Smile Virtual Reseller
LAST UPDATED
These Platform Terms of Service (Terms) are a legal agreement between Claraview AI, LLC, an Arizona limited liability company (Claraview, we, us, or our), and the dental practice or other business using the Claraview Platform (Customer, you, or your).
You are purchasing access to the Platform through IGX Technologies LLC dba Smile Virtual (Smile Virtual), Claraview's authorized reseller, under an order, subscription agreement, checkout confirmation, or other purchasing document issued by Smile Virtual (Reseller Order). Smile Virtual handles pricing, billing, payment collection, renewal, cancellation, and reseller-level customer support under the Reseller Order. Claraview provides and operates the Platform under these Terms.
Smile Virtual is not a party to these Terms and does not operate or control the Platform. It is an intended third-party beneficiary only as expressly stated in Section 20.
These Terms apply to the Claraview website, Dashboard, Smile Simulation, related tools, content, support, and other services made available with Customer's Claraview subscription (collectively, the Platform). Smile Virtual's Virtual Consult is a separate Smile Virtual service and is not part of the Platform.
By accepting these Terms, completing a purchase through Smile Virtual, creating an account, or accessing or using the Platform, you agree to these Terms on behalf of Customer. You represent that you have authority to bind Customer. If you do not have that authority or do not agree to these Terms, do not purchase, access, or use the Platform.
The Platform is offered for business use by cosmetic dentists, dental practices, and other approved professional customers. It is not offered for personal, family, or household purchase under these Terms.
1. THE PLATFORM
Claraview is a cosmetic growth platform for cosmetic dentists. The Platform may include the Smile Simulation, Dashboard, patient profiles, messaging, educational resources, communication templates, practice resources, and related features made available under Customer's subscription. Any Virtual Consult service is provided separately by Smile Virtual under Smile Virtual's own terms.
The Reseller Order governs pricing, the subscription period, payment, renewal, cancellation, refunds, and other commercial terms between Customer and Smile Virtual. These Terms govern Customer's access to and use of the Platform. If the Reseller Order conflicts with these Terms, the Reseller Order controls only with respect to the commercial matters listed in this paragraph. These Terms control with respect to Platform use, Customer Data, privacy, security, intellectual property, acceptable use, disclaimers, indemnification, and Claraview's liability unless Claraview expressly agrees otherwise in writing.
Smile Virtual has no authority to make a warranty, commitment, representation, or modification on Claraview's behalf unless Claraview expressly authorizes it in writing.
Claraview may improve, update, or change the Platform from time to time. Claraview will not materially reduce the core functionality included in Customer's paid subscription during the then-current subscription period without reasonable notice, except where a change is needed to address security, legal, regulatory, or third-party service requirements.
2. ACCOUNTS AND AUTHORIZED USERS
Customer may permit its employees, contractors, and other workforce members to use the Platform on Customer's behalf (Authorized Users). Customer is responsible for:
ensuring that each Authorized User is permitted to access the information available through the Platform;
maintaining accurate account information;
protecting account credentials and using reasonable security practices;
all activity occurring under Customer's account, except to the extent caused by Claraview's breach of these Terms; and
promptly notifying Claraview at hello@claraview.ai of suspected unauthorized access, compromised credentials, or other security concerns.
Customer may also notify Smile Virtual at support@smilevirtualconsult.com when reseller-level assistance is needed. Customer must not include Patient Submissions or other consumer health data in communications to Smile Virtual unless Claraview specifically directs Customer to do so through a secure method.
Customer may not share accounts outside its organization, permit use by unauthorized persons, or resell, sublicense, or provide the Platform as a service to another person or business without Claraview's prior written approval.
3. CUSTOMER RESPONSIBILITIES
Customer is solely responsible for its dental practice, professional services, patient relationships, clinical decisions, and compliance with laws and professional standards applicable to its business.
