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:

1. website located at https://resetsmile.com/ and all associated web pages, websites, and social media pages (collectively, the “Website”);

2. the ResetSmile dashboard; and

3. 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:

●  Our Acceptable Use Policy, which applies to your use of all of our Services; and

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

1. 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

1. Age. If you are under 18 years of age, you may not use our Services.

2. Use Restrictions. You acknowledge that you may only use our Services for personal purposes and expressly excluding any commercial use.

3.  Informed Consent

1. How does ResetSmile work?

1. 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.

2. 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.

2.  ResetSmile Benefits:

1. 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.

2. 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.

3. 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.

4. SPEECH - ResetSmile devices can improve your ability to pronounce certain words or vowels by providing additional teeth for phonetics.

5. 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.

6.  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.

3. 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:

1. 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.

2. 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.

3. 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

4. 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.

5. 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.

6. 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.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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.

12. 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.

13. TASTE ALTERATION - Artificial teeth may alter your taste of food, especially if the devices are not cleaned properly.

14. 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.

15. 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.

16. INHALING OR SWALLOWING - I understand there is a risk of aspirating (inhaling) or swallowing the device while in use.

17. 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.

18. 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.

19. 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.

20. 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.

21. 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.

22. 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.

1. 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.

2. 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.

3. 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.

4. Telehealth/Teledentistry:

1. 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.

1. 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.

2. 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.

1. 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.

2. 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, available at https://resetsmile.com/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.

3. 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.

1. Informed Consent

1. 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.

 

1. Your Information
   1. 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.

   2. 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.

2. Accounts:

   1. 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.

3. Customer Content

   1. 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.

   2. 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.

   3. 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.

   4. 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.

   5. 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.

   6. 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.

   7. 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:

      1. 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;

      2. 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;

      3. 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

      4. 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.

4. Our Intellectual Property

   1. 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.

   2. 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.

   3. 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.

5. Subscription Services; Payment

   1. 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.

   2. 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.

   3. 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.

   4. 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:

      1. 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.

      2. 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.

      3. 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.

      4. 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.

      5. 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.

      6. 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.

      7. 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.

      8. 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.

      9. 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.

      10. 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.

      11. 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.

      12. 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).

   5. 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.

6. Copyright Complaints

   1. 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").

   2. 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.

7. Third-Party Services and Content

   1. 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.

   2. 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.

   3. 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.

8. 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.

9. 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.

10. Limitation of Liability

    1. 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.

    2. 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.

    3. Some jurisdictions do not allow the limitation of certain damages, in which case some of the limitations above may not apply to you.

11. 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.

    1. 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:

       1. 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.

       2. 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.

    2. 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.

    3. 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).

    4. 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.

    5. 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.

    6. 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.

    7. 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.

    8. 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.

    9. 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.

    10. 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.

12. 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.

13. 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.

14. Messaging Terms and Conditions

    1. 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.

    2. Carriers. Carriers are not liable for delayed or undelivered messages.

    3. 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.

    4. 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.

    5. 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.

    6. Privacy. If you have any questions about your data or our privacy practices, please visit our http://eepurl.com/iQSTSo.

    7. 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.

15. Term; Termination

    1. 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.

    2. 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.

    3. 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.

16. 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.

17. 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.

18. Miscellaneous

    1. 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.

    2. 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.

    3. The Parties are independent contractors, and no employment, agency, or joint venture is created hereunder.

    4. 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.

    5. 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”.

    6. 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.

    7. 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 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.

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.