KOSMILE — Terms of Service

Effective date: September 8, 2025

Last updated: September 8, 2025

 

Thank you for using KOSMILE. These Terms of Service (the “Terms”) are a legally binding agreement between you and KOSMILE ("KOSMILE," “we,” “our,” or “us”) governing your access to and use of our mobile applications, websites, and related services (collectively, the “Service”).

 

By accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

 

1) Key Definitions

• Account: The profile you create to use the Service.

• Content: Text, images, video, audio, data, scores, recommendations, and other materials available through the Service.

• User Content: Content that you submit or upload to the Service.

• Estimated Teeth Whiteness Score (TWS‑E): A perception‑based estimate derived from photos to help a user track perceived teeth whiteness over time.

• Smile Harmony Score: A perception‑based estimate derived from photos to indicate how well colors (e.g., lips/skin/teeth) are perceived to harmonize.

 

2) Who May Use KOSMILE

You must be at least 13 years old (or the minimum age of digital consent in your country) to use the Service. If you are between 13 and 18, you may use the Service only with the consent of a parent or legal guardian. You must be able to enter a binding contract in your jurisdiction.

 

3) Account & Security

You are responsible for all activity under your Account and for keeping your login credentials confidential. You agree to promptly notify us of any unauthorized use of your Account. We may require multi‑factor authentication and may suspend or terminate your Account for suspected misuse.

 

4) Subscriptions, Trials & Billing

Some features require a paid subscription. If you purchase through Apple App Store or Google Play, billing, renewals, cancellations, and refunds are handled by the app store and their terms apply. If you purchase directly from KOSMILE, you authorize us to charge your payment method for recurring fees until you cancel.

• Auto‑renewal. Subscriptions renew automatically at the end of each term unless canceled before renewal.

• Free trials. If offered, trials convert to paid subscriptions unless canceled before the trial ends.

• Cancellations. You may cancel at any time; access continues through the current billing period. Fees are non‑refundable except as required by law.

 

5) License & Acceptable Use

We grant you a limited, non‑exclusive, non‑transferable, revocable license to use the Service for personal, non‑commercial purposes in accordance with these Terms. You agree not to:

• Reverse engineer, decompile, or otherwise attempt to derive the source code or underlying models;

• Interfere with or disrupt the Service;

• Use the Service to develop competing products or to benchmark for publication without our prior written consent;

• Upload unlawful, infringing, harmful, or misleading content.

 

6) Health & Safety Notice — Perception‑Based Estimates Only

KOSMILE is not a medical device and does not provide medical advice or clinical measurements.

The TWS‑E and Smile Harmony Score are perception‑based estimates derived from user‑submitted photos. They are relative indicators intended for same‑user tracking under similar conditions. They are not calibrated shade‑guide measurements, laboratory readings, or clinical instruments. Accuracy and comparability are affected by lighting, camera hardware and settings, pose, distance, color cosmetics, and other environmental factors. Do not rely on the Service for diagnosis, treatment, or prevention of any disease or condition. Always seek professional advice from a qualified dental or medical provider.

We may provide cosmetic recommendations (e.g., lipsticks, foundations) and educational content for general informational purposes. Such content is not a statement of product efficacy or clinical performance.

 

7) Methodology & Limitations

To promote transparency, KOSMILE publishes a brief Methodology summary within the app and on our website. It explains, in plain language, how the perception‑based estimates are produced, key limitations, best‑practice capture guidance (consistent lighting, angle, and device), and expected variability. The Methodology may evolve with product improvements. Where any conflict exists, the Methodology does not modify these Terms.

 

8) Images & Data Handling (Summary)

KOSMILE processes user photos solely to generate scores and recommendations. We do not store photos or videos after processing except transiently as needed to operate the Service; we store only account data and score outputs as described in our Privacy Policy, which is incorporated by reference into these Terms. For details, including deletion rights, please read the Privacy Policy available in‑app and on our website.

 

9) User Content & Feedback

You retain ownership of your User Content. By submitting User Content, you grant KOSMILE a worldwide, non‑exclusive, royalty‑free license to host, process, and display that content solely to provide and improve the Service. You represent that you have all rights needed to submit the content and that it does not violate any law or third‑party rights. You grant KOSMILE a perpetual, irrevocable license to use feedback or suggestions you provide without restriction or compensation.

 

10) Third‑Party Products, Brands & Affiliate Disclosure

The Service may reference third‑party brands, products, or retailers (e.g., cosmetics) and may include affiliate links. We may earn a commission if you purchase via our links. References to third‑party brands are for identification only and do not imply endorsement, affiliation, or that our estimates establish those products’ clinical efficacy. Third‑party terms and privacy policies apply to their services and websites.