Customer will:
use the Platform only for lawful business purposes and in accordance with these Terms;
obtain all permissions, authorizations, and consents required for information, photographs, messages, and other content submitted by Customer or its Authorized Users;
provide patients with all legally required privacy notices and disclosures;
ensure that its patient communications comply with applicable consent, marketing, telehealth, professional, and communications laws;
use appropriate professional judgment when reviewing any Smile Simulation or other Platform output; and
ensure that Authorized Users understand the limits of the Platform and do not present a Smile Simulation as a diagnosis, treatment plan, or guaranteed result.
Customer may not use the Platform to provide emergency services or as a substitute for appropriate clinical evaluation, diagnosis, informed consent, or treatment planning.
4. SMILE SIMULATIONS AND OTHER OUTPUTS
The Smile Simulation is an illustrative visualization intended to support a conversation about what may be possible. It is not a diagnosis, treatment recommendation, treatment plan, clinical record, or guarantee of any particular clinical or cosmetic result.
Smile Simulations and other Platform outputs may be generated or supported by automated systems. They may be incomplete, inaccurate, or unsuitable for a particular patient. Actual treatment options and outcomes depend on factors that the Platform cannot assess, including the patient's oral health, anatomy, clinical condition, treatment plan, and response to care.
Customer is responsible for reviewing outputs before using or sharing them and for explaining their illustrative nature to patients. Customer must not rely on a Platform output as the sole basis for a clinical or treatment decision.
Claraview does not practice dentistry, provide medical or dental advice, establish a doctor-patient relationship, or direct Customer's clinical judgment.
5. CUSTOMER DATA AND PATIENT SUBMISSIONS
Customer Data means information, photographs, messages, notes, files, and other content submitted to or collected through the Platform by or on behalf of Customer. A Patient Submission means a photograph, contact information, message, or other content submitted directly by a patient through Customer's Claraview link. Patient Submissions are included in Customer Data once they are made available to Customer through the Dashboard.
Patient Submissions will be shared with Customer and its Authorized Users through the Dashboard. Customer may use a Patient Submission only to respond to the patient, support a consultation or potential dental services, maintain the related patient profile, and for other purposes disclosed to and authorized by the patient. Customer may not sell a Patient Submission, disclose it publicly, or use identifiable patient content in advertising, education, social media, or other promotional materials without the patient's separate written authorization.
As between Claraview and Customer, Customer retains its rights in Customer Data. Customer grants Claraview a limited, non-exclusive right to host, copy, process, transmit, display, and otherwise use Customer Data only as reasonably necessary to provide, secure, maintain, and support the Platform; comply with law; enforce these Terms; and prevent fraud, abuse, or security threats.
Claraview may use aggregated or de-identified information to analyze and improve the Platform only as permitted by applicable law and the Privacy Policy. Claraview will not attempt to reidentify information maintained as de-identified except as permitted by law to test its de-identification processes.
Customer represents and warrants that it has all rights and permissions needed for Claraview to process content submitted by Customer or its Authorized Users as described in these Terms and the Privacy Policy. Patient Submissions made directly through the patient experience are governed by the patient-facing notice and consent presented with that experience.
Customer must not upload content that is unlawful, infringes another person's rights, contains malicious code, or that Customer is not authorized to provide.
6. SMILE VIRTUAL DATA BOUNDARY
Smile Virtual may receive limited practice-level information needed to administer the Reseller Order, including Customer's name, business contact information, subscription selection, payment status, renewal or cancellation status, Platform access status, and reseller support communications.
Claraview does not provide Smile Virtual access to Patient Submissions, patient photographs, Smile Simulations, private Dashboard notes, or other consumer health data solely because Smile Virtual is the authorized reseller. Customer must not send that information to Smile Virtual for billing, cancellation, or ordinary reseller support.
Smile Virtual does not receive access to Customer Data or Patient Submissions to provide reseller support. Any Platform support request requiring investigation of Patient Submissions, patient photographs, Smile Simulations, private Dashboard notes, protected health information, or other consumer health data must be handled directly by Claraview under applicable privacy and security obligations.
