatment.
ALTERNATIVES TO TELEDENTISTRY - The alternative to Teledentistry
consultations is a live face-to-face visit with a dentist. At any time you or the patient can
choose to get dental care in a dental office or dental clinic and a copy of the patient’s entire
chart and data will be provided to you or your new dentist.
PRIVACY OF HEALTH INFORMATION: Current federal and state laws
regarding the privacy of protected health information apply to information used or disclosed
during your Teledentistry consultations. ResetSmile’s handling of your personal and health
information, including the rights available to you, is described in our
Privacy Policy, and in the Notice of
Privacy Practices made available to you in connection with your treatment. Your personal health
data and identity will not be disclosed without your separate consent, except as specifically
described in those documents or as required by law.
RIGHTS - You may choose not to participate in Teledentistry
consultations at any time before and/or during the consultation. If you decide not to participate
in a Teledentistry consultation, it will not affect your right or ability to obtain future care
or treatment, but would require you to travel to a dental office or dental clinic to perform the
examination and/or portions of your treatment. You have the option to seek a dental consultation
or treatment in a dental office at any time before or after the Teledentistry consultation. If an
injury occurs as a result of procedures provided by the dental professional providing your care,
notify that person and ResetSmile. They will assist with arrangements for appropriate treatment
of the injury as would be the case in a traditional dental setting.
- Informed Consent.
TELEHEALTH – I hereby consent to use ResetSmile’s 3rd party
teledentistry platform so a state-licensed dentist and I can engage in telehealth as part of my
tooth replacement treatment. I understand that "telehealth" includes the practice of health or
dental care delivery, diagnosis, consultation, treatment, and transfer of medical/dental
information, both orally and visually, between me and a state licensed dental professional who
has engaged ResetSmile to provide certain non-clinical dental support organization services.
By signing this Informed Consent, I represent to the best of my knowledge that: (a)
I have seen a licensed dentist within a reasonable period prior to enrolling in ResetSmile
treatment and am not aware of any untreated cavities, loose or defective fillings, crowns, or
bridges; (b) I am not aware of any current diagnosis of periodontal or gum disease, oral cancer,
or active oral infection; (c) I do not currently have pain in any of my teeth or jaws that has
not been evaluated by a dentist; (d) none of my teeth are loose, I have no remaining primary
(“baby”) teeth, and all of my permanent teeth that are present are accounted for; and (e) I will
promptly disclose to ResetSmile any change in my oral health during treatment. I understand and
acknowledge that the affiliated teledentist who reviews my records will make the clinical
determination of whether I am a candidate for the Device, and may require additional records
(including but not limited to dental radiographs, periodontal charting, or an in-person
evaluation) before approving treatment. I further consent to ResetSmile sharing my personal and
medical information with third parties, business associates, or affiliates for the purposes of
treatment planning and/or device manufacturing.
I have read this form and fully understand the benefits and risks listed in this
form related to my use of ResetSmile Device. I understand that ResetSmile contracts with
professional corporations which have engaged licensed dentists and dental professionals in the
state in which I reside. I hereby provide my consent for one or more of the dentists or dental
professionals affiliated with that professional corporation to review my records for potential
evaluation, diagnosis, and treatment. I understand that my acceptance of the treatment plan
approved by my treating dentist and planned by ResetSmile prior to the onset of treatment
reflects the results I expect to achieve. I understand that my treatment plan may have to be
modified and as a result, I may have to undergo adjustments (“touch-ups”) during my therapy to
achieve results that maximize comfort, aesthetics and function. I also understand that neither
the dentist who prescribes my ResetSmile treatment nor ResetSmile can, with certainty, predict
the events that may lead to touch-ups and adjustments. I further understand that my treatment
will only address a small set of indications and will not treat certain situations such as full
arch missing teeth or edentulous areas with 4 or less retainer teeth remaining. In order to
replace missing teeth in certain situations, I will need to seek more comprehensive treatment via
my local dental professional. I understand that the dentist who prescribes my ResetSmile device
will determine recommendations for treatment for me and that I may be recommended to see an
in-person dentist instead of utilizing ResetSmile devices. Lastly, I understand that for tooth
replacement therapy to achieve results that are acceptable, I must be compliant with the treating
dentist’s prescribing instructions, recommendations including those that are required via
touch-ups, if applicable.
Photographs, intraoral scans, and other images of you submitted to or captured by
ResetSmile in connection with your treatment will be used solely for clinical evaluation,
treatment planning, device manufacturing, and internal quality and training purposes (including
the de-identified research and development uses described below). ResetSmile will not use your
photographs or other personally identifiable images for marketing, advertising, or other
public-facing promotional purposes, and will not disclose such images to the general public. In
the event ResetSmile wishes to use your photographs or likeness for marketing or other
promotional purposes, ResetSmile will request a separate written release from you describing the
proposed use, and no such use will occur unless and until you execute that separate release. You
may contact ResetSmile at support@resetsmile.com
with any questions regarding the use of your images.
Data Aggregation, Anonymization, and De-Identification. I
understand that ResetSmile will use, reproduce, aggregate, and modify my images and/or data to
(i) create aggregated data, (ii) create de-identified or anonymized data, as described in local
jurisdictional privacy laws, for the purpose of supporting ResetSmile’s research, development,
and quality improvement purposes. Further, all rights, titles, and interest in the aggregated
data, and all intellectual property rights therein, belong to and are retained solely by
ResetSmile.
In the event that the ResetSmile affiliated doctor who reviews my chart and other
information that I submit determines that I am not an appropriate candidate for the ResetSmile
tooth replacement treatment, but that I am a candidate for more advanced tooth replacement
treatment, I hereby consent to having all of my records in ResetSmile's possession (including
without limitation dental impressions, digital scans, photographs, and medical history
documentation) sent to a licensed dentist or dental professional for further review and treatment
planning, and I agree to being contacted directly by that dental provider.
