Terms of Service

1. Definitions

• "Smile PreVue," "we," "us," or "our" means Yikes Dude LLC, doing business as Smile PreVue.
• "Service" means the Smile PreVue web application, iOS app, marketing website, APIs, and any related software or documentation we provide.
• "Clinic" or "Practice" means the licensed dental practice (or dental student/resident workspace) that holds an account on the Service.
• "You" or "User"means the individual using the Service. If you are using the Service on behalf of a Clinic, "you" also includes that Clinic and you represent that you have authority to bind it to these Terms.
• "Patient Data"means information about a Clinic's patients that the Clinic uploads to or generates within the Service, including photographs and AI-generated simulations. Patient Data is Protected Health Information (PHI) under HIPAA.
• "BAA" means a Business Associate Agreement under HIPAA. "Covered Entity" and "Business Associate" have the meanings given in 45 CFR §160.103.

2. Acceptance of Terms

By creating an account, signing in, or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service. These Terms constitute a binding agreement between you (and your Clinic) and Yikes Dude LLC.

If you create an account on behalf of a Clinic, you represent and warrant that (a) you are at least 18 years old, (b) you have the legal authority to bind that Clinic, and (c) the Clinic accepts these Terms.

3. The Service

The Service is an AI-powered smile-visualization platform designed for licensed dental professionals. It enables a Clinic to capture or upload a patient photo, generate an AI-simulated preview of cosmetic dental treatment outcomes, maintain patient records, track treatment-conversion status, record HIPAA consent, and share simulations with patients via email, SMS, or PDF.

We may change, add, or remove features of the Service at any time. We will not materially reduce core paid functionality during a billing period without giving Clinics reasonable notice and a refund or credit for the affected period.

4. Eligibility & Account Registration

The Service is offered exclusively to (a) U.S. licensed dental professionals and the staff they authorize to use the Service on their Clinic's behalf, and (b) enrolled dental students and residents at accredited U.S. dental institutions. By creating an account you represent that you fall into one of these categories.

The Service is not for use by, and may not be accessed by, any person under the age of 18. The Service is not directed at or intended for individual consumers or patients. See our Privacy Policy for our handling of unauthorized minor accounts.

You are responsible for the accuracy of the information you provide at registration, for keeping your credentials secure, for all activity under your account, and for promptly notifying us at hello@smileprevue.com of any unauthorized use. You may not share login credentials with anyone outside your Clinic. Each individual user must have their own account.

We may refuse, suspend, or terminate accounts at our discretion for any reason permitted by law, including suspected violation of these Terms or applicable healthcare regulations.

5. Subscriptions, Billing, and Refunds

Plans. The Service is offered on a recurring monthly or annual subscription basis. Current pricing is shown on our pricing page and at checkout. Listed prices are in U.S. dollars and exclude any applicable taxes, which we will collect where required by law.

Auto-renewal. Subscriptions automatically renew at the end of each billing period at the then-current rate using your card on file unless you cancel before the renewal date. Cancellation stops future renewals; it does not refund the current period.

Free trial. New non-referral accounts receive a 3-day free trial without a credit card. The trial reverts to a non-paid status if a subscription is not started.

Complimentary periods (referrals). When you activate a complimentary access period through a referral invite, you must add a valid payment method at activation. We do not charge during the complimentary period. At the end of the period, your card is automatically charged for the plan you selected unless you cancel beforehand. Cancelling during the complimentary period preserves your access through the end of the period and prevents the post-period charge.

iOS in-app purchases.If you purchase a subscription through Apple's App Store, the purchase is also subject to Apple's standard EULA and payment terms, and Apple handles billing, refunds, and cancellation. The annual plan is web-only and not available via in-app purchase.

Refunds. Subscription fees are generally non-refundable. We do not offer prorated refunds for partial periods, downgrades mid-period, or unused features. We may, at our sole discretion, offer refunds in cases of duplicate charges or extended Service unavailability.

Price changes.We may change subscription prices. We will provide at least 30 days' notice before a price change takes effect on your next renewal. Continued use after the effective date is acceptance of the new price.

Failed payments. If a charge fails, we will retry over a 14-day window. If all retries fail, we will cancel the subscription. The Clinic remains responsible for any unpaid fees incurred during the access period.