7. PRIVACY AND SECURITY
Claraview will maintain reasonable administrative, technical, and physical safeguards designed to protect Customer Data against unauthorized access, use, alteration, or disclosure. If Claraview determines that a security incident resulted in unauthorized access to Customer Data, Claraview will provide any notices required by applicable law and will reasonably cooperate with Customer's response.
No online service can guarantee absolute security. Customer is responsible for using the Platform securely, limiting access to Authorized Users, and maintaining appropriate devices, networks, policies, and procedures within its own environment.
Claraview's collection, use, and disclosure of personal information is described in the Claraview Privacy Policy, available at https://claraview.ai/user-agreements/privacy-policy and through the patient experience. The patient experience must also present a patient-facing notice and consent explaining that the patient's photograph, contact information, Smile Simulation, and related submissions will be processed by Claraview and shared with the applicable dental practice.
Claraview operates the Platform using administrative, technical, and physical safeguards designed to comply with the Health Insurance Portability and Accountability Act (HIPAA) when HIPAA applies to Claraview's services. When Claraview creates, receives, maintains, or transmits protected health information on behalf of a Customer that is a HIPAA covered entity, Claraview will handle that information in accordance with applicable HIPAA requirements and any required business associate agreement entered into directly between Claraview and Customer. Any business associate agreement between Customer and Smile Virtual applies only to Smile Virtual's services and does not govern the Claraview Platform.
8. ACCEPTABLE USE
Customer and its Authorized Users may not:
use the Platform in violation of law, professional obligations, or another person's rights;
attempt to gain unauthorized access to the Platform or another customer's data;
interfere with the security, availability, integrity, or operation of the Platform;
introduce malware or other harmful code;
scrape, crawl, probe, scan, or test the Platform except with Claraview's prior written permission;
reverse engineer, decompile, disassemble, or attempt to discover the source code, models, prompts, algorithms, or non-public components of the Platform, except to the extent a restriction is prohibited by law;
copy, modify, distribute, sell, lease, sublicense, or create derivative works from the Platform except as expressly permitted by these Terms;
use the Platform or its outputs to develop, train, benchmark, or improve a competing product or service;
remove or obscure proprietary notices;
use the Platform to impersonate another person, mislead a patient, or make false or unsubstantiated claims; or
use the Platform for automated bulk activity, resale, or usage that is excessive, abusive, or materially outside the ordinary operations of a dental practice.
If a subscription is described as unlimited, unlimited use means ordinary use by Customer for its own practice operations. It does not permit resale, account sharing, automated bulk generation, or use that threatens Platform performance or security. Claraview may apply reasonable technical safeguards and fair-use limits to prevent misuse.
9. FEES BILLING AND TAXES
Customer will pay the fees stated in the Reseller Order directly to Smile Virtual. Smile Virtual, not Claraview, invoices Customer and collects the fees and taxes charged under the Reseller Order. Customer authorizes Smile Virtual and its payment service providers to charge the payment method provided by Customer as described in the Reseller Order.
Payment to Smile Virtual in accordance with the Reseller Order satisfies Customer's payment obligation for the corresponding Platform subscription period. Smile Virtual's obligation to compensate Claraview is governed by a separate agreement between Smile Virtual and Claraview and does not create an additional payment obligation for Customer.
Claraview may rely on subscription and payment-status information provided by Smile Virtual. If Smile Virtual reports that Customer's account is past due, canceled, expired, or otherwise no longer entitled to access, Claraview may suspend or end access after any notice or cure period required by the Reseller Order or applicable law.
Any refund, money-back guarantee, promotional right, price change, tax, or billing dispute is governed by the Reseller Order. Claraview does not separately invoice Customer or issue refunds for amounts collected by Smile Virtual.
10. SUBSCRIPTION RENEWAL AND CANCELLATION
Customer's subscription begins on the date stated in the Reseller Order and continues for the subscription period shown there. Renewal, cancellation, notice periods, and the effective date of cancellation are governed by the Reseller Order.