I have read and understand the information in this document and accept the
potential risks, benefits, and liabilities that arise from utilizing Teledentistry and ResetSmile
services. I have read the risks, benefits, facts and information provided above and have been
given a copy of the Notice of Privacy Practices. I understand that my medical/dental information
and electronic health records will be transmitted to an offsite licensed dentist who will
evaluate this information in order to assess my current condition and needs and use this
information to give recommendations based on his/her comfort level and best judgment. I also
understand that at any time I have the option to seek direct face-to-face consultation by a
dentist in a dental office or dental clinic before, during, or after my ResetSmile therapy. I
have had an opportunity to ask questions about this information and all of my questions have been
answered. I acknowledge that no guarantee or assurance has been made by anyone regarding the
treatment I have requested and authorized.
3 Your Information
- You may provide certain information to ResetSmile in connection with your access to or use of our Services,
or
we may otherwise collect certain information about you when you access or use our Services. You agree to
receive
emails, SMS or text messages, and other types of communications from ResetSmile via the Services using the
email
address or other contact information you provide in connection with the Services. You represent and warrant
that
any
information that you provide to ResetSmile in connection with the Services is accurate.
- For information about how we collect, use, share, and otherwise process information about you, please review
our
Privacy Policy located at https://resetsmile.com/privacy-policy.
4 Accounts
We may require that you create an account in order to use some or all of our Services. You may not
share or
permit
others to use your individual account credentials. You will promptly update any information contained in your
account if it changes. You must maintain the security of your account, as applicable, and promptly notify us if
you
discover or suspect that someone has accessed your account without your permission.
5 Customer Content
- Ownership of Customer Content. Except for ResetSmile Technology (as defined below), as
between
ResetSmile and
Customer, Customer retains all right, title and interest in and to all information, text, messages, photos,
videos,
and other content that is submitted, posted, or otherwise transmitted by or on behalf of you through the
Services
(“Customer Content”), including all intellectual property rights therein. For the
avoidance of
doubt, Customer
Content excludes ResetSmile Technology. You grant us during the Term a non-exclusive, worldwide,
royalty-free
right
and license to access, use, store, reproduce, publicly perform, publicly display, modify, adapt, publish,
translate,
create derivative works from, distribute, and otherwise process the Customer Content to the extent necessary
to
provide the Services to you, including, without limitation, for the purpose of hosting, operating, improving
and
otherwise providing the Services during the Term.
- Use of Customer Content. You represent and warrant that: (a) you have obtained and will
obtain
and continue to
have, during the Term all necessary licenses, rights, consents, and permissions to use, and to authorize us
to
process, analyze, and use the Customer Content as contemplated by this Agreement, including personal data;
and
(b)
our access, use and other processing of the Customer Content in accordance with these Terms will not violate
any
applicable laws or regulations or cause a breach of any agreement or obligations between you and any third
party.
You will indemnify us against any losses, damages, liabilities, expenses, and costs (including attorneys’
fees)
incurred by us as a result of a breach of this representation.
- Rights to your Customer Content. Except for the license you grant below, and otherwise as
stated in this
Agreement, as between you and ResetSmile, you retain all rights in and to your Customer Content.
- License to Customer Content. You grant us during the Term a non-exclusive, worldwide,
royalty-free,
sublicensable (through multiple tiers) right and license to access, use, store, reproduce, display, modify,
adapt,
publish, translate, create derivative works of, distribute, publicly perform, publicly display, and
otherwise
process the Customer Content to the extent necessary to provide the Services to you, including, without
limitation,
for the purpose of hosting, operating, improving and otherwise providing the Services. The foregoing license
includes, for clarity, the right to develop and improve our products and services. You hereby irrevocably
waive
any
“moral rights” or other rights with respect to attribution of authorship or
integrity of
materials regarding
Customer Content that you may have under any applicable law or under any legal theory.
- Necessary Rights. You may not provide Customer Content for which you do not have all the
rights
necessary to
grant us the license described above. You represent and warrant that the Customer Content, and our use of
the
Customer Content, will not violate any rights of any person or entity, or cause injury to any person or
entity.
- Data Deletion and Opt Out. You may request for us to delete your personal data and you may
request to opt out of
our use of your personal data for improving our Services. Please see our Privacy Policy located at
https://resetsmile.com/privacy-policy for more
information.
- Moderation. We do not undertake to review all Customer Content, and we expressly disclaim
any
duty or obligation
to undertake any monitoring or review of any Customer Content. Although we have no obligation to screen,
edit,
or
monitor Customer Content, we may:
- delete or remove Customer Content or refuse to post any Customer Content at any time and for any
reason
with
or
without notice, including for any violations of applicable law or these Terms;
- terminate or suspend your access to all or part of the Services, temporarily or permanently, if the
Customer
Content is reasonably likely, in our sole determination, to violate applicable law or these Terms;
- take any action with respect to the Customer Content that is necessary or appropriate, in our sole
discretion,
to ensure compliance with applicable law and these Terms, or to protect our rights, or to protect
any
third-party
rights, including third-party intellectual property and privacy rights (e.g., providing information
to
copyright
owners in furtherance of Digital Millennium Copyright Act takedown requests); and
- as permitted by law, cooperate fully with any law enforcement authorities or court order requesting
or
directing us to disclose the identity or other information of anyone posting any Customer Content on
or
through
the
Services.
