Terms of Service

Effective Date: October 29, 2025
Last Updated: October 29, 2025

1. Introduction and Acceptance of Terms

Welcome to Fixmysmile AI ("we," "our," "us," or "the Service"). Fixmysmile.ai is an independent AI dental visualization platform that enables users to create stunning AI-generated smile simulations with next-generation quality, smart editing capabilities, and intelligent prompt understanding.

By accessing or using Fixmysmile.ai (including our website, web application, mobile applications, and any related services), you agree to be bound by these Terms of Service ("Terms"). If you do not agree with any part of these Terms, you must not use our Service.

Important: These Terms constitute a legally binding agreement between you and Fixmysmile.ai. Please read them carefully.

2. Eligibility and Account Registration

2.1 Age Requirements

To use Fixmysmile.ai, you must:

Be at least 13 years old (or 16 years old if residing in the European Union)
If you are under 18, you must have parental or guardian consent to use the Service

2.2 Account Creation

To access certain features, you must create an account:

Accurate Information: You must provide accurate, complete, and current information during registration
Account Responsibility: You are responsible for maintaining the confidentiality of your account credentials
Unauthorized Access: You must notify us immediately at [email protected] if you suspect unauthorized access to your account
One Account Per User: You may only create one account unless you have our written permission

2.3 Account Termination by User

You may terminate your account at any time by:

Visiting your account settings and selecting "Delete Account"
Contacting us at [email protected]

Upon termination, all your data will be permanently deleted within 30 days (see our Privacy Policy).

3. Acceptable Use of the Service

3.1 Permitted Uses

You may use Fixmysmile.ai for:

Creative Projects: Generating AI smile simulations for personal, educational, or commercial projects
Content Creation: Creating visual content for websites, social media, presentations, and other digital media
Artistic Expression: Exploring AI-generated art and creative visualizations with Fixmysmile AI

3.2 Prohibited Activities

You agree NOT to:

Content-Related Violations:

Upload illegal, harmful, threatening, abusive, harassing, defamatory, or obscene content
Upload content that infringes on intellectual property rights (copyrighted materials without permission)
Upload content containing malware, viruses, or malicious code
Use the Service to generate content that violates any law or regulation

Technical Violations:

Reverse engineer, decompile, or attempt to extract source code from the Service
Use automated tools (bots, scrapers) to access the Service without permission
Attempt to bypass security measures, rate limits, or access controls
Interfere with or disrupt the Service's infrastructure or servers

Commercial Violations:

Resell, redistribute, or sublicense access to Fixmysmile.ai without authorization
Use the Service to create a competing product or service
Scrape content generated by other users without their permission

Abuse and Fraud:

Create multiple accounts to abuse free trials or promotional offers
Use stolen credit cards or payment methods
Impersonate another person or entity
Engage in spam, phishing, or fraudulent activities

3.3 Consequences of Violations

Violation of these Terms may result in:

Immediate account suspension or termination
Loss of access to all content and data (no refunds)
Legal action if applicable
Reporting to law enforcement authorities

4. User Content and Intellectual Property

4.1 Your Content Ownership

You Retain Ownership: You retain all intellectual property rights to the content you upload or create on Fixmysmile.ai (uploaded images, generated images, prompts, etc.)
AI-Generated Content: Content generated by Fixmysmile AI based on your inputs is also owned by you
License to Us: By uploading content, you grant us a limited, non-exclusive, worldwide, royalty-free license to:
- Store and process your content to provide the Service
- Display your content back to you and users you authorize
- Use anonymized, aggregated data for service improvement (without personally identifiable information)

4.2 Fixmysmile.com Intellectual Property

All aspects of the Service, including:

Software, code, algorithms, and infrastructure
Design, layout, branding, and user interface
Documentation, tutorials, and marketing materials

...are owned by Fixmysmile.ai or its licensors and are protected by copyright, trademark, and other intellectual property laws.

You may not:

Copy, modify, or create derivative works of our platform
Use our trademarks or branding without permission
Remove or alter any copyright, trademark, or proprietary notices

4.3 Copyright Infringement (DMCA)

We respect intellectual property rights. If you believe content on Fixmysmile.ai infringes your copyright:

Submit a DMCA Notice to [email protected] with:

Your contact information
Description of the copyrighted work
URL or location of the infringing content
A statement that you have a good faith belief the use is not authorized
A statement that the information is accurate and you are the copyright owner (or authorized to act on their behalf)
Your physical or electronic signature

Counter-Notice: If your content was removed and you believe it was a mistake, you may submit a counter-notice.

We may terminate accounts of repeat infringers.