Customer must submit billing and cancellation requests to Smile Virtual using the method stated in the Reseller Order or by contacting accounting@smilevirtualconsult.com. Smile Virtual will notify Claraview when Customer's access should end. Customer will retain access through the applicable paid subscription period unless the Reseller Order, these Terms, or applicable law provides otherwise.
Failure to use the Platform does not constitute cancellation. Customer is responsible for exporting any Customer Data it wishes to retain before access ends, subject to available Platform functionality and applicable law.
11. SUSPENSION AND TERMINATION
Claraview may suspend or limit access to the Platform if:
Customer's subscription is reported as past due, canceled, expired, or otherwise inactive under the Reseller Order;
Customer or an Authorized User has violated these Terms;
continued use creates a security, legal, regulatory, or operational risk;
suspension is reasonably necessary to protect Customer Data, the Platform, Claraview, another customer, a patient, or a third party; or
suspension is required by law or a governmental authority.
Where practicable, the party responsible for the applicable issue will provide notice and a reasonable opportunity to cure before suspension. Claraview may act immediately when necessary to address an urgent security, legal, or operational risk and may notify Smile Virtual without disclosing Patient Submissions or consumer health data.
Either Claraview or Customer may terminate these Terms for a material breach that remains uncured 30 days after written notice. Claraview may terminate immediately for unlawful conduct, fraud, intentional security abuse, or a breach that cannot reasonably be cured.
Customer's subscription continues only while the Reseller Order remains in effect. When the Reseller Order expires or terminates, Customer's right to access the Platform ends unless Claraview separately agrees in writing to continue access.
Upon termination or expiration, Claraview may retain or delete Customer Data in accordance with its data-retention practices, applicable law, and the Privacy Policy. Sections that by their nature should survive will survive, including provisions concerning fees owed, Customer Data, intellectual property, confidentiality, disclaimers, indemnification, limitations of liability, disputes, and general terms.
12. CLARAVIEW MATERIALS AND INTELLECTUAL PROPERTY
Claraview and its licensors own the Platform, including its software, workflows, designs, interfaces, documentation, templates, text, graphics, trademarks, and other materials, together with all related intellectual property rights (Claraview Materials).
Subject to Customer's compliance with these Terms and continued entitlement under the Reseller Order, Claraview grants Customer a limited, non-exclusive, non-transferable, non-sublicensable right during the subscription period to access and use the Platform and Claraview Materials for Customer's internal business operations.
Customer may use Smile Simulations and other outputs generated for Customer through the Platform in communications with the applicable patient and for Customer's internal practice purposes, subject to these Terms and applicable law.
Claraview does not guarantee that automatically generated output is unique, protectable by intellectual property law, or free from similarity to content generated for another user.
If Customer provides suggestions or feedback about the Platform, Claraview may use that feedback without restriction or compensation, provided Claraview does not publicly identify Customer as the source without permission.
13. CONFIDENTIALITY
Each party may receive non-public information that is identified as confidential or that reasonably should be understood to be confidential (Confidential Information).
The receiving party will use the disclosing party's Confidential Information only to perform or exercise its rights under these Terms and will protect it using at least reasonable care.
Confidential Information does not include information that the receiving party can demonstrate:
was lawfully known without restriction;
becomes public through no breach of these Terms;
is received lawfully from a third party without a duty of confidentiality; or
is independently developed without use of the disclosing party's Confidential Information.
The receiving party may disclose Confidential Information when required by law, provided it gives advance notice when legally permitted and reasonably cooperates with efforts to limit the disclosure.
Patient information will also be handled in accordance with applicable law, the Privacy Policy, and the patient-facing notice and consent.
14. THIRD-PARTY SERVICES
The Platform may interoperate with or rely on third-party services, applications, links, or content. Claraview is not responsible for third-party services that Customer elects to use. Customer's use of those services may be governed by separate terms and privacy practices.