6 Our Intellectual Property
- Ownership. We or our licensors (other than ResetSmile) retain and exclusively own all
rights,
title and
interest
in and to the Services and its content data, databases, designs, software, artwork, photos, videos, music,
sounds,
text, information and other materials posted, provided or otherwise made available through the Services),
including
all intellectual proprietary rights, whether registered or not, which include, but are not limited to,
copyrights,
patents, patent disclosures and inventions (whether patentable or not), trademarks, service marks, trade
secrets,
know-how and other confidential information, trade dress, trade names, logos, corporate names and domain
names,
together with all of the goodwill associated therewith, and any authorized or unauthorized enhancements,
updates,
upgrades, improvements, translations, adaptations, or other modifications to or reproductions or derivative
works
thereof (collectively, “ResetSmile Technology”), subject to ResetSmile’s ownership
of
the
Customer Content.
The ResetSmile Technology, including each of the proprietary elements described in the preceding sentence,
are the
sole property of ResetSmile and/or our licensors (other than Customer) and is protected by copyright,
trademark,
patent, trade secret, and other intellectual property laws and unfair competition laws of the United States,
foreign
jurisdictions, and international conventions.
- Trademarks. The name “ResetSmile” and our logos, product or service
names,
slogans, and the look and feel of
the
Services are trademarks of ResetSmile and may not be copied, imitated, or used, in whole or in part, without
our
prior written permission. All other trademarks, registered trademarks, product names, and company names or
logos
mentioned on or in connection with the Services are the property of their respective owners. Reference to
any
products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or
otherwise
does not constitute or imply endorsement, sponsorship, or recommendation by us.
- Feedback. You may voluntarily post, submit, or otherwise communicate to us any questions,
comments,
suggestions,
ideas, original or creative materials, or other information about ResetSmile or our Services (collectively,
“Feedback”). You understand that we may use such Feedback for any purpose,
commercial or
otherwise, without
acknowledgment or compensation to you, including to develop, copy, publish, or improve the Feedback or
Services, or
to improve or develop new products, services, or the Services in ResetSmile’s sole discretion. ResetSmile
will
exclusively own all improvements to, or new, ResetSmile products, services, or Services based on any
Feedback. You
understand that ResetSmile may treat Feedback as nonconfidential.
7 Subscription Services; Payment
- Subscriptions. To access and use certain Services, you may be required to enroll in a
subscription payment plan
(a “Recurring Subscription”). Your Recurring Subscription will automatically renew
until
you
cancel it or your
Recurring Subscription is otherwise terminated. You authorize us to store your payment method information
and to
automatically charge your payment method(s) for the amount of your Recurring Subscription with no further
action
required by you. The length of your Recurring Subscription will be provided when you make your purchase. In
the
event that we are unable to charge your payment method(s) as authorized by you when you enrolled in a
Recurring
Subscription, we may in our sole discretion (i) suspend your access to the Services until payment is
received,
(ii)
void any applicable services, warranties, or benefits of such services and products; or (iii) seek to update
your
payment method information through third-party sources (i.e., your bank or a payment processor) to continue
charging
your payment method as authorized by you. You may cancel your subscription through your
account.
You may cancel
a
Recurring Subscription at any time, but if you cancel your Recurring Subscription before the end of the
current
subscription period, we will not refund any subscription fees already paid to us. Following any
cancellation,
however, you will continue to have access to the applicable Services through the end of your current
subscription
period. Your access to Services and any applicable benefits and warranties is available as long as your
subscription
remains active. ResetSmile may change the prices charged for Recurring Subscriptions at any time by posting
updated
pricing through the Services; provided, however, that the prices for your Recurring Subscription will remain
in
force for the duration of the subscription period for which you have paid. After that period ends, your use
of
the
applicable Services will be charged at the then-current subscription price. If you do not agree to these
price
changes, you must cancel your Recurring Subscription at least thirty (30) days before the changes take
effect.
If
you do not cancel, your Recurring Subscription will automatically renew at the then-current price at the
time of
renewal and for the same duration as the initial subscription term, and ResetSmile will charge your on-file
payment
card or method on the first day of the renewal of the subscription term.
- Payment. You represent and warrant that you have the right to use any payment method that
you
submit in
connection with a payment. We may receive updated information from your issuing bank or our payment service
provider
about any payment method you have stored with us. You authorize us to charge your payment method, including
any
updated payment method information we receive, for any charges you are responsible for under these Terms.
Verification of information may be required prior to the acknowledgment or completion of any transaction.
You
will
pay all charges incurred by you or on your behalf through the Services, at the prices in effect when such
charges
are incurred, including all taxes and shipping and handling charges applicable to your transactions.
- Collection of Debt. Unless otherwise provided in the applicable Order Form, ResetSmile
reserves
the right to
charge interest on any amounts that remain unpaid more than thirty (30) calendar days from invoice date at
the
lesser of one and one-half percent (1.5%) per month, or the maximum amount allowed by law. ResetSmile
reserves
the
right to refer your outstanding debt to a third-party collection agency. In the event collection and
legal
action is
necessary to collect on balances due, you will reimburse us and our vendors or agents for all costs and
expenses
incurred to recover sums due, including reasonable collection and attorneys’ fees and all other legal
expenses,
to
the maximum extent permitted by law.
- Refunds and Exchanges. We want you to be completely satisfied with your ResetSmile
experience.
Our Refunds & Exchanges policy is designed to be flexible and transparent:
-
Refund Eligibility. You may request a full refund within 100 days of your original
order date, provided that your impression kit has been received by ResetSmile or has not yet
shipped. If your treatment has not yet been completed and no final device has been delivered, you are
not required to return any unused impression materials to qualify for a refund, provided the request
is made within the 100-day window described in Section 4.8.
-
Completed Treatments. If your treatment has been completed and a finished partial
denture device has been delivered, you must return the device to be eligible for a refund within the
100-day period. Refunds will not be issued without return of the finished device.
-
Remakes & Adjustments. If you are unsatisfied with your finished device, we will
make every reasonable effort to adjust or remake it to your satisfaction. You must notify us within
30 days of delivery of the finished device.
