Please review the following terms of use ("Agreement"), which govern your use of this website, located at prestosmile.com and all affiliated subdomains and affiliated URLs (the "Site"), the PrestoSmile® mobile applications (the “Applications”), and the shopping and other services offered on the Site and the Applications (collectively, the “Services”). Your use of the Site, Applications, and/or registration for any Services will constitute your agreement to comply with the terms of this Agreement. If you cannot agree to and comply with this Agreement and its requirements, please do not use the Applications and Services and exit the Site. This Agreement is between you on the one hand and Presto Smile, Inc., or their parents, subsidiaries, related entities, or affiliates, or affiliated dental professionals (collectively “PS”) on the other. The terms “we”, “us” or “our” shall refer to PS. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement, has access to your account, or uses the Site, Applications, or Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
Please read this agreement carefully. This Agreement contains a mandatory arbitration provision and provisions that govern how claims that you and we have against each other—including, but not limited to, relating to the Site and Services—are resolved. Specifically, the arbitration provision (with limited exception for proceeding in small claims court) requires disputes between us to be submitted to binding and final arbitration on an individual basis, rather than jury trials or class actions.
Privacy Policy
In addition to reviewing this Agreement, you should also read our Privacy Policy to better comprehend how we collect and use your personal information. Your use of the Site and Applications constitutes your agreement to the terms and conditions of the Privacy Policy.
Changes to Agreement and Additional Rules of Usage
PrestoSmile® reserves the right, at any time and without prior notice, to modify, alter or update this Agreement. The date of the most recent revision will appear on this page. Continued access to the Site and Applications, and use of the Services by you, will constitute your acceptance of any changes or revisions to the Agreement.
PrestoSmile® also reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the Site and/or Applications, which may be posted in the relevant parts of the Site and Applications and will be clearly identified. Your continued use of the Site and Applications constitutes your agreement to comply with these additional rules.
Suspension or Termination of Your Use
Your failure to follow the requirements of this Agreement may result in suspension or termination of your access to the Services, without notice, in addition to Presto Smile’s other remedies. Presto Smile further reserves the right to terminate, without notice, any user's access to or use of the Site and Applications for any reason.
Ownership of the Site and Applications and Site and App Information
The Site and Applications are expressly owned and operated by PrestoSmile®. Unless otherwise noted, the design and content features on the Site and Applications, including information and other materials, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, photography, text, data, audio sound, software and the like, as well as the selection, assembly and arrangement thereof (the "Site and App Information"), are owned by Presto Smile or its affiliates or are licensed from third party service providers by PrestoSmile®. The Site and Application, as a whole and in part, is protected by copyright, trademark, service mark, trade name, and other intellectual property and other proprietary rights, and all other applicable rights are reserved.
Site and App Information is Provided "As Is"
Site and App Information is provided "as is" with all faults. You use the Site and App Information, as authorized herein, at your own risk. Site and App Information may contain errors, omissions, or typographical errors or may be out of date. The Site and Applications may change, delete or update any Site and App Information at any time and without prior notice.
Use of the Service By You
You may view and use the Site and App Information only for your personal information, treatment tracking and management, and for shopping and ordering on the Site. Except as set forth in this Agreement, the Site and Applications do not grant to you any right to use, reproduce, copy, modify, transfer, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method or process any Site and App Information. Your right to use the Site, Applications, and the Services is personal to you—you may not authorize others to use the Site, Applications, and the Services, and you are responsible for all use of the Site and Applications and the Services by you and by those you allow to use, or provide access to, the Site, Applications, and the Services. You agree to use the Site, Applications, and the Services only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
Smile Mockup Subject Data Retention and Access Control
We store subject images and AI generated smile mockups, the date they were created, and the subject’s age and gender entered by the user. The subject is identified by an anonymous numerical identifier. Aside from the subject image, no face data is stored. Data used by the AI is discarded post AI processing. No personally identifiable information (PII) of a subject is stored. A subscriber can delete subject images and data at their discretion. In the event a subscriber decides to terminate their subscription, any subject images and data stored on the system are retained for thirty (30) days as a courtesy and deleted from the system. This is as per subscription terms and conditions.
The images and mock-ups are partitioned by a specific subscriber and isolated from other subscribers. Within a subscriber account, role-based access control (RBAC) prevents users from accessing information to which they are not entitled. PrestoSmile has also implemented defense-in-depth controls to prevent unauthorized access of subject data.
PrestoSmile does not share data with 3rd parties. By our subscription terms and conditions, subjects are required to sign a consent if a subscriber wishes to share the subject’s data with a 3rd party.