Claraview currently processes Patient Submissions, patient photographs, Smile Simulations, private Dashboard notes, and other consumer health data within the Claraview Platform and does not provide that information to third-party processors. If Claraview later engages a third-party processor to handle Customer Data, Claraview will require appropriate privacy, security, and confidentiality obligations and will update its disclosures as required by law.
Smile Virtual's separate products and services are third-party services for purposes of these Terms. Smile Virtual's Subscription Services Agreement, business associate agreement, and other service terms apply only to the services identified in those agreements and do not govern the Claraview Platform.
15. DISCLAIMERS
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM AND ALL OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE."
CLARAVIEW DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
CLARAVIEW DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE; THAT ALL DEFECTS WILL BE CORRECTED; OR THAT A SMILE SIMULATION OR OTHER OUTPUT WILL BE ACCURATE, COMPLETE, UNIQUE, OR APPROPRIATE FOR A PARTICULAR PATIENT OR PURPOSE.
CLARAVIEW DOES NOT GUARANTEE ANY NUMBER OF PATIENTS, CONSULTATIONS, BOOKINGS, TREATMENTS, REVENUE, CONVERSIONS, OR OTHER BUSINESS OR CLINICAL OUTCOME.
SMILE VIRTUAL DOES NOT OPERATE THE PLATFORM AND MAKES NO SEPARATE WARRANTY CONCERNING THE PLATFORM. NOTHING IN THESE TERMS LIMITS ANY EXPRESS OBLIGATION SMILE VIRTUAL HAS UNDER THE RESELLER ORDER FOR ITS OWN SERVICES.
Nothing in these Terms excludes a warranty or right that cannot lawfully be excluded.
16. INDEMNIFICATION
Customer will defend, indemnify, and hold harmless Claraview, Smile Virtual, and their respective officers, directors, employees, and agents from third-party claims, damages, losses, liabilities, judgments, penalties, costs, and reasonable attorneys' fees arising out of or relating to:
Customer Data or Customer's failure to obtain required permissions, authorizations, or consents;
Customer's dental services, clinical decisions, treatment recommendations, or patient relationship;
Customer's communications, advertising, or representations to patients or third parties;
Customer's or an Authorized User's violation of law, professional obligations, or these Terms; or
Customer's misuse of the Platform or a Platform output.
The indemnified party will promptly notify Customer of an indemnified claim and provide reasonable cooperation at Customer's expense. Customer may control the defense and settlement, but may not settle a claim in a manner that admits fault by an indemnified party, imposes non-monetary obligations on an indemnified party, or fails to fully release an indemnified party without that party's prior written consent.
Customer has no indemnification obligation to the extent a claim results from the indemnified party's gross negligence, willful misconduct, or material breach of its applicable agreement with Customer.
17. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER CLARAVIEW NOR CUSTOMER WILL BE LIABLE UNDER THESE TERMS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, BUSINESS, GOODWILL, OR DATA, EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLARAVIEW'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE PLATFORM OR THESE TERMS WILL NOT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER TO SMILE VIRTUAL FOR THE CLARAVIEW PLATFORM DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
SMILE VIRTUAL'S LIABILITY FOR BILLING, PAYMENT, CANCELLATION, SUPPORT, OR ITS OWN SERVICES IS GOVERNED BY THE RESELLER ORDER AND ANY OTHER APPLICABLE AGREEMENT BETWEEN CUSTOMER AND SMILE VIRTUAL. THESE TERMS DO NOT EXPAND SMILE VIRTUAL'S LIABILITY.
The exclusions and limitations in this section apply regardless of the form of action and even if a remedy fails of its essential purpose. They do not apply to liability that cannot lawfully be limited or excluded. They also do not limit Customer's payment obligations, indemnification obligations under Section 16, or liability for violating Section 8.
18. CUSTOMER NAME LOGO AND PATIENT CONTENT
Customer grants Claraview permission during the subscription period to identify Customer as a Claraview customer and to use Customer's name, logo, and publicly available practice information in customer lists, websites, sales materials, presentations, and other marketing materials.