-
Cancellation Fee for Shipped Products. If an order for ResetSmile partial denture
treatment is cancelled or refunded after any product has already shipped, a non-refundable
cancellation fee of $49 will apply. This fee reflects handling, processing, and regulatory costs
associated with medical devices, which cannot be reused, returned, or restocked once shipped.
-
Expedited and Rush Fees. Any expedited processing fees, rush fees, or expedited
shipping charges are non-refundable, even if an order is cancelled or refunded. While ResetSmile will
make commercially reasonable efforts to prioritize orders where such fees are paid, we cannot
guarantee delivery by a specific date, as production timelines, carrier delays, and factors outside
of our control may impact delivery.
-
Delivery Confirmation and Issues. An order is considered delivered when the
applicable carrier's tracking records indicate delivery to the shipping address provided by the
customer. Carrier records shall be deemed conclusive proof of delivery. As a courtesy, ResetSmile
sends delivery notification emails to the email address on file when a carrier marks an order as
delivered; however, failure to receive such notifications does not alter the delivery status. If a
carrier (including but not limited to UPS, USPS, FedEx, or similar services) marks an order as
delivered but the customer does not receive it, the customer must notify ResetSmile within 10 days of
the marked delivery date to be eligible for investigation or assistance. Claims reported after this
10-day period may not be eligible for review, replacement, or refund.
-
Treatment Delay Tolling. Notwithstanding the 100-day refund period set forth above,
in the event that ResetSmile has not completed fabrication and delivery of a finished device due to
delays attributable to ResetSmile, including but not limited to production delays, quality holds, or
laboratory processing backlogs, the 100-day refund eligibility period will be extended by the number
of days attributable to such delay. For purposes of this section, delay begins on the date ResetSmile
receives a customer's completed impression kit and ends when the finished device ships. Customers
must notify ResetSmile of a refund request within 30 days of becoming aware that their order has been
delayed. This tolling provision does not apply where delay results from customer inaction, including
failure to submit an impression kit, or failure to respond to communications from ResetSmile.
-
Impression Kit Submission Deadline. Customers are required to submit their completed
impression kit to ResetSmile within 100 days of their order date. ResetSmile will send reminder
communications at approximately 60 days and 90 days from the order date to the email address on file.
If a completed impression kit has not been received by ResetSmile within 100 days of the order date,
the order will be considered abandoned, no further treatment obligations will apply, and no refund
will be issued. This deadline reflects the medical nature of the product, the perishability of
impression materials, and ResetSmile's need to plan production capacity. The 100-day impression kit
deadline will be extended by any period of delay attributable to ResetSmile as described in Section
4.7.
-
Kit not yet returned to ResetSmile. A full refund is available within 100 days of
the order date, subject to Section 4.8. If a completed impression kit has not been received by
ResetSmile within 100 days of the order date, the order will be deemed abandoned by the customer, no
further treatment obligations will apply to either party, and no refund will be issued. ResetSmile's
issuance of reminder communications pursuant to Section 4.8 shall constitute reasonable and
sufficient notice prior to an order being deemed abandoned.
-
Kit received by ResetSmile, device not yet delivered. A refund is available, subject
to the $49 cancellation fee described in Section 4.4, at any time before the finished device ships.
Once the device has shipped, refund eligibility is governed by Section 4.2.
-
Device delivered. A refund is available within 100 days of the original order date
upon return of the finished device, as described in Section 4.2.
-
Limitations. A non-refundable cancellation fee of $49 will apply to any order that is
cancelled or refunded after product has already shipped, due to the nature of the products being
medical devices that cannot be reused, returned, or restocked. No refunds will be issued beyond 100
days from the original order date, regardless of the treatment stage or product condition, except as
provided in Section 4.7 (Treatment Delay Tolling) and Section 4.8 (Impression Kit Submission
Deadline).
- Reservation of Rights. ResetSmile reserves the right - including without prior notice - to
impose conditions on
the honoring of any coupon, discount, or similar promotion, to bar any user from making any transaction, to
alter
the payment option for services, and to refuse to provide any user with any Service.
8 Copyright Complaints
- Our Policy. In accordance with the Digital Millennium Copyright Act
(“DMCA”)
and other
applicable law, we have
adopted a policy of terminating, in appropriate circumstances, the accounts of users who infringe the
intellectual
property rights of others (our "DMCA Policy").
- Reporting Claims of Copyright Infringement. If you believe that any content on our Services
infringes any
copyright that you own or control, you may notify ResetSmile’s designated agent (your notification, a
“DMCA
Notice”)
as follows:
By Certified Mail:
ResetSmile
Attn: Copyright Agent
4200 W Royal Ln, Suite 125
Irving, TX 75063
By Email: support@resetsmile.com
Please see Section 512(c)(3) of the DMCA for the requirements of a proper notification. If
you fail to
comply
with
all of the requirements of Section 512(c)(3) of the DMCA, your notice may not be effective. If you
knowingly
materially misrepresent that any activity or material on our Services is infringing, you may be liable
to
ResetSmile
for certain costs and damages.
9 Third-Party Services and Content
- Our Services rely on or interoperate with third-party products and services, including without limitation,
hosting providers, communications technologies, IoT platforms, third-party app stores, data storage
services,
communications technologies, and internet and mobile operators (collectively, “Third-Party
Services”). These
Third-Party Services are beyond our control, but their operation may impact, or be impacted by, the use and
reliability of our Services.
- We may further provide information about or links to third-party products, services, activities, or events,
or
we may allow third parties to make their content and information available on or through the Services
(collectively,
“Third-Party Content”). Your dealings or correspondence with third parties and your
use
of or
interaction with
any
Third-Party Content are solely between you and the third party.