5. AI-Generated Content and Accuracy

5.1 AI Limitations

Fixmysmile.ai uses advanced AI models to generate smile simulations:

Not 100% Perfect: AI generated designs may contain errors, artifacts, or unexpected results
Review Required: You should always review and verify AI generated designs before using them in production
No Quality Guarantees: We do not guarantee that AI generated designs will meet specific aesthetic, technical, or commercial standards

5.2 Your Responsibility

You are solely responsible for:

Verifying the quality and appropriateness of AI generated designs
Ensuring your use of Fixmysmile.ai complies with applicable laws and regulations
Not using AI generated designs in ways that violate third-party rights or terms of service

5.3 No Professional Advice

Fixmysmile.ai does not provide:

Legal, financial, or professional advice
Professional design services or personalized creative consulting
Guarantees about AI image quality, commercial viability, or copyright status

6. Subscription Plans and Billing

6.1 Free and Paid Plans

Fixmysmile.ai offers:

Free Plan: Limited features and usage quotas
Paid Plans: Subscription tiers with additional features and higher usage limits (if available)

Pricing details are available on our website at https://fixmysmile.ai.

6.2 Payment Terms

Billing Cycle: Subscriptions are billed monthly or annually (as selected)
Auto-Renewal: Subscriptions automatically renew unless you cancel before the renewal date
Payment Method: We use third-party payment processors (such as Creem) to process payments securely; we do not store your credit card information
Taxes: Prices exclude applicable taxes (VAT, sales tax, etc.), which will be added at checkout

6.3 Price Changes

We may change subscription prices with 30 days' advance notice
Price changes will not affect your current billing cycle; new prices apply upon renewal
You may cancel your subscription before the renewal date to avoid the new pricing

6.4 Cancellation and Refunds

Cancellation:

You may cancel your subscription at any time through your account settings
Upon cancellation, you will retain access until the end of your current billing period
No further charges will occur after cancellation

Refund Policy:

No Refunds: All payments are non-refundable except as required by law
Exceptions: If you experience technical issues preventing use of the Service, contact us at [email protected] within 7 days of payment

Free Trial:

Free trials (if offered) are available once per user
If you do not cancel before the trial ends, your payment method will be charged
We will send a reminder email before charging you

6.5 Downgrading

If you downgrade from a paid plan to a free plan:

You may lose access to premium features
Your content will not be deleted, but you may have limited access until you upgrade again

7. Service Availability and Modifications

7.1 Service Uptime

We strive to maintain high availability, but:

No Guarantee: We do not guarantee uninterrupted, error-free, or secure service
Maintenance: We may perform scheduled maintenance (with advance notice when possible)
Downtime: Occasional downtime may occur due to technical issues, updates, or third-party service failures

7.2 Service Modifications

We reserve the right to:

Modify, suspend, or discontinue any feature or the entire Service at any time
Change usage limits, quotas, or features of any plan
Provide notice of material changes when possible

No Liability: We are not liable for any modification, suspension, or discontinuation of the Service.

8. Data Privacy and Security

8.1 Privacy Policy

Your use of Fixmysmile.ai is also governed by our Privacy Policy, which explains:

What data we collect
How we use and protect your data
Your privacy rights (GDPR, CCPA, etc.)

8.2 Data Security

We implement industry-standard security measures, including:

Encryption (TLS/SSL for data in transit, AES-256 for data at rest)
Access controls and authentication
Regular security audits

However:

No system is 100% secure
We cannot guarantee absolute security against unauthorized access or data breaches
You are responsible for safeguarding your account credentials

8.3 Data Backup

We perform regular backups of user data
Your Responsibility: You should maintain your own backups of important content
We are not liable for data loss due to service failures or account termination

9. Third-Party Services and Links

9.1 Third-Party Integrations

Fixmysmile.ai uses third-party services, including:

AI Providers: Our AI partners (for smile simulation generation)
Payment Processing: Stripe, PayPal, Creem (for billing)
Cloud Hosting: Vercel, AWS (for infrastructure)
Analytics: Google Analytics (for usage tracking)

Your use of these services is subject to their own terms and privacy policies.

9.2 External Links

Fixmysmile.ai may contain links to external websites (e.g., social media platforms, educational resources):

We are not responsible for the content or practices of external sites
We do not endorse external sites by linking to them
You access external sites at your own risk

10. Disclaimers and Warranties

10.1 "AS IS" and "AS AVAILABLE"

Fixmysmile.ai is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied, including but not limited to:

Warranties of merchantability or fitness for a particular purpose
Warranties that the Service will be uninterrupted, error-free, or secure
Warranties that AI generated designs will be accurate, complete, or suitable for any specific purpose

10.2 No Marketing Guarantees

We do not guarantee:

Specific AI image quality or aesthetic results
Commercial viability of AI generated designs
Compliance with specific technical requirements or platform guidelines

10.3 Third-Party AI Accuracy

AI models may generate incorrect, biased, or inappropriate images. We are not responsible for:

Errors, artifacts, or unexpected results in AI generated designs
Reliance on AI generated designs for critical business or legal purposes
Consequences of using AI generated designs in commercial or public contexts

11. Limitation of Liability

11.1 Maximum Liability

To the fullest extent permitted by law, Fixmysmile.ai's total liability for any claim arising from your use of the Service is limited to:

The amount you paid to Fixmysmile.ai in the 12 months prior to the claim, or
$100 USD, whichever is greater

11.2 Excluded Damages

We are not liable for:

Indirect, incidental, consequential, special, or punitive damages
Lost profits, revenue, data, or business opportunities
Cost of substitute goods or services
Damages arising from:
- Unauthorized access to your account
- Data loss or corruption
- Service interruptions or downtime
- Errors in AI-generated content
- Third-party actions (AI providers, payment processors, etc.)

