Interpretation and Definitions
Interpretation
The words whose initial letter has been capitalized are significant according to the following criteria. Regardless of whether they are used in the single or plural, the following definitions will all have the same goal.
Definitions
In accordance with these terms and conditions:
The "application" in question is TheSmileApp, which you may download from the firm and use on any tablet or smartphone.
The phrase "App Store" directs to Google, Inc.'s (Google Play Store) or Apple Inc.'s (Apple App Store) online marketplace where people can download, launch, and use applications.
An affiliate is referred to as an organization that either controls, is owned by, or shares control with another party; "control" is specified as having an ownership stake of 50% or more of the equity interest, claims, or other securities that are allowed to vote on the election of directors or other matters of management power.
The term refers to Countries like North Carolina United States.
Throughout the overall context of this contract, "the Company," "We," "Us," or "Our" refers to TheSmile App LLC, located at 3714 Spicetree Dr., Wilmington, NC 28412.
The device relates to any device—such as a desktop or laptop machine, smartphone, or tablet—that is capable of accessing the Service.
An application is referred to as the Service.
The terms and conditions that drive up the total contract between You and the Company for the benefit of the Application are referred to as the "Terms and Conditions" (also called "Terms").
A third party's data, data, goods, or services that are shown, mixed, or publicly available by the platform will be referred to as third-party social media services.
You refer to the person using the Service, the business, or an additional legal entity that the person using the Service acts on behalf of, as appropriate.
Acknowledgement
These are the terms and conditions that involve to your utilization of this Service, as well as the terms of the deal that you signed with the firm. The Terms and Conditions define all subscribers' rights and duties in connection to using the Service.
Approval and adherence to these Terms and Conditions are necessary for using the Service and gaining access to it. Every single user, visitor, and everyone else who makes use of the Service is subject to these Terms and Conditions.
You accept these Terms and Conditions when you utilize the feature or by accessing it. You aren't allowed to use the Service in the event that You differ with any aspect of these Terms and Conditions.
You affirm that you are younger than 18. The Company prohibits users under the legal age of 18 from accessing the Service.
Approval and adherence to the Company's Privacy Policy are further requirements for your access to and use of the Service. In addition to giving details about Your rights to privacy and your legal protections, Our Privacy Policy outlines Our guidelines and procedures concerning the collection, utilization, and dissemination of Your data when You access the mobile app or the Website. Before accessing our Service, please thoroughly review our privacy statement.
Connections to Different Websites
Links to external websites or applications that are not underneath the scope of the Company's ownership or control may appear in our Service.
The Company disclaims all liability with regard to the confidentiality practices, content, and policies of any third-party sites or applications on which it has no authority. You also understand and agree that the Company will not be held directly or indirectly accountable for any loss or damage that is claimed to have been caused by using or depending on any of the products, services, or content that are made available on or through any of these websites or services.
Checking these terms and conditions and the privacy policies of any third-party sites or applications you see is highly urged.
Termination
You are deeply urged to read the privacy policies and terms of Service of any third-party apps or websites you visit.
The right to avail yourself of the Service will come to an end automatically after termination.
Limitation of Liability
Every possible accountability of the Company and any of its suppliers under any provision of these Terms, irrespective of the harm that You may suffer, shall be restricted to the amount that You truly paid through the Service, or USD 100 if You did not make any purchases through the Service.
To the greatest extent allowed by the relevant laws, neither the Company nor its suppliers shall be liable for any special, incidental, indirect, or consequential losses of any kind (including, but not limited to, damages for loss of profits, loss of data or other information, business disruption, personal harm, or loss of privacy) resulting out of or in any way associated with the use or a failure to use the Service, third-party software, and third-party hardware.
Because a few states prevent the excluding of implied warranties or the limitation of responsibility for accidental or consequential losses, most of the neglecting limits may not apply. Each party's accountability shall be prohibited to the greatest potential degree permissible by law in these states.
"AS IS" and "AS Obtainable" Release
The product or Service is offered to You "AS IS" and "AS AVAILABLE" with all errors and defects, as well as without any term or warranty of any sort. To the greatest scope let by the suitable laws, the Company explicitly disclaims every warranty, whether or not conveyed, suggested, mandatory, or otherwise, in relation to the Service, such as all implied warranties of merchantability, fitness for a specific purpose, title, and non-infringement, as well as guarantees that may arise out of course of dealing, course of performance, or otherwise. lack of limiting the preceding, the Company renders no assurance or undertaking. It makes no representation that the customer service will satisfy Your needs, succeed in any desired outcomes, be compatible or work with any other software, systems, apps, or services, operate with no delay, connect to any quality or reliability standards, or be free of fault, or that any errors or defects can or will be corrected.
Without restricting what has already been said, neither the Company nor any of its providers renders any implied or explicit illustration or warranty of any kind:
As to the operation or access of the Service or the data, content, materials, or products included therein.
That the Service will be unaltered or error-free.
As to the accuracy, reliability, or currency of anything that is provided through the Service.
Because certain countries do not permit the prohibition of specific kinds of warranties or limits on the customer's relevant legal entitlements, some or all of the preceding exclusions and limitations may not apply to You. However, in such a circumstance, the exclusions and restrictions set out in this section shall apply to the fullest extent permitted by relevant law.
Governing Law
The legal system of the country, except for any conflicts in legal regulations, will apply to these Terms and your utilization of the Service. Other regional, state, national, or international laws might be relevant to your usage of the App.
Disputes Resolution
If You have issues or a disagreement with regard to the Service, You agree to first attempt to resolve it privately by contacting the Company.
For European Union (EU) Users
If you are a European Union customer, you are entitled to benefits from any necessary clauses in the laws of the country wherever you live.
United States Legal Compliance
You confirm and warrant that (i) you aren't situated in a country subject to United States government sanctions or that it has been chosen as a "terrorist promoting" country by the United States administration, and (ii) you aren't included on any United States government list of banned or excluded parties.
Severability and Waiver
Severability
Suppose any clause within these Terms proves to be unlawful or unreliable. In that case, that clause will be modified and viewed to achieve the goals of that section to the maximum degree practicable under the relevant legislation. At the same time, all other provisions stay in full force and impact.
Waiver
With the exception as specifically provided below, a party's inability to exercise a right or require the execution of a commitment underneath these Terms will not impact that party's potential to utilize such right or need such performance at any time afterwards, nor shall the absence of an infraction constitute a waiver of any subsequent violation.
Translation Interpretation
If We are making these Terms and Conditions accessible to You through our Service, they might have been professionally modified. You understand that in the instance of a disagreement, the original English content will take priority.
Changes to These Terms and Conditions
We have the authority to modify or update these Terms at any moment, in our sole opinion. We shall make every attempt to give at least 30 days' notice before any new terms take place if a modification is significant. Our sole judgment will be used to figure out whether alterations are considered essential.
Once the modifications take effect, you acknowledge to be bound by the newly modified terms by accessing or using The Service We Offer as before. Please send your use of the website and the Service if You do not accept the amended terms, in full or in part.
Contact Us
You are welcome to get in touch with us directly if you are experiencing queries about these terms and conditions:
By email: thesmileappinquiries@gmail.com