Commercial Use Only
The Site and Applications are for the personal use of individuals only and may only be used in connection with commercial endeavors. Organizations, companies and/or businesses may use the Services, the Site and App Information or the Site and Applications for smile mockup purposes only with written consent of or agreement with PrestoSmile®. You agree not to make use of Site and App Information by publication, re-transmission, distribution, performance, caching, or otherwise, except as permitted by law or as expressly permitted in writing by this Agreement or PrestoSmile®. Illegal and/or unauthorized uses of the Site and Applications, including efforts to collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Site and Applications, will be investigated and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
Eligibility to Use the Site, Applications, and the Services
The Site, Applications, and the Services are not intended for users under the age of 18, however users under the age of 18 may access the Site, Applications, and the Services as detailed below. To register for any Services offered on the Site or Applications, you must be 18 years of age or older. If you are a minor under the age of 18, you may only use the Site and/or Applications in conjunction with your parents or guardians. Presto Smile does not knowingly collect personally identifiable information from users under the age of 13. Children under 13 should not use the Site and Applications. If a child under 13 submits information through any part of the Site or Applications, and Presto Smile becomes aware that the person submitting the information is a child, we will attempt to delete this information as soon as possible. If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind the corporate entity to the terms contained within the Agreement.
14-Day Free Trial and Activation
You agree to a 14-day free trial period by signing up for PrestoSmile®. After the trial, you will be charged a one-time activation onboarding fee of $995 and begin your monthly subscription of $500 a month, which grants you access to unlimited photos on the app and five seats. You also have 24/7 access to My Presto Guru practice management in a box, for a lifetime of use in addition to access to a practice advocate.
No Contract and Cancellation Policy
PrestoSmile® operates on a no-contract basis. If you decide to cancel your subscription, please provide written notice via email to info@prestosmile.com. Your cancellation request must be received in writing for it to be processed.
Money Back Guarantee
Here are the conditions for the money-back guarantee: Each practice must take five mockup pictures daily. Each practice must send five mockup pictures daily to the patients via text and email to the administration team simultaneously while the patient is in the chair. Each practice must present treatment and give the mockup to the patient on the same day. Highly recommend the use of telephone discovery on the initial call. Highly recommend the placement of the new patient consultation form in the practice new patient paperwork. It is mandatory for practices to place and use photo release in a new patient and existing patient charts if taking photos with the PrestoSmile® app, powered by ai. PrestoSmile® will investigate if the above has been fulfilled and reserves the right to request additional documentation to assist the refund process. All of the above are the conditions for the money-back guarantee. If you upgrade or downgrade your subscription, your months will be pro-rated.
Customer Reviews
PrestoSmile® provides functionality that enables you to provide a review in connection with the Site and Services (each a “Customer Review”). You acknowledge and agree that you are responsible for any and all Customer Reviews you make available in connection with the Site and Services and you agree to indemnify Presto Smile for all Claims resulting from any Customer Review you make available. You represent and warrant that (a) you have the authority to grant the rights in any such Customer Review as set forth below; (b) such Customer Review, and the use thereof, will not violate any term of these Terms of Use; and (c) all opinions and statements contained in such Customer Review (i) are true, honest, and an accurate reflection of your opinions about Presto Smile and its Services, (ii) are not misleading, and (iii) are based on your own actual personal experience. This means you will be responsible for the legality, the accuracy, the appropriateness, the originality, and your rights in any such Customer Review.
You grant to PrestoSmile®, its affiliates, subsidiaries, licensees, and assigns the perpetual, worldwide, royalty-free, nonexclusive and absolute right and license to use, publicly and privately display, reproduce, publish, publicly and privately perform, exhibit, distribute or have distributed, transmit or have transmitted, post, broadcast, sublicense, sell, transfer, store, or otherwise make any commercial or non-commercial use of any Customer Review that you make available on the Site, in whole or in part, for advertising, publicity, internal presentations, communications and training materials, and any other legal purpose, in any and all media whether now known or hereafter developed, including without limitation, on the internet, without consideration, notice, inspection, review, or approval thereof. You grant PrestoSmile® the right to use the first name and last initial associated with any Customer Review that you make available, provided PrestoSmile® shall have no obligation to exercise such right, or to otherwise provide any attribution for any Customer Review.
Disclaimer or Warranty and Limitation of Liability
You acknowledge that you are using the Site, the Applications, and the Services at your own risk. The Site, the Site and App Information and the Services are provided "as is," and to the full extent permitted by applicable law, PrestoSmile®, its affiliates and its third party service providers hereby expressly disclaim any and all warranties, express and implied. Presto Smile and its affiliates, and its third-party service providers do not represent or warrant that access to the Site and Applications and their Services will be uninterrupted or that there will be no failures, errors or omissions, or loss or security breach of transmitted information, or that no viruses will be transmitted through access to or use of prestosmile.com.
