Smilewave Clear Aligner System – Terms of Service

 

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE PURCHASING OR ACCESSING PRODUCTS AND/OR SERVICES THROUGH SMILEWAVE CLEAR ALIGNER SYSTEM (ALSO REFERRED AS “SMILEWAVE”). YOUR USE OF PRODUCTS AND/OR SERVICES CONSTITUTES YOUR ACCEPTANCE OF AND CONSENT TO THE TERMS OF THIS DOCUMENT.

  1. This T&Cs are between Smilewave Clear Aligner System, as applicable (“Smilewave,” “we,” “our,” or “us,”), and you and any dental or orthodontic Practice that you represent (“you,” or “your”). This T&Cs governs your purchases of our products and/or related services except where we have expressly otherwise agreed in writing. This T&Cs, and any additional terms for a Product or Service, whether provided separately or incorporated herein, form a legally enforceable contract between you and Smilewave for the Products and Services you purchase.

 

  1. You are Smilewave’s customer, and you agree that, in order to purchase or access our Products and/or Services, you must be licensed or registered to practice dentistry or orthodontics without restriction in the United States. If you, your dental or orthodontic practice, or any partnership, limited liability company, corporation, or other legal entity for or with which you practice (“Practice”) is named on an Smilewave invoice(s) and/or remits payment for Products or Services itemized on an Smilewave invoice(s) on which you are named, then Smilewave is entitled to assume that it is in fact you, the licensed or registered dentist or orthodontist, using the Smilewave Clear Aligner System and placing orders for our Products or Services, and that, where applicable, you are doing so with all requisite authority. Under these circumstances, the Practice will also be considered Smilewave’s customer, and you and the Practice shall be jointly liable for any and all of your obligations under the terms of this document.

 

  1. You must read and understand the T&Cs of this document before downloading any materials or software related to our Products or Services, uploading any Patient information, or placing any order for Products or Services because, in each case, a contract will be formed, and, except where we have expressly agreed otherwise in writing, you will be bound by the terms of this document.

 

  1. You agree to pay all Smilewave invoices as directed in the invoice in full and in cleared funds. Invoices are due within thirty (30) days of the date of invoice, unless otherwise mutually agreed in writing by the parties or as otherwise stated in the invoice.

 

  1. Limitation of Liability. EXCEPT AS SET FORTH IN THIS SECTION, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFITS OR (B) ANY OTHER DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT OR TORT, OR OTHERWISE, THAT EXCEED THE AMOUNT OF THE FEES PAID UNDER THIS AGREEMENT.

 

  1. SMS Communications: If you voluntarily choose to receive SMS communications from Smilewave by providing your mobile phone number and expressly opting in through our Doctor Portal Access Request form or another authorized enrollment method, you consent to receive operational and transactional text messages related to your Smilewave account and services. These messages may include, but are not limited to, portal account notifications, case submission confirmations, case status updates, shipment notifications, and other business-related communications. Smilewave uses SMS communications solely for operational and transactional purposes related to the Smilewave Doctor Portal and associated services. Your consent to receive SMS messages is voluntary and is not a condition of obtaining access to the Smilewave Doctor Portal or our services. Message frequency may vary. Message and data rates may apply based on your mobile carrier’s plan. You may opt out of receiving SMS messages at any time by replying STOP to any SMS message. For assistance, reply HELP to any SMS message or contact us using the information provided on our website. SMS consent is not shared with third parties or affiliates for marketing purposes.

 

  1. Your use of the Smilewave website, Doctor Portal, and related services is also subject to our Privacy Policy.

 

  1. By logging in to the smilewave portal you are agreeing to all the terms and conditions stated above.