6. Acceptable Use

You agree to use the Service only for legitimate clinical and business purposes that comply with applicable law and your professional obligations. You agree not to:

• Represent AI-generated simulations as guaranteed clinical outcomes, completed treatment, or actual photographs of a patient's post-treatment results
• Upload images of any person (including yourself) without first obtaining the consent required by HIPAA, state law, and your own clinical practice
• Use the Service to create misleading, fraudulent, deceptive, defamatory, harassing, or sexually explicit content, or content depicting any real person without consent
• Reverse-engineer, decompile, disassemble, or attempt to derive source code, AI models, weights, prompts, or training data from the Service
• Use the Service or its outputs to develop a competing product, train a competing AI model, or scrape data
• Resell, sublicense, rent, lease, or commercially redistribute access to the Service to third parties without our written consent
• Share login credentials with anyone outside your Clinic; each user must have their own account
• Bypass, attempt to bypass, or interfere with rate limits, security controls, audit logging, or access restrictions
• Use automated means (scrapers, bots) to access the Service except for our published APIs and only as documented
• Upload viruses, malware, or any code intended to disrupt the Service
• Use the Service in violation of HIPAA, state dental-board rules, advertising regulations, FTC guidance on AI-generated content, or any other applicable law

We may investigate suspected violations and may suspend accounts immediately when violation is reasonably suspected, with or without prior notice.

7. Patient Data & HIPAA

Your Clinic is the Covered Entity under HIPAA with respect to the Patient Data it uploads. Smile PreVue acts as a Business Associate. By accepting these Terms, you also accept our standard Business Associate Agreement (BAA), which is incorporated by reference. A countersigned BAA is available on request to privacy@smileprevue.com.

You are responsible for: (a) obtaining patient consent required by HIPAA, state law, and your clinical practice before uploading patient photos or generating simulations; (b) ensuring the accuracy of the data you enter; (c) fulfilling patient access, amendment, and accounting-of- disclosure requests under the HIPAA Privacy Rule, with our cooperation as required by the BAA; and (d) using the Service only for purposes consistent with your obligations as a Covered Entity.

You retain ownership of all Patient Data your Clinic stores on the Service. We do not access Patient Data except as necessary to provide and secure the Service, and we do not use Patient Data to train AI models.

8. AI-Generated Content

Smile simulations are generated by AI and are visualizations only. They are not clinical diagnoses, treatment plans, prosthetic designs, or guaranteed outcomes. They have not been reviewed or approved by the U.S. Food and Drug Administration as a medical device. Actual clinical results depend on factors AI cannot account for, including but not limited to underlying anatomy, periodontal health, occlusion, material selection, lab work, and patient compliance.

The dental professional is solely responsible for evaluating the clinical appropriateness of any treatment, setting realistic patient expectations, and clearly identifying simulations as previews when presenting them to patients. You must not represent simulations as actual results, finished cases, or clinical promises.

You are responsible for the simulations you generate. The Service produces output based on the inputs and selections you provide. You are responsible for reviewing each simulation before sharing it with a patient and for any consequences of how you use it in your practice.

9. Intellectual Property

Our IP. The Service, including all software, AI models, designs, branding, copy, documentation, and trademarks, is owned by Yikes Dude LLC or its licensors and is protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service during your subscription, solely for the authorized purposes described in these Terms.

Your IP. Your Clinic retains all rights to the Patient Data and clinic-branding assets (logos, etc.) you upload. You grant us a limited license to host, transmit, process, display, and create derivative works (such as the AI simulation) of that data solely as needed to operate the Service for you.

Feedback. If you send us suggestions, ideas, or feedback about the Service, you grant us a perpetual, irrevocable, royalty-free license to use that feedback for any purpose without obligation to you.

No reverse engineering. You may not copy, modify, decompile, reverse-engineer, or attempt to derive the source code, AI weights, training data, or system prompts of the Service. You may not use Service outputs to train, fine-tune, or evaluate any AI model that competes with us.

10. Privacy

Our handling of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference.

11. Suspension & Termination

By you. You may cancel your subscription at any time from your account settings or by contacting us. Cancellation stops future renewals; it does not refund the current period.

