This User Agreement (“Agreement”) is a legal agreement between you (“User” or “you”) and SmileShade, Inc. (“SmileShade,” “we,” “us,” or “our”), governing your use of the SmileShade mobile application (“App”) and its associated services. By accessing or using the App, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to these terms, please do not use the App.
1. Acceptance of Terms
By using the SmileShade App, you agree to abide by the terms and conditions outlined in this Agreement. This Agreement may be updated from time to time without prior notice to users. Your continued use of the App after such changes signifies your acceptance of the modified Agreement.
2. Use of the App
a. License: SmileShade grants you a non-exclusive, non-transferable, limited license to use the App for personal, non-commercial purposes, subject to the terms of this Agreement.
b. Restrictions: You shall not reverse engineer, decompile, disassemble, or attempt to derive the source code of the App or any part thereof. You shall not modify, distribute, sell, lease, lend, sublicense, or create derivative works based on the App.
3. User Content
You retain ownership of any content you submit or share through the App (“User Content”). By sharing User Content, you grant SmileShade a worldwide, non-exclusive, royalty-free, sublicenseable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content for the purpose of providing and promoting the App.
5. User Conduct
a. You agree not to use the App for any unlawful, harmful, defamatory, abusive, or otherwise objectionable purposes.
b. You agree not to interfere with or disrupt the functionality of the App, its servers, or networks connected to the App.
6. Disclaimers and Limitation of Liability
a. The App is provided “as is,” and SmileShade disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
b. SmileShade shall not be liable for any direct, indirect, incidental, consequential, special, or punitive damages arising out of or relating to your use or inability to use the App.
SmileShade reserves the right to terminate or suspend your access to the App, in whole or in part, at any time without prior notice or liability.
8. Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of [Your Jurisdiction]. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of [Your Jurisdiction].
9. Entire Agreement
This Agreement constitutes the entire agreement between you and SmileShade regarding the App and supersedes any prior agreements or understandings.
By using the SmileShade App, you acknowledge that you have read, understood, and agree to be bound by the terms of this User Agreement.
Date: August 16, 2023