SMILE EDITOR — TERMS OF SERVICE

Effective Date: [EFFECTIVE DATE]
Last Revised: 10 August 2026

These Terms of Service ("Terms") form a legally binding agreement between you, individually or on behalf of an organization ("Customer", "you"), and [LEGAL ENTITY NAME], doing business as Smile Editor ("Smile Editor", "we", "us", "our"), governing access to and use of smileeditor.com, the Smile Editor web application, related software, APIs, support services, and any associated features (collectively, the "Service").

By creating an account, accepting these Terms electronically, purchasing a subscription, or using the Service, you agree to these Terms. If you accept these Terms for an organization, you represent that you are authorized to bind that organization.

1. Professional Eligibility

The Service is intended for licensed dental professionals, dental technicians, laboratories, authorized members of a professional dental team acting within their permitted scope, and other persons legally entitled to handle dental design or patient-related data in their jurisdiction. Platform account holders must be at least 18 years old.

The Service is not intended for direct unsupervised use by patients or the general public for diagnosis or treatment decisions.

2. Service and License

Subject to these Terms and payment of applicable fees, Smile Editor grants Customer a limited, non-exclusive, non-transferable, non-sublicensable and revocable right to access and use the Service for professional and internal business purposes.

Except where applicable law expressly permits otherwise, Customer may not:

• reverse engineer, decompile or attempt to discover source code or non-public algorithms;
• circumvent access, licensing, security or usage controls;
• copy, resell, lease or commercially redistribute the Service itself;
• use non-public Smile Editor technology, confidential information or protected assets to build a competing service;
• interfere with availability or security;
• access another customer, organization, user, case or patient without authorization;
• use the Service unlawfully.

3. Intended Use; No Independent Clinical Judgment

Smile Editor is a computer-aided design and visualization tool for trained dental professionals. Unless a feature is expressly labeled and lawfully authorized for another purpose, the Service does not independently diagnose disease, prescribe treatment, determine clinical necessity, replace clinical examination, or provide autonomous medical or dental judgment.

Customer is solely responsible for:

• deciding whether a case is clinically indicated;
• verifying imported data and scans;
• reviewing every design before fabrication or clinical use;
• fit, margins, contacts, occlusion, function and material selection;
• compliance with applicable professional standards;
• final treatment decisions and patient care.

Outputs must be reviewed by an appropriately qualified professional before reliance in patient care.

4. Manufacturing Disclaimer

The physical result of a digital design depends on factors outside Smile Editor's control, including printer or milling equipment, calibration, slicing/CAM software, materials, orientation, support strategy, shrinkage, washing, curing, sintering, finishing, cementation and operator technique.

Customer must independently validate its manufacturing workflow and inspect any manufactured restoration or appliance before clinical use. Smile Editor does not warrant that a design file will be clinically suitable merely because it can be exported or manufactured.

5. Customer Data and Patient Data

"Customer Data" means data, files, content or materials Customer submits to the Service. "Patient Data" means Customer Data relating to an identified or identifiable patient or their health, including dental scans, STL/OBJ/PLY files when linked or linkable to a patient, photographs, DICOM data, case information, clinical notes and derived designs.

As between the parties, Customer retains all right, title and interest in Customer Data and patient-specific designs created by Customer using the Service.

Customer grants Smile Editor a limited, non-exclusive license to host, process, transmit, reproduce and otherwise handle Customer Data only as necessary to provide, secure, support and lawfully improve the Service in accordance with these Terms, the Privacy Policy and applicable DPA.

Customer represents that it has all rights, lawful bases, notices, authorizations and consents required to submit and process Patient Data through the Service.

6. Data Protection

Where Smile Editor processes Patient Data or other personal data on Customer's behalf, the Smile Editor Data Processing Agreement ("DPA") applies and is incorporated by reference.

For HIPAA-regulated use, a separate Business Associate Agreement ("BAA") must be effective before Customer submits Protected Health Information ("PHI") to any Service configuration designated as HIPAA-eligible. Availability of a BAA does not make every feature or integration HIPAA-eligible.

Customer must not submit regulated data to a feature expressly identified as not approved for that category of data.

7. Artificial Intelligence Features

Certain features may use artificial intelligence, machine learning, computer vision or automated methods ("AI Features"). AI Outputs may be incomplete, inaccurate or unsuitable for a particular case and must be independently reviewed.

Patient Data will not be used to train generalized AI models unless Smile Editor adopts a separate lawful program that is expressly disclosed and separately agreed. Under the v1.0 policy, such generalized training is prohibited.

If an AI Feature uses a third-party processor, Smile Editor will identify the material provider in its Subprocessor documentation where required. PHI may be sent to an AI provider only when the applicable HIPAA and contractual requirements are satisfied.

8. Accounts and Security

Customer is responsible for:

• maintaining accurate account information;
• safeguarding credentials;
• using unique accounts for individual users;
• assigning appropriate roles and permissions;
• promptly removing access for personnel who no longer require it;
• notifying Smile Editor of suspected unauthorized access.

Sharing a single credential among multiple users is prohibited where individual accountability is required.

Smile Editor may require multi-factor authentication for administrative or high-risk accounts.

9. Subscriptions, Fees and Taxes

Paid plans, billing cadence, included features and prices are shown at purchase or in an applicable Order Form.

Unless stated otherwise:

• recurring subscriptions renew automatically until cancelled;
• fees are billed in advance;
• Customer authorizes recurring charges to the selected payment method;
• unpaid amounts may result in restricted or suspended access;
• Customer is responsible for applicable taxes other than taxes based on Smile Editor's net income.