- We have no obligation to monitor Third-Party Services or Third-Party Content, and we may block or disable
access
to any Third-Party Services or Third-Party Content (in whole or part) through our Services at any time. Your
access
to and use of such Third-Party Content or Third-Party Services may be subject to additional terms,
conditions,
and
policies applicable to such Third-Party Content (including terms of service or privacy policies of the
providers
of
such Third-Party Services). You are responsible for obtaining and maintaining any computer hardware,
equipment,
network services and connectivity, telecommunications services, and other products and services necessary to
access
and use the Services.
10 Indemnification
To the fullest extent permitted by applicable law, you will indemnify, defend (at our option), and
hold harmless
ResetSmile and our officers, directors, agents, partners, licensors, employees and agents from and against any
losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out
of
or
related to: (a) your
access to or use of the Services; (b) the Customer Content or Feedback; (c) your violation of these Terms; (d)
your
violation, misappropriation, or infringement of any rights of another (including intellectual property rights or
privacy rights); or (e) your conduct in connection with the Services or the Customer Content. You will cooperate
with ResetSmile in defending such Claims, and pay all fees, costs, and expenses associated with defending such
Claims (including attorneys' fees). ResetSmile will have control of the defense or settlement, at ResetSmile's
sole
option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities
set
forth in a written agreement between you and ResetSmile.
11 Disclaimers
Your expressly acknowledge and agree that your use of the Services and any content or
materials provided
therein or
therewith (including the Third-Party Content and Third-Party Services) is at your sole risk. To the fullest
extent
permitted under applicable law, our Services, and any content or materials provided therein or therewith
(including
the Third-Party Content and Third-Party Services), are provided “as is” and “as available” without warranties of
any
kind, either express or implied. ResetSmile disclaims all warranties with respect to the foregoing, including
implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. ResetSmile
does not represent or warrant that our Servicesor any other content provided therein or therewith (including the
Third-Party Content and Third-Party Services) are accurate, complete, reliable, current, or error-free or that
access to our Services or any content provided therein or therewith (including the Third-Party Content and
Third-Party Services) will be uninterrupted. While ResetSmile attempts to make your use of our Services and any
content provided therein or therewith (including the Third-Party Content and Third-Party Services) safe, we
cannot
and do not represent or warrant that our Services or any content provided therein or therewith (including the
Third-Party Content and Third-Party Services) or our servers are free of viruses or other harmful components or
content or materials. You assume the entire risk as to the quality and performance of the Services. All
disclaimers
of any kind (including in this Section 11 and elsewhere in these Terms) are made for the benefit of all
ResetSmile
and ResetSmile’s respective shareholders, agents, representatives, licensors, suppliers, and service providers,
as
well as our and their respective successors and assigns.
12 Limitation of Liability
- To the fullest extent permitted by applicable law, ResetSmile (and its affiliates, parent companies,
directors,
officers, agents, employees, partners, licensors, contractors, permitted successors and permitted assigns)
will
not
be liable to you or any third party under any theory of liability (whether based in contract, tort,
negligence,
warranty, or otherwise) for any indirect, consequential, exemplary, incidental, punitive, special, moral, or
exemplary damages whatsoever, including, without limitation, damages for lost profits, loss of data,
business
interruption or any other commercial damages or losses arising out of or related to this Agreement,
including,
without limitation, your inability to use the Services, whether or not damage was foreseeable and even if
ResetSmile
has been advised of the possibility of such damages and notwithstanding the failure of any agreed or other
remedy of
its essential purpose.
- The total liability of ResetSmile for any claim arising out of or relating to this Agreement or our
Services,
regardless of the form of the action, is limited to the greater of: (i) Fifty Dollars (USD $50.00); and (ii)
the
amount paid by you to use our Services in the twelve (12) months preceding the claim.
- Some jurisdictions do not allow the limitation of certain damages, in which case some of the
limitations
above
may not apply to you.
13 Dispute Resolution; Binding Arbitration
Please read this Section 13 carefully because it requires you and ResetSmile to arbitrate
certain
disputes
and
claims and limits the manner in which we can seek relief from each other. Arbitration precludes you and
ResetSmile
from suing in court or having a jury trial. You and ResetSmile agree that arbitration will be solely on an
individual basis and not as a class arbitration, class action, or any other kind of representative proceeding.
ResetSmile and you are each waiving the right to trial by a jury.
Follow the instructions below if you wish to opt out of the requirement of arbitration on
an individual
basis. No class or representative actions or arbitrations are allowed under this arbitration agreement.
- Informal Dispute Resolution Prior to Arbitration. For any dispute or claim between you and
ResetSmile relating
to this Agreement or our Services, including any privacy or data security claims, (collectively,
“Disputes”,
and
each a “Dispute”), you and ResetSmile agree to attempt to first resolve the Claim
informally
via the following
process:
- If you assert a Dispute against ResetSmile, you will first contact ResetSmile by sending a written
notice of your
Dispute to ResetSmile by email to support@resetsmile.com If ResetSmile asserts a Dispute against
you,
ResetSmile
will contact you by sending a written notice of ResetSmile’s Dispute to you via email to the primary
email address
associated with your account.
- If you and ResetSmile cannot reach an agreement to resolve the Dispute within thirty (30) days after
you
or
ResetSmile receives the applicable notice, then either Party may submit the Dispute to binding
arbitration as set
forth below. The statute of limitations and any filing fee deadlines shall be tolled for thirty (30)
days from the
date that either you or ResetSmile first send the applicable notice so that the Parties can engage
in
this informal
dispute-resolution process.