By us, for cause. We may suspend or terminate your access immediately, without refund, if we reasonably believe you have violated these Terms, applicable law, or our BAA, or if your continued use creates a security or legal risk to us or to other users.

By us, without cause.We may terminate any account on 30 days' written notice, in which case we will refund any unused prepaid period.

Effect of termination. Upon termination, your right to access the Service ends. Your Clinic may export its data within 30 days using the export tools we make available; after that window, all Patient Data, simulations, and images are permanently deleted in line with our Privacy Policy. Sections 7-13 of these Terms survive termination.

12. Disclaimers

The Service is provided "AS IS" and "AS AVAILABLE."

To the maximum extent permitted by law, Yikes Dude LLC disclaims all warranties of any kind, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, reliability, and quiet enjoyment. We do not warrant that the Service will be uninterrupted, error-free, secure against all attacks, or that AI-generated outputs will be accurate, appropriate, or suitable for any specific clinical purpose.

Smile PreVue is not a medical device. The Service is not a substitute for clinical examination, diagnosis, or treatment by a licensed dental professional, and nothing in the Service constitutes medical or legal advice.

13. Limitation of Liability

Read this section carefully. It limits our liability to you.

To the maximum extent permitted by law, in no event will Yikes Dude LLC, its officers, directors, employees, or agents be liable to you or any third party for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to lost profits, lost revenue, lost patients, lost business opportunity, loss of goodwill, loss of data, or clinical outcomes, arising out of or relating to the Service or these Terms, even if we have been advised of the possibility of such damages.

Our total cumulative liability arising out of or relating to the Service or these Terms, regardless of the form of action, will not exceed the greater of (a) the amounts you actually paid to us for the Service in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages. If those laws apply to you, the limitations above apply only to the maximum extent permitted.

14. Indemnification

You agree to defend, indemnify, and hold harmless Yikes Dude LLCand its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or relating to (a) your or your Clinic's use of the Service, (b) your violation of these Terms, (c) your violation of HIPAA or any other applicable law or regulation, (d) your failure to obtain required patient consent, or (e) any clinical or business decision made in reliance on a simulation generated by the Service.

15. Modifications to These Terms

We may update these Terms from time to time to reflect changes in our Service or the law. We will provide at least 14 days' notice of material changes by email to active accounts and via an in-app notice. Continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Service before the effective date.

16. Force Majeure

We will not be liable for any delay or failure to perform caused by events outside our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, pandemics, government actions, internet or telecommunications failures, third-party cloud provider outages, or denial-of-service attacks.

17. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Mandatory arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that cannot be resolved through good-faith negotiation will be resolved exclusively by final and binding arbitration administered by JAMS in Travis County, Texas, under JAMS Comprehensive Arbitration Rules. Judgment on the award may be entered in any court of competent jurisdiction.

Class-action waiver. You and we each waive the right to bring or participate in any class, collective, or representative action. All disputes will be resolved on an individual basis. If a court finds the class waiver unenforceable, the entire arbitration agreement is null and void as to the affected dispute, which will then be brought exclusively in the state or federal courts located in Travis County, Texas.

Exceptions. Notwithstanding the arbitration clause above, either party may bring (a) an individual small-claims action in a court of competent jurisdiction, or (b) a court action seeking injunctive or equitable relief to protect intellectual property or to enforce confidentiality.

18. Miscellaneous

• Entire agreement. These Terms, together with the Privacy Policy and the BAA, are the entire agreement between you and us regarding the Service and supersede any prior agreements.
• Severability. If any provision is held unenforceable, the rest of these Terms remain in effect.
• No waiver. Failure to enforce any provision is not a waiver of our right to enforce it later.
• Assignment. You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, financing, or sale of assets.
• Electronic communications. You consent to receive notices, agreements, and disclosures from us electronically. Electronic notices satisfy any legal requirement that such notice be in writing.
• No agency. Nothing in these Terms creates an agency, partnership, joint venture, employment, or franchise relationship.
• Headings. Section headings are for convenience and do not affect interpretation.

19. Contact

For questions about these Terms, contact hello@smileprevue.com. For privacy and data-rights matters, contact privacy@smileprevue.com.

Yikes Dude LLC
Austin, TX