Refund, cancellation and cooling-off rights required by mandatory local consumer law remain unaffected. Smile Editor will not exclude rights that cannot lawfully be waived.

10. Cancellation and Account Closure

Customer may cancel a subscription using the account interface where available or by contacting [SUPPORT EMAIL]. Cancellation generally stops future renewal and does not automatically delete Customer Data.

Account closure and data deletion are separate actions governed by the Privacy Policy, DPA and Data Retention & Deletion Policy.

11. Beta, Preview and Experimental Features

Features marked Beta, Preview, Experimental or similar may be incomplete, changed or discontinued. Customer should not rely on experimental features for critical clinical workflows without independent validation.

12. Third-Party Services

The Service may depend on third-party providers such as cloud infrastructure, authentication, payments, communications, analytics or AI. Smile Editor is not responsible for third-party services outside its reasonable control, but will manage processors of personal data as required by applicable law and the DPA.

13. Intellectual Property

Smile Editor and its licensors retain all rights in the Service, including source code, software architecture, non-public algorithms, interfaces, designs, documentation, trademarks and other platform intellectual property.

Customer ownership of Customer Data and patient-specific designs does not transfer ownership of Smile Editor technology.

14. Feedback

If Customer voluntarily provides product suggestions or feedback, Customer grants Smile Editor a worldwide, perpetual, irrevocable, royalty-free right to use that feedback to improve or develop the Service, provided the feedback itself does not transfer ownership of Customer Data or Patient Data.

15. Backups and Records

Customer should retain appropriate independent copies of original clinical, source and manufacturing files. Unless an enterprise agreement expressly states otherwise, the Service should not be used as the sole legally required clinical record repository.

16. Suspension and Termination

Smile Editor may suspend access when reasonably necessary to:

• address a material security risk;
• prevent unauthorized or unlawful use;
• respond to legal requirements;
• address payment default;
• investigate a material breach of these Terms.

Where reasonably possible and lawful, Smile Editor will provide notice and an opportunity to cure before permanent termination. Immediate action may be taken for serious security, fraud, abuse or legal risk.

Upon termination, data export and deletion are governed by the applicable plan, DPA and retention policy.

17. Service Changes and Availability

Smile Editor may update, modify or discontinue features. Material changes that significantly reduce purchased core functionality will be handled in accordance with applicable contracts and mandatory law.

The Service may experience downtime. Smile Editor does not guarantee uninterrupted availability unless a separate Service Level Agreement applies.

18. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". SMILE EDITOR DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

NO DISCLAIMER LIMITS RIGHTS OR WARRANTIES THAT CANNOT LAWFULLY BE EXCLUDED.

19. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL OR BUSINESS INTERRUPTION, ARISING FROM THE SERVICE.

EXCEPT FOR LIABILITY THAT CANNOT LAWFULLY BE LIMITED, CUSTOMER PAYMENT OBLIGATIONS, CONFIDENTIALITY BREACHES, DATA PROTECTION OBLIGATIONS WHERE EXPRESSLY EXCLUDED FROM THE CAP, INTELLECTUAL PROPERTY MISUSE, FRAUD OR WILLFUL MISCONDUCT, EACH PARTY'S AGGREGATE LIABILITY ARISING FROM THE SERVICE WILL NOT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER FOR THE SERVICE DURING THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

If local law requires a different limitation, that law controls.

20. Indemnification

To the extent permitted by applicable law, Customer will defend and indemnify Smile Editor against third-party claims arising from Customer's unlawful use, unauthorized Patient Data, infringement by Customer Data, or Customer's violation of professional or legal obligations.

Smile Editor will defend and indemnify Customer against third-party claims that the unmodified Service infringes intellectual property rights, subject to customary notice and defense procedures and any applicable enterprise terms.

21. Compliance with Laws

Each party will comply with laws applicable to its role. Customer is responsible for professional licensure, patient-care obligations, manufacturing requirements and local restrictions on use of dental software.

22. Export Controls and Sanctions

Customer may not use the Service in violation of applicable export controls, sanctions or trade restrictions.

23. Governing Law and Mandatory Local Rights

These Terms are governed by [GOVERNING LAW], without regard to conflict-of-law principles, and disputes will be resolved in [VENUE], unless mandatory local law requires otherwise.

Nothing in these Terms excludes mandatory consumer, privacy, health, professional or other rights that cannot lawfully be waived.

24. Electronic Communications and Acceptance

Electronic acceptance, notices and records may satisfy legal writing and signature requirements to the extent permitted by applicable law. Smile Editor will record the version and date of acceptance for material legal agreements.

25. Changes

Material changes will be communicated by email, in-app notice or another reasonable method before taking effect where required. Smile Editor may require re-acceptance when changes materially affect Customer obligations, Patient Data processing or regulated use.

26. Entire Agreement

These Terms, the Privacy Policy, applicable DPA, BAA, Order Form, SLA and other expressly incorporated documents constitute the agreement for the Service. In case of conflict concerning Patient Data, the DPA controls; for PHI governed by HIPAA, the BAA controls to the extent required by HIPAA.

27. Contact

[LEGAL ENTITY NAME]
[REGISTERED ADDRESS]
Support: [SUPPORT EMAIL]
Privacy: [PRIVACY EMAIL]
Security: [SECURITY EMAIL]