- Disputes Subject to Binding Arbitration; Exceptions. Except for individual disputes that
qualify for small
claims court and any disputes exclusively related to the intellectual property or intellectual property
rights
of
you or ResetSmile, including any disputes in which you or ResetSmile seek injunctive or other equitable
relief
for
the alleged unlawful use of your or ResetSmile’s intellectual property or other infringement of your or
ResetSmile’s
intellectual property rights (“IP Disputes”), all Disputes, whether based in
contract,
tort,
statute, fraud,
misrepresentation, or any other legal theory, that are not resolved in accordance with Section 13(a) will be
resolved by a neutral arbitrator through final and binding arbitration instead of in a court by a judge or
jury.
The
arbitration shall be administered by the American Arbitration Association (“AAA”),
according to
the Federal
Arbitration Act, 9 U.S.C. § 1, et seq., (“FAA”) and according to AAA’s Commercial
Arbitration
Rules and
Mediation
Procedures in effect at the time the Claim arose (the “Rules”), as modified by this
Agreement.
The arbitrator
will
have the authority to grant any remedy or relief that would otherwise be available in court. The remedies
and
reliefs rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction. If you
are a
“Consumer,” meaning that you only use the Services for personal, family or household
purposes,
the then-current
version of the AAA’s Consumer Arbitration Rules are the Rules applicable to Claims between Customer and
ResetSmile,
as modified by this Agreement. The Rules are available at the AAA website www.adr.org.
- Arbitration Fees. Customer and ResetSmile will each be responsible for arbitration fees in
accordance with the
applicable Rules and this Agreement. If you are a Consumer and such costs are determined by the arbitrator
to be
prohibitive compared to litigation costs, ResetSmile will pay as much of Customer’s arbitration costs as the
arbitrator finds is necessary to prevent arbitration from being cost-prohibitive (as compared to the cost of
litigation).
- Arbitration Procedure and Location. Customer or ResetSmile may initiate arbitration of any
Claim not resolved
during the informal resolution period by filing a demand for arbitration with AAA. Instructions for filing a
demand
for arbitration with AAA are available on the AAA website or by calling AAA at 800-778-7879. Customer will
send
any
demand for arbitration to ResetSmile by certified mail addressed to 4200 W Royal Ln, Suite 125 Irving, TX
75063
or
by email to support@resetsmile.com ResetSmile will send any demand for arbitration to Customer by certified
mail
or
email using the contact information Customer has provided to ResetSmile.
- Arbitrations will be conducted in the English language by a single arbitrator. Customer and ResetSmile agree
that the arbitrator will be bound by this Agreement.
- For Claims in which the claimant seeks less than USD $25,000, the arbitrator will decide the matter solely
based
on written submissions, without a formal hearing, unless the arbitrator decides that a formal hearing is
necessary.
For Claims in which the claimant seeks USD $25,000 or more, or smaller matters in which the arbitrator
determines a
hearing to be necessary, hearings will be conducted by video or telephone, unless the arbitrator determines
an
in-person hearing to be necessary. If an in-person hearing is required, the hearing will take place in the
Central
District of the State of California, unless the arbitrator determines that this would pose a hardship for
Customer,
in which case the location for any in-person hearing will be determined by the applicable Rules. The
arbitrator
(not
a judge or jury) will resolve all Claims in arbitration. The arbitrator will make a decision in writing but
need
not
provide a statement of reasons unless requested by either Party. An arbitration award, and any judgment
confirming
it, apply only to that specific case; it cannot be used or offered as precedent in any other case except to
enforce
the award itself unless ResetSmile and Customer agree prior to issuance of the award. Any arbitration
decision
or
award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable,
application
may
be made to such court for judicial confirmation of any award and an order of enforcement.
- One Year to Assert Claims. To the extent permitted by law, any Claim by Customer or
ResetSmile
against the other
must be filed within one (1) year after the Claim arose; otherwise, the Claim is permanently barred, which
means
that Customer and ResetSmile will no longer have the right to assert that Claim.
- Opting Out of Arbitration. You have the right to opt out of binding arbitration within
thirty
(30) days of the
date you first accepted these Terms by providing us with notice of your decision to opt-out via email by
certified
mail addressed to:
ResetSmile
Attn: Legal Department – Arbitration Opt-Out
4200 W Royal Ln, Suite 125
Irving, TX 75063
In order to be effective, the opt-out notice must include your full name, mailing address,
and email
address.
The
notice must also clearly indicate your intent to opt out of binding arbitration. By opting out of
binding
arbitration, you are agreeing to resolve disputes in accordance with Section 13.
- Rejection of Future Arbitration Changes. You may reject any change we make to Section 13
(except address
changes) by personally signing and sending us notice within thirty (30) days of the change by certified mail
addressed to:
ResetSmile
Attn: Legal Department – Arbitration Opt-Out
4200 W Royal Ln, Suite 125
Irving, TX 75063
If you do, the most recent version of Section 13 before the change you rejected will
apply.
- Severability. If any portion of this Section 13 is found to be unenforceable or unlawful
for
any reason,
including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful
provision
will be severed from these Terms; (ii) severance of the unenforceable or unlawful provision will have no
impact
whatsoever on the remainder of this Section 13 or the Parties’ ability to compel arbitration of any
remaining
claims
on an individual basis pursuant to this Section 13; and (iii) to the extent that any claims must therefore
proceed
on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil
court of
competent jurisdiction and not in arbitration. The litigation of those claims will be stayed pending the
outcome
of
any individual claims in arbitration. Further, if any part of this Section 13 is found to prohibit an
individual
claim seeking public injunctive relief, that provision will have no effect to the extent such relief is
allowed
to
be sought out of arbitration, and the remainder of this Section 13 will be enforceable.
14 Governing Law
Any claims will be governed by and construed and enforced in accordance with the laws of the State
of Texas,
except
to the extent preempted by U.S. Federal Law, without regard to conflict of law rules or principles (whether of
the
State of Texas or any other jurisdiction) that would cause the application of the laws of any other
jurisdiction. If
any claim is not subject to arbitration pursuant to Section 13, then the state and federal courts located in the
Northern District of the State of Texas, will have exclusive jurisdiction. You and ResetSmile waive any
objection to
venue in any such courts. If your local law requires that consumer contracts be interpreted subject to local law
and
enforced in the courts of that jurisdiction, this section may not apply to you only to the extent that local law
conflicts with this section.
