Terms of Service

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").

SmileDiary is a personal tracking tool for people wearing clear aligners. It helps you record wear and removal time, take progress photos, keep a treatment calendar and statistics, and receive reminders. The App provides recording and organization features only and does NOT provide medical advice, diagnosis, or treatment recommendations (see Section 9).

We grant you a limited, non-exclusive, non-transferable, revocable license to install and use the App on Apple devices that you own or control, as permitted by the App Store Terms of Service. If you obtained the App from the Apple App Store, your use of the App is also governed by Apple's Licensed Application End User License Agreement (https://www.apple.com/legal/internet-services/itunes/dev/stdeula/); if these Terms conflict with that agreement, the Apple agreement prevails to the extent of the conflict. You may NOT: • Rent, lease, lend, sell, redistribute, or sublicense the App • Copy the App, except as permitted by the App Store usage rules • Modify, create derivative works of, or reverse engineer the App, except as permitted by applicable law • Remove, obscure, or alter any proprietary notices on the App

The App does not require registration or an account. Your records are stored locally on your device. If you subscribe to SmileDiary Pro and turn on iCloud sync, they are also stored in your own iCloud account. We do not access, control, or manage your data. Deleting the App removes your local records from that device.

The App offers a free version and SmileDiary Pro. SmileDiary Pro is available as an auto-renewing monthly or yearly subscription, or as a one-time lifetime purchase. Prices are shown in the App and may vary by region. • Payment is charged to your Apple ID account at confirmation of purchase. • Subscriptions renew automatically unless canceled at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours before the end of the current period. • If a subscription includes a free trial, you can cancel before the trial ends to avoid being charged; otherwise the subscription price is charged when the trial ends. Any unused portion of a free trial is forfeited when you purchase a subscription. • You can manage or cancel your subscription in your Apple ID account settings at any time. Canceling stops future renewals, and Pro remains available until the end of the current period. • The lifetime purchase is a one-time payment and does not renew. • You can restore purchases made with the same Apple ID from within the App. Payment is processed by Apple, and we do not receive your payment information.

All purchases are processed by Apple through the App Store and are subject to Apple's refund policy. We do not directly control the refund process. To request a refund, visit https://reportaproblem.apple.com or contact Apple Support. Refund eligibility is determined by Apple.

You agree to: • Use the App only for lawful purposes and personal orthodontic tracking • Not reverse engineer, decompile, or attempt to extract the source code of the App, except as permitted by applicable law • 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

The App, including its 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 records, photos, and notes remain your property. We claim no ownership rights over anything you create in the App.

We respect your privacy. The App does not store your treatment records on our servers. The App uses third-party services for usage analytics and crash reporting, and the records of Pro users are synced through their own iCloud account, as described in our Privacy Policy on this website. By using the App, you also agree to our Privacy Policy.

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 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.

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 continue until canceled in your Apple ID account settings.

You agree to comply with all applicable laws and regulations in the country or region where you use the App.

These Terms, together with our Privacy Policy and, where applicable, Apple's Licensed Application End User License Agreement, 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.

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.

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.

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.

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 announced in the App or on this page. Continued use of the App after changes constitutes your acceptance of the updated Terms.

For questions about these Terms, contact us at: contact@smilediary.cc