Customer may withdraw this permission for future materials by written notice to hello@claraview.ai. Withdrawal does not require Claraview to recall or destroy materials created before the notice was received, but Claraview will discontinue new uses within a reasonable period.
Claraview will obtain Customer's approval before publishing a quote, testimonial, or case study attributed to Customer or its personnel.
Claraview will not use Patient Submissions, patient photographs, Smile Simulations of identifiable patients, or identifiable case materials in public marketing without Customer's prior written permission and any separate patient authorization required by law.
19. CHANGES TO THESE TERMS
Claraview may update these Terms from time to time. The current Smile Virtual reseller version authorized by Claraview will be available at https://claraview.ai/user-agreements/smile-virtual-reseller.
If a change materially affects Customer's rights or obligations, Claraview or Smile Virtual will provide reasonable advance notice by email, through the Platform, or by another reasonable method. Unless required sooner for legal, security, or regulatory reasons, a material change will take effect at Customer's next renewal. Continued use after the effective date of updated Terms constitutes acceptance.
Changes to pricing, renewal, cancellation, refunds, or other Reseller Order terms are governed by the Reseller Order.
20. GOVERNING LAW, DISPUTES, AND THIRD-PARTY BENEFICIARY
These Terms and disputes involving Claraview or the Platform are governed by the laws of the State of Arizona, without regard to conflict-of-law principles. The state and federal courts located in Maricopa County, Arizona have exclusive jurisdiction over disputes arising out of or relating to these Terms or the Platform. Each party consents to personal jurisdiction and venue in those courts.
Before filing a claim, each party will provide written notice describing the dispute and allow at least 30 days for the parties to attempt to resolve it informally. Either party may seek immediate injunctive or equitable relief when necessary to protect confidential information, intellectual property, Customer Data, or Platform security.
Disputes involving pricing, billing, payment, renewal, cancellation, refunds, or Smile Virtual's own services are governed by the Reseller Order and must be directed to Smile Virtual.
Smile Virtual is an intended third-party beneficiary of Sections 15, 16, and 17 and may enforce those sections directly. Except for rights expressly stated in these Terms or obligations stated in the Reseller Order, Smile Virtual has no obligations to Customer under these Terms. No other person is a third-party beneficiary.
21. GENERAL TERMS
Neither Claraview nor Customer will be liable for delay or failure caused by events beyond its reasonable control, except for payment obligations.
Customer may not assign or transfer these Terms without Claraview's prior written consent. Claraview may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of the assets related to the Platform.
Claraview and Customer are independent contractors. These Terms do not create a partnership, franchise, joint venture, fiduciary, employment, or agency relationship between them. Smile Virtual's status is limited to the reseller and third-party-beneficiary roles expressly described in these Terms.
If any provision of these Terms is found unenforceable, it will be modified only to the minimum extent necessary, and the remaining provisions will remain in effect. A waiver must be in writing and will not constitute a continuing waiver.
These Terms and the Privacy Policy constitute the entire agreement between Claraview and Customer regarding the Platform and supersede prior or contemporaneous agreements between them on the same subject. The Reseller Order is a separate agreement between Customer and Smile Virtual and governs the commercial matters assigned to it under these Terms. Purchase-order terms or other Customer terms do not apply to Claraview unless expressly accepted in writing by an authorized Claraview representative.
Headings are for convenience only. The words including and includes mean including without limitation.
22. CONTACTS
Claraview notices: Claraview AI, LLC | 4444 N 32nd St Ste 235, Phoenix, AZ 85018 | hello@claraview.ai
Smile Virtual billing, cancellation, and reseller support: IGX Technologies LLC dba Smile Virtual | 4760 S Highland Drive, #115, Salt Lake City, UT 84117
Billing and cancellation: accounting@smilevirtualconsult.com | Support: support@smilevirtualconsult.com