15 Confidentiality
ResetSmile and Customer may disclose to each other information identified at the time of disclosure
as
confidential
or which should be reasonably known by the receiving Party to be confidential (“Confidential
Information”). The
Services and other ResetSmile Technology are the Confidential Information of ResetSmile, and Customer Content is
the
Confidential Information of Customer, in each case without any marking or further designation. Except as
authorized
herein, the receiving Party will (i) hold in confidence and not disclose any Confidential Information of the
disclosing Party to third parties, and (ii) not use Confidential Information of the disclosing Party for any
purpose
other than fulfilling its obligations and exercising its rights under this Agreement. The receiving Party may
disclose Confidential Information to its representatives having a need to know, provided that such
representatives
are bound to confidentiality obligations no less protective of the disclosing Party than this Section and that
the
receiving Party remains responsible for compliance by any such representative with the terms of this Section.
These
restrictions on disclosure will not apply to any information which: (a) is or becomes generally known or
publicly
available through no act or omission of the receiving Party; (b) is known by the receiving Party without
confidentiality restriction at the time of receiving such information, as shown by written records; or (c) is
furnished to the receiving Party by a third party without confidentiality restriction. The receiving Party may
make
disclosures to the extent required by law or court order, provided the receiving party notifies the disclosing
Party
in advance and reasonably cooperates in any effort to obtain confidential treatment. The receiving Party
acknowledges that disclosure of the disclosing Party’s Confidential Information would cause substantial harm for
which damages alone would not be a sufficient remedy, and therefore that upon any such disclosure by the
receiving
Party the disclosing Party will be entitled to seek appropriate equitable relief in addition to whatever other
remedies it might have at law.
16 Messaging Terms and Conditions
- General. When you opt-in to the service, we will send you a message to confirm your signup.
By
opting into
messages, you agree to receive recurring automated marketing and informational text messages from
ResetSmile.
Automated messages may be sent using an automatic telephone dialing system to the mobile telephone number
you
provided when signing up or any other number that you designate. Message frequency varies, and additional
mobile
messages may be sent periodically based on your interaction with ResetSmile. ResetSmile reserves the right
to
alter
the frequency of messages sent at any time to increase or decrease the total number of sent messages.
ResetSmile
also reserves the right to change the short code or phone number where messages are sent. Message and data
rates
may
apply. If you have any questions about your text plan or data plan, it is best to contact your wireless
provider.
Your wireless provider is not liable for delayed or undelivered messages. Your consent to receive marketing
messages
is not a condition of purchase.
- Carriers. Carriers are not liable for delayed or undelivered messages.
- Cancellation. You can cancel any time by texting "STOP" to +14698256672. After you send the
SMS
message "STOP"
to +14698256672, we will send you a message to confirm that you have been unsubscribed and no more messages
will
be
sent. If you would like to receive messages from ResetSmile again, just sign up as you did the first time
and
ResetSmile will start sending messages to you again.
- Info. Text "HELP" to +14698256672 at any time and we will respond with instructions on how
to
unsubscribe. For
support regarding our services, email us at support@resetsmile.com.
- Transfer of Number. You agree that before changing your mobile number or transferring your
mobile number to
another individual, you will either reply “STOP” from the original number or notify us of your
old number at
support@resetsmile.com. The duty to inform us based on the above events is a condition of using this service
to
receive messages.
- Privacy. If you have any questions about your data or our privacy practices, please visit
our
http://eepurl.com/iQSTSo.
- Messaging Terms Changes. We reserve the right to change or terminate our messaging program
at
any time. We also
reserve the right to update these Messaging Terms at any time. Such changes will be effective immediately
upon
posting. Your continued enrollment following such changes shall constitute your acceptance of such changes.
17 Term; Termination
- The “Term” of this Agreement commences upon your acceptance of this Agreement, as
evidenced by
you registering a
user account or otherwise accessing or using the Services. These Terms are effective until you perform each
of
the
following: (i) stop using our Services, (ii) uninstall and delete any copies in your possession, (iii)
cancel
any
account, and (iv) cancel all active subscriptions. You may stop using the Services at any time. Please refer
to
Section 7 (Subscription Services; Payments) for information on how you can cancel your subscription or any
automatic
renewals.
- We may terminate this Agreement at any time and for any reason by providing you with notice. Your rights
under
this Agreement will terminate automatically if you fail to comply with any of its provisions.
- Upon expiration, termination, or cancellation of these Terms for any reason, (a) you must cease all use of
the
Services and uninstall and delete all copies of all apps or software included with the Services in your
possession,
and (b) all rights and obligations of both parties to these Terms, including all licenses granted under
these
Terms,
will immediately terminate. The provisions of these Terms that are by their nature intended to survive
termination
or expiration of these Terms will so survive. You acknowledge that following termination, you will have no
further
access to any Customer Content via the Services.
18 Suspension of Services
We may suspend your right to access or use any portion or all of the Services immediately upon
notice to you if
we
determine: (a) your use of the Services (i) poses a security risk to the Services or any third party, (ii) could
adversely impact our systems, the Services or the systems of any other ResetSmile customers, or (iii) could
subject
us, our affiliates, or any third party to liability; (b) you are in breach of your payment obligations; or (c)
you
have ceased to operate in the ordinary course, made an assignment for the benefit of creditors or similar
disposition of your assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or
similar proceeding. If we suspend your right to access or use any portion or all of the Services: (a) you remain
responsible for all fees you have incurred during or prior to the period of suspension; and (b) you will not be
entitled to any refund or credit for any period of suspension.