 

11) App Stores & Third‑Party Terms

When you download our app from the Apple App Store or Google Play, you also agree to their terms. Apple and Google are not responsible for providing any maintenance or support for the app. To the maximum extent permitted by applicable law, Apple and Google have no warranty obligation with respect to the app and are third‑party beneficiaries of this Section.

 

12) Changes to the Service

We may change, suspend, or discontinue any part of the Service at any time, including features and availability, and may introduce new limits or charge fees for new or existing features, consistent with applicable law.

 

13) Disclaimers

THE SERVICE, INCLUDING ALL SCORES, RECOMMENDATIONS, AND CONTENT, IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, KOSMILE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON‑INFRINGEMENT, ACCURACY, AND RELIABILITY. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR‑FREE, SECURE, OR UNINTERRUPTED, OR THAT RESULTS WILL BE ACCURATE OR RELIABLE.

 

14) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KOSMILE AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) AMOUNTS YOU PAID TO KOSMILE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD $100. Some jurisdictions do not allow certain limitations; in such cases, these limits apply to the fullest extent permitted.

 

15) Indemnification

You agree to indemnify, defend, and hold harmless KOSMILE and its affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising from or related to your use of the Service, your User Content, or your violation of these Terms or applicable law.

 

16) Dispute Resolution; Arbitration; Class Waiver (U.S. Users)

Please read this section carefully. It requires binding arbitration and affects your rights.

• Informal resolution. Before filing a claim, you agree to email us at info@kosmile.com with a brief description of the dispute and provide 30 days to resolve it informally.

• Arbitration. If not resolved, disputes will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. Venue will be Boston, Massachusetts (or your county of residence for remote proceedings).

• Class action waiver. You and KOSMILE waive any right to participate in a class or representative action.

• Opt‑out. You may opt out of arbitration within 30 days of first accepting these Terms by emailing info@kosmile.com with your name, the email tied to your Account, and a clear statement that you opt out.

• Small claims. Either party may bring an individual action in small‑claims court.

If you are a consumer resident of the EEA, UK, or a jurisdiction that does not permit mandatory arbitration, this Section does not deprive you of protections you are entitled to under mandatory law; you may bring claims in your local courts.

 

17) Governing Law & Venue

These Terms are governed by the laws of the Commonwealth of Massachusetts, excluding its conflicts‑of‑laws principles. Except as otherwise provided above, exclusive jurisdiction and venue lie in the state and federal courts located in Suffolk County, Massachusetts.

 

18) Export & Sanctions

You may not use or export the Service in violation of U.S. export laws and regulations or applicable sanctions programs.

 

19) Termination

We may suspend or terminate your access to the Service at any time, with or without notice, for any reason, including if you breach these Terms. You may stop using the Service at any time and may request deletion of your Account as described in the Privacy Policy. Sections that by their nature should survive (including 6, 7, 10, 13–19, and 21–23) shall survive termination.

 

20) Changes to These Terms

We may update these Terms from time to time. When we do, we will post the updated Terms and update the “Last updated” date. If changes are material, we will provide additional notice as required by law. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.

 

21) DMCA & IP Complaints

If you believe content on the Service infringes your copyright, please send a notice to info@kosmile.com with: (a) your contact info; (b) a description of the work and the allegedly infringing material; (c) the location (URL or in‑app location) of the material; (d) a statement of good‑faith belief; (e) a statement under penalty of perjury that the notice is accurate; and (f) your physical or electronic signature. Counter‑notices may be sent to the same address.

 

22) Notices & Contact

Unless otherwise specified, notices to KOSMILE may be sent to info@kosmile.com. If we need to contact you, we will use the email associated with your Account or provide an in‑app notice.

 

23) Miscellaneous

• Entire Agreement. These Terms and the Privacy Policy constitute the entire agreement between you and KOSMILE regarding the Service.

• Severability. If any provision is held invalid, the remaining provisions remain in full force.

• Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

• No waiver. Our failure to enforce any provision is not a waiver.

• Headings. Headings are for convenience only and do not affect interpretation.

 

Short, Plain‑Language Disclosures (for UI placement)

• Perception‑based estimate. Not a clinical measurement. Results vary with lighting & camera.

• Use TWS‑E to track perceived changes over time under similar conditions.

• Product references are informational only; we may earn commissions from some retailers.

 

Questions? Contact info@kosmile.com