11.3 Jurisdictional Exceptions

Some jurisdictions do not allow limitation of liability for certain damages. In such cases, our liability is limited to the maximum extent permitted by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless Fixmysmile.ai, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

Your use of the Service
Your violation of these Terms
Your violation of any law or third-party rights
Content you upload or generate with Fixmysmile AI
Unauthorized access to your account due to your negligence

This indemnification obligation survives termination of these Terms.

13. Dispute Resolution and Arbitration

13.1 Informal Dispute Resolution

Before filing a legal claim, you agree to attempt to resolve disputes informally by contacting us at [email protected]. We will attempt to resolve the dispute within 30 days.

13.2 Binding Arbitration

If informal resolution fails, disputes will be resolved through binding arbitration rather than in court, except:

Small claims court actions (if eligible)
Intellectual property disputes
Claims for injunctive relief

Arbitration Rules:

Conducted under the rules of the American Arbitration Association (AAA)
Location: United States
You may participate remotely (via phone/video)

Class Action Waiver:

You agree to resolve disputes individually, not as part of a class action or consolidated proceeding
You waive your right to participate in class actions

13.3 Exceptions

The following are exempt from arbitration:

Claims that must be resolved in small claims court
Claims related to intellectual property infringement

14. Governing Law and Jurisdiction

14.1 Governing Law

These Terms are governed by the laws of United States, without regard to conflict of law principles.

14.2 Jurisdiction

For disputes not subject to arbitration, you agree to the exclusive jurisdiction of courts located in United States.

14.3 International Users

If you access Fixmysmile.ai from outside your country of residence, you are responsible for compliance with local laws.

15. Changes to These Terms

15.1 Right to Modify

We may update these Terms at any time to reflect:

Changes in the Service
Legal or regulatory requirements
Business practices or policies

15.2 Notification

We will notify you of material changes by:

Posting the updated Terms on our website (with a new "Last Updated" date)
Sending an email to your registered address (for significant changes)
Displaying a prominent notice on the Service

15.3 Acceptance

Your continued use of the Service after changes take effect constitutes acceptance of the new Terms.

If you do not agree with the changes, you must stop using the Service and may close your account.

16. Termination

16.1 Termination by You

You may terminate your account at any time (see Section 2.3).

16.2 Termination by Us

We may suspend or terminate your account immediately, without notice or refund, if:

You violate these Terms
Your use poses a security or legal risk
Your account is inactive for 12 months (we will send a warning first)
We discontinue the Service entirely

16.3 Effect of Termination

Upon termination:

Your access to the Service will be revoked immediately
Your content will be deleted within 30 days (see our Privacy Policy)
No refunds will be issued for unused subscription time
Provisions of these Terms that should survive termination (e.g., indemnification, liability limitations) will remain in effect

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Fixmysmile.ai regarding the Service.

17.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

17.3 Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

17.4 Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms (e.g., in the event of a merger or acquisition) without your consent.

17.5 Force Majeure

We are not liable for delays or failures in performance resulting from causes beyond our reasonable control (e.g., natural disasters, war, pandemics, internet outages, government actions).

17.6 Export Controls

You agree to comply with all applicable export and import laws and regulations when using the Service.

17.7 U.S. Government Users

If you are a U.S. government entity, the Service is a "commercial item" as defined in 48 C.F.R. §2.101, and you agree to these Terms.

18. Contact Information

If you have questions about these Terms, please contact us:

General Support
Email: [email protected]
Website: https://fixmysmile.ai

Legal Inquiries
Email: [email protected]

Data Protection Officer
Email: [email protected]

Mailing Address Fixmysmile.ai 1209 Orange Street Wilmington, DE 19801, United States

19. Acknowledgment

By using Fixmysmile.ai, you acknowledge that you have:

Read and understood these Terms of Service
Agreed to be bound by these Terms
Reviewed our Privacy Policy
Met the eligibility requirements (age, etc.)

20. Disclaimer

Fixmysmile.ai is an independent platform. We are not affiliated with, endorsed by, or sponsored by Align Technology, Inc. (Invisalign®), or any specific dental product manufacturer unless explicitly stated. We provide access to AI dental visualization tools for educational and demonstrative purposes only.

Thank you for using Fixmysmile.ai! We are committed to providing a powerful and reliable AI smile simulation platform.

Version History:

Version 1.0 (October 29, 2025): Initial Terms of Service

Last Reviewed: October 29, 2025