PrestoSmile®, its affiliates, and its third party service providers shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages arising out of this Agreement, the provision of Services hereunder, the sale or purchase of any merchandise ordered through the Site, your access to or inability to access the Site and Applications, Site and App Information, or Services, including for viruses alleged to have been obtained from the Services, your use of or reliance on the Services, the Site and App Information or materials available through third party sites linked to the Site, regardless of the type of claim or the nature of the cause of action, even if advised of the possibility of such damages.
You hereby agree to release PrestoSmile®, its affiliates and third-party service providers, and each of their respective directors, officers, employees, and agents from any and all claims, demands and damages of every kind and nature arising out of or in any way connected with your use of the Site and Applications and their Services. If you are a California resident, you waive California Civil Code Section 1542.
Electronic Communications
When you visit the Site, use the Applications, or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site and/or Applications. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Disclaimer
PrestoSmile® makes no representation that the Site and App Information, the Services or products offered through the Site and Applications are appropriate, available or legal in any particular location. Those who choose to access the Site and App Information and the Services and products offered through the Site and Applications do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Product and Pricing
PrestoSmile® offers two subscription options:
- Exclusive Option: Designed for one to three practices, this plan is priced at $500 per month, plus a one-time onboarding fee of $995 per practice.
- Executive Option: For four or more practices, pricing is available upon request. Please contact our sales team for more details.
BINDING ARBITRATION & CLASS ACTION WAIVER AGREEMENT
I agree that any and all disputes, claims or controversies directly or indirectly arising out of or relating to this Agreement ... shall be submitted to JAMS for confidential, final and binding arbitration by a single arbitrator. The arbitration will be on an individual basis, class arbitrations and class actions are not permitted. I am giving up the ability to bring or participate in a class action in any form or forum.
I must send notice of my Dispute to the mailing address below, and wait 30 days after notice is received by SDC to initiate arbitration. The arbitration will be administered by JAMS under its Rules and comply with JAMS Consumer Minimum Standards. I may instead litigate a Dispute in small claims court if the Dispute meets the requirements. I understand that I am waiving any right to a trial before a judge or jury.
PS may amend this Binding Arbitration and Class Action Waiver Agreement at its discretion, providing notice by email. Amendments will become effective 30 days after notice. The laws of the State of Tennessee and the United States govern the formation, existence, construction, performance, and validity of the Agreements. For non-arbitrable disputes, they must be brought in a state or federal court located in Middle Tennessee, and no such dispute may be brought on a class or representative basis.
Prestosmile.com is for Use in the United States
The Site and Applications are hosted in the United States and are intended for users located in the United States. If you are a non-U.S. user, by visiting or using the Site and Applications, you agree to comply with all applicable laws governing the Site and Applications, their Services, online conduct, and acceptable Content.
Trademark Notice
PrestoSmile® and the Site and Application names, logos, and other identifying marks are the property of PrestoSmile®. No right or license is granted by this Agreement. Other featured words or symbols may be trademarks of their respective owners.
Marketing
Qualified Invite: Defined as the purchase of the digital smile mockup by an Invited Customer who arrives at our website using your Invite-a-Friend link and activates a subscription. You get one Qualified Invite per Invited Customer.
Invited Customer: The Invited Customer and the Referrer cannot be the same person.
Referral Rewards: For you to earn referral rewards, the Referred Customer must complete a subscription for 1 year. The referral is counted and paid out once the membership is initiated. Rewards are paid in increments of $100, paid via e-gift card within 2-3 weeks. You are responsible for tax liability resulting from Referral Rewards.
Eligibility: Limited to individuals only. The PrestoSmile® invite program cannot be used by businesses for affiliate lead generation.
No Spam: Emails must be personal and comply with “SPAM” laws. Bulk email distribution is discouraged. Unsolicited commercial email is prohibited.
Right to Close Accounts: PrestoSmile® reserves the right to close accounts that use the Invite-a-Friend program in questionable manners.
Right to Cancel or Change Terms: PrestoSmile® reserves the right to cancel the Invite-a-Friend Program or change these Terms & Conditions at any time.
Last revised: May 2023
SMS Short Code Terms & Conditions
If you provide your mobile phone number, we may send you marketing and transactional SMS updates. Reply 'STOP' to unsubscribe. Reply 'HELP' for help. No fees for receiving text messages, but message and data rates may apply. Supported carriers include major U.S. carriers. The wireless carriers are not liable for delayed or undelivered messages. PrestoSmile® will not be liable for any delays in SMS messages. We respect your privacy. We will only use the information you provide to transmit text messages to you. However, we may disclose any information as required by law or to protect our rights and property.