Terms of Use

1. Acceptance of Terms

Welcome to HelloSmile! These Terms of Use ("Terms") constitute a legally binding agreement between you and HelloSmile Inc. ("HelloSmile," "we," "our," or "us") governing your use of the HelloSmile mobile application (the "App"), website, and related services (collectively, the "Services").

By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not access or use our Services. If you are accessing or using the Services on behalf of a business or entity, you represent that you have authority to bind that business or entity, and your acceptance of these Terms will be treated as acceptance by that business or entity.

2. Changes to Terms

We may modify these Terms at any time. If we make changes, we will provide notice by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Services after we post any modifications to the Terms will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Terms.

For significant changes to these Terms, we will make reasonable efforts to provide more prominent notice, such as an email notification. Significant changes will take effect 30 days after such notification. Non-material changes or clarifications will take effect immediately.

3. Eligibility

You must be at least 13 years of age to use the Services. By using the Services, you represent and warrant that:

• You are at least 13 years of age and, if under 18 or the legal age of majority in your jurisdiction, you have the permission of your parent or legal guardian to use the Services.
• You are not prohibited from receiving the Services under the laws of your country of residence or any other applicable jurisdiction.
• You are responsible for ensuring that your use of the Services complies with all laws, regulations, and rules applicable to you.

If you are a parent or legal guardian of a user under the age of 18, you agree to be fully responsible for the acts or omissions of such user in relation to the Services.

4. Account Registration

To access certain features of the Services, you may be required to register for an account. When you register, you agree to provide accurate, current, and complete information and to update this information to maintain its accuracy. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You agree to notify us immediately of any unauthorized use of your account. We will not be liable for any loss or damage arising from your failure to protect your password or account information.

We reserve the right to disable any user account if we believe you have violated these Terms or if we determine, in our sole discretion, that your use of the Services poses a risk to the Services or other users.

5. License and App Usage

Subject to your compliance with these Terms, HelloSmile grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on a mobile device that you own or control. This license is for the sole purpose of enabling you to use and enjoy the benefits of the Services as provided by HelloSmile, in the manner permitted by these Terms.

5.1 Restrictions

You may not:

• Copy, modify, or create derivative works based on the App or the Services;
• Distribute, transfer, sublicense, lease, lend, or rent the App to any third party;
• Reverse engineer, decompile, or disassemble the App;
• Make the App available over a network where it could be used by multiple devices at the same time;
• Use the Services in any way that violates these Terms or any applicable laws;
• Use the Services for any illegal or unauthorized purpose;
• Use the Services to infringe or violate the rights of others.

5.2 App Store Conditions

If you downloaded the App from the Apple App Store, you acknowledge that these Terms are between you and HelloSmile, not with Apple, and Apple is not responsible for the App or its content. If you downloaded the App from Google Play, you acknowledge that these Terms are between you and HelloSmile, not with Google, and Google is not responsible for the App or its content.

6. User Conduct

You are solely responsible for your conduct while using the Services. You agree not to use the Services for any purpose that is illegal or prohibited by these Terms, or to engage in any activity that could damage, disable, overburden, or impair the Services.

Specifically, you agree not to:

• Use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services;
• Attempt to circumvent any content filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access;
• Introduce any viruses, trojan horses, worms, logic bombs, or other malicious code into the Services;
• Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services;
• Collect or store any personally identifiable information from the Services from other users without their express permission;
• Use the Services for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms.

7. Intellectual Property

The Services and their original content, features, and functionality are and will remain the exclusive property of HelloSmile and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of HelloSmile.

7.2 User Content

You retain ownership of any intellectual property rights that you hold in content that you submit, post, or display on or through the Services ("User Content"). By submitting, posting, or displaying User Content, you grant HelloSmile a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in connection with the Services.

You represent and warrant that: (i) you own the User Content submitted by you or have the right to grant the license set forth above, and (ii) the posting of your User Content does not violate the privacy rights, publicity rights, copyright, contract rights, or any other rights of any person or entity.

8. Smile Points and Rewards

The HelloSmile App includes a rewards system where users can earn "Smile Points" for completing various activities, such as daily smile practice sessions.

8.1 Nature of Smile Points

Smile Points have no monetary value, cannot be exchanged for cash, and are not a currency or any form of legal tender. Smile Points are a limited, non-transferable, non-sublicensable, revocable license to use features within the HelloSmile App.

8.2 Earning and Using Smile Points

Smile Points are earned by completing specified activities within the App. The rate at which Smile Points are earned and the activities that earn Smile Points may change at any time at HelloSmile's sole discretion. HelloSmile reserves the right to limit, modify, or eliminate Smile Points at any time.

8.3 Account Termination

Upon termination of your account for any reason, you will forfeit all accumulated Smile Points, and you will have no further rights to such Smile Points or to any features or benefits associated with Smile Points.

9. Privacy Policy

Your privacy is important to us. Our Privacy Policy, which is incorporated into these Terms, explains how we collect, use, and disclose information about you. By using the Services, you consent to the processing of your information as described in our Privacy Policy.

Please review our Privacy Policy carefully. If you do not agree with our Privacy Policy, please do not use our Services.

10. Disclaimer of Warranties

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HELLOSMILE, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF HELLOSMILE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

12. Indemnification

You agree to defend, indemnify, and hold harmless HelloSmile, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services.

13. Termination

We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason, including, without limitation, if you breach these Terms.

Upon termination, your right to use the Services will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of Korea, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

15. Contact Information

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