19 Export Control
You are responsible for compliance with United States export controls and for any violation of such
controls,
including any United States embargoes or other federal rules and regulations restricting exports. You represent
and
warrant that you are not located in a country or territory that is subject to economic sanctions or trade
embargoes
imposed by the U.S. Government (including Belarus, Cuba, Iran, North Korea, Russia, Syria, and the occupied
regions
of Ukraine), that you are not listed on identified on any U.S. Government list of sanctioned parties, and that
you
will comply fully with all relevant export laws and regulations of the United States and other international
trade
laws applicable to your use of the Services.
20 Miscellaneous
- We reserve the right to modify the Services or to suspend or terminate providing all or part of the Services
at
any time or to charge, modify, or waive any fees required to use the Services. We may provide you with
notice in
advance of the suspension or discontinuation of all or part of the Services, such as by sending an email or
providing a notice through the Services. All modifications and additions to the Services will be governed by
these
Terms, unless otherwise expressly stated by us in writing. Customer also has the right to stop using the
Compute
Service at any time.
- You will not assign, subcontract, delegate, or otherwise transfer this Agreement, or your rights and
obligations
hereunder, without obtaining the prior written consent of one of our authorized representatives, and any
attempted
assignment, subcontract, delegation, or transfer in violation of the foregoing will be void. We may assign
this
Agreement or delegate our obligations hereunder, in whole or in part, without your consent, to any person or
entity
at any time. This Agreement will be binding upon the parties and their respective successors and permitted
assigns.
- The Parties are independent contractors, and no employment, agency, or joint venture is created hereunder.
- You will not copy, imitate, or otherwise use, in whole or in part, any of our trademarks or logos, unless
agreed to in writing by us.
- ResetSmile’s failure to exercise or enforce any right or provision of these Terms will not operate as a
waiver
of such right or provision. This Agreement reflects the entire agreement between the parties relating to the
subject
matter hereof and supersedes all prior agreements, representations, statements, and understandings of the
Parties.
Except as otherwise provided herein, these Terms are intended solely for the benefit of the Parties and are
not
intended to confer third-party beneficiary rights upon any other person or entity. Communications and
transactions
between us may be conducted electronically.
- The section titles in these Terms are for convenience only and have no legal or contractual effect. Lists of
examples following “including” or “e.g.” or similar words
are
not exhaustive
(that is, they are interpreted to
include “without limitation”). All monetary amounts are expressed in U.S. dollars.
URLs
are
understood to also
refer
to successor URLs, URLs for localized content, and information or resources linked from within the websites
at
the
specified URLs. The word “or” will be deemed an inclusive
“or”.
- If any portion of these Terms is found to be unenforceable or unlawful for any reason, including but not
limited
to because it is found to be unconscionable, (a) the unenforceable or unlawful provision(s) will be severed
from
these Terms; (b) severance of the unenforceable or unlawful provision(s) will have no impact whatsoever on
the
remainder of these Terms; and (c) the unenforceable or unlawful provision(s) may be revised to the extent
required
to render the Terms enforceable or valid, and the rights and responsibilities of the Parties will be
interpreted
and
enforced accordingly, so as to preserve the Terms and the intent of the Terms to the fullest possible
extent.
- If you have a question or complaint regarding the Services, please send an email to support@resetsmile.com
You
may also contact us by writing to:
ResetSmile
Attn: Customer Service
4200 W Royal Ln, Suite 125
Irving, TX 75063
note that email communications will not necessarily be secure; accordingly, you should not
include
payment
card
information or other sensitive information in your email correspondence with us. Further, under
California
Civil
Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice:
The
Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer
Affairs may
be contacted in writing at 1625 North Market Boulevard, Suite N-112, Sacramento, California 95834, or by
telephone
at 1 (800) 952-5210.
Disclaimers
You expressly acknowledge and agree that your use of the Services and any content or materials
provided therein or therewith (including the Third-Party Content and Third-Party Services) is at your sole risk.
To the fullest extent permitted under applicable law, our Services, and any content or materials provided therein
or therewith (including the Third-Party Content and Third-Party Services), are provided “as is” and “as
available” without warranties of any kind, either express or implied. ResetSmile disclaims all warranties with
respect to the foregoing, including implied warranties of merchantability, fitness for a particular purpose,
title, and non-infringement. ResetSmile does not represent or warrant that our Services or any other content
provided therein or therewith (including the Third-Party Content and Third-Party Services) are accurate,
complete, reliable, current, or error-free or that access to our Services or any content provided therein or
therewith (including the Third-Party Content and Third-Party Services) will be uninterrupted. While ResetSmile
attempts to make your use of our Services and any content provided therein or therewith (including the
Third-Party Content and Third-Party Services) safe, we cannot and do not represent or warrant that our Services
or any content provided therein or therewith (including the Third-Party Content and Third-Party Services) or our
servers are free of viruses or other harmful components or content or materials. You assume the entire risk as to
the quality and performance of the Services. All disclaimers of any kind (including in Section 11 and elsewhere
in these Terms) are made for the benefit of all ResetSmile and ResetSmile’s respective shareholders, agents,
representatives, licensors, suppliers, and service providers, as well as our and their respective successors and
assigns.
Authorization and Release Form
I certify that I have read and understand the above information to the best of my knowledge, and
that the health-history information I have provided is accurate and complete. I understand that providing
incorrect information can be dangerous to my health and that I assume all responsibility for any adverse effects
that result from providing false or inaccurate information. I authorize the affiliated dentist or dental
professional providing my care to release information regarding my diagnosis, treatment, or examination to other
licensed health practitioners as reasonably necessary for the continuity of my care. I agree to be responsible
for payment of all services rendered to me through ResetSmile in accordance with the payment terms set forth in
these Terms.