Terms of Service
Last Updated: January 12, 2025
1. Acceptance of Terms
By downloading, installing, or using SmileDiary (the "App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App. These Terms constitute a legal agreement between you and Nanjing Xiaowei Technology Co., Ltd. ("we", "us", or "our").
2. Service Description
SmileDiary is a personal tracking tool designed to help users monitor their invisible aligner orthodontic treatment by recording wear time, taking progress photos, and managing treatment schedules. The App provides recording and management features but does NOT provide medical advice, diagnosis, or treatment recommendations.
3. License Grant and Use Restrictions
We grant you a limited, non-exclusive, non-transferable, revocable license to install and use the SmileDiary application on devices you own or control. You may NOT: • Share your account with others for simultaneous multi-user access • Distribute the App over a network for use by multiple users or organizations • Rent, lease, lend, sell, redistribute, or sublicense the App • Copy the App for distribution purposes (except for personal backup) • Modify, create derivative works, or reverse engineer the App • Remove, obscure, or alter any proprietary notices on the App
4. No User Accounts
SmileDiary does not require user registration or accounts. Data storage varies by platform: Android and HarmonyOS versions store data locally on your device only; iOS version also stores data locally by default, but Pro users can optionally enable iCloud sync to sync data to your personal Apple iCloud account. Regardless of the method, we do not access, control, or manage your data.
5. Subscription & Payment
SmileDiary offers a free version with basic features and a Pro subscription with additional features. Pro subscriptions are offered through app store platforms (iOS App Store, Google Play, Huawei AppGallery, etc.) with auto-renewal. Please check pricing within the app, as prices vary by region and platform. Payment is processed by the respective app store platform, and we do not receive your payment information. You can manage or cancel subscriptions through the corresponding platform account settings at any time.
6. Refund Policy
All purchases are processed through third-party app store platforms (iOS App Store, Google Play, Huawei AppGallery, etc.) and are subject to each platform's standard refund policy. We do not directly control the refund process. To request a refund, please contact the app store platform you purchased from: • iOS App Store: Visit https://reportaproblem.apple.com or contact Apple Support • Google Play: Request a refund through Google Play Help Center • Huawei AppGallery: Contact Huawei customer service for refund requests Refund eligibility is determined by each app store platform according to their policies.
7. User Responsibilities
You agree to: • Use the App only for lawful purposes and personal orthodontic tracking • Not reverse engineer, decompile, or attempt to extract source code from the App • Not use the App in any manner that could damage, disable, overburden, or impair the App • Comply with all applicable laws and regulations • Consult qualified healthcare professionals for all medical decisions regarding your orthodontic treatment
8. Intellectual Property
The App, including all software, design, text, graphics, and other content, is owned by Nanjing Xiaowei Technology Co., Ltd. and protected by copyright, trademark, and other intellectual property laws. Your treatment data, photos, and notes remain your property. We claim no ownership rights over your user-generated content.
9. Medical Disclaimer
IMPORTANT: SmileDiary is NOT a medical device and does NOT provide medical advice, diagnosis, or treatment. The App is a personal tracking tool only. You must consult qualified orthodontists and healthcare professionals for all treatment decisions, including treatment duration, aligner wear schedules, and any health concerns. Do not rely on the App for medical guidance. We are not liable for any health outcomes related to your orthodontic treatment.
10. Privacy and Data
We respect your privacy. The App does not collect personal data on our servers. For detailed information about how we handle data, please review our Privacy Policy available at the App's legal documents page. By using the App, you also agree to our Privacy Policy.
11. Warranty Disclaimer
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not warrant that: • The App will meet your requirements • The App will be uninterrupted, timely, secure, or error-free • The results obtained from using the App will be accurate or reliable • Any errors in the App will be corrected
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NANJING XIAOWEI TECHNOLOGY CO., LTD. BE LIABLE FOR: • Any indirect, incidental, special, consequential, or punitive damages • Any loss of profits, revenue, data, or use • Any damage to health or orthodontic treatment outcomes • Any interruption of service or technical issues Our total liability to you for any claims arising from or related to these Terms or the App shall not exceed the amount you paid for the App subscription in the past 12 months. Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above limitations may not apply to you.
13. Termination
These Terms are effective until terminated by either you or us. Your rights under these Terms will terminate automatically without notice if you fail to comply with any of its provisions. We reserve the right to discontinue the App or any features at any time without notice. You may terminate by uninstalling the App from all your devices. Subscriptions will continue until canceled through the app store platform settings.
14. Compliance
You agree to comply with all applicable laws and regulations in the country/region where you use the App.
15. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Nanjing Xiaowei Technology Co., Ltd. regarding the use of SmileDiary and supersede all prior or contemporaneous understandings and agreements, whether written or oral, regarding such subject matter.
16. Severability
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permissible, and the remaining provisions of these Terms shall remain in full force and effect.
17. Consumer Rights
These Terms do not affect your statutory rights under applicable law. Some countries and regions do not allow certain limitations on warranties or liability, and in such cases, the above limitations may not apply to you. You may have additional rights under your local consumer protection laws.
18. Governing Law and Dispute Resolution
These Terms shall be governed by the laws of the People's Republic of China, without regard to its conflict of law provisions. Any dispute arising from these Terms shall first be resolved through good faith negotiation between the parties. If the dispute cannot be resolved through negotiation within 30 days, either party may submit the dispute to the Nanjing Arbitration Commission for arbitration in accordance with its then-current arbitration rules. The arbitration award shall be final and binding on both parties. If you are a resident of the European Union or European Economic Area, you may also seek remedies under the laws of your country or region.
19. Changes to Terms
We may update these Terms from time to time. Updated Terms will be posted on this page with a new "Last Updated" date. Material changes will be notified through the App or via email if we have your contact information. Continued use of the App after changes constitutes your acceptance of the updated Terms.
20. Contact Us
For questions about these Terms, contact us at: contact@smilediary.cc