Terms of Service | smilemap.io

1. Agreement to Terms

By accessing or using Smile Map ("the Service"), operated as a joint venture between The Gemist Hub (ABN 60 546 912 543) and Vero Scale (ABN 95 987 726 537) (together "we", "us", "our"), you agree to be bound by these Terms of Service. If you do not agree, you may not use the Service.

2. Description of Service

Smile Map is a web-based design and record-keeping tool for tooth gem artists and dental aesthetics professionals. The Service lets you create tooth gem designs, manage client records, keep a permanent service history, and publish a public portfolio. We may modify, suspend, or discontinue any part of the Service at any time.

3. Accounts & Eligibility

You must be at least 18 years old to create an account. You are responsible for keeping your account credentials secure and for all activity under your account. You must provide accurate information and keep it up to date.

4. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not misuse the Service, interfere with its normal operation, attempt to access it by any means other than the interface we provide, or use it to store or share content that is unlawful, infringing, or harmful.

5. User Content & Intellectual Property

"User Content" means every image, design, and file you upload to or create within the Service, including portfolio and design images, your studio and portfolio background photos, watermark or logo images, profile images, and any client before/after photos.

Ownership. You retain ownership of all User Content you create or upload. We do not claim ownership of your creative work.

Your warranty. You represent and warrant that, for every item of User Content you upload, you either own it or hold all rights, licences, and permissions necessary to upload, store, and display it through the Service, including any rights in photographs, artwork, logos, and the likeness or personal information of any person depicted. You must not upload content that infringes any copyright, trade mark, or other intellectual-property right, or that you are not authorised to use.

Licence to us. You grant us a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, and display your User Content solely to operate and provide the Service to you (including publishing content you choose to make public through your portfolio). This licence ends when you delete the content or your account, except for copies retained in routine backups for the period described in these Terms.

Indemnity. You agree to indemnify and hold us harmless from any claim, demand, loss, or expense (including reasonable legal costs) arising from User Content you upload or publish, or from your breach of the warranties in this section. Nothing in this section limits any consumer guarantee or other right you have that cannot be excluded under the Australian Consumer Law.

Our intellectual property. The Service itself, including its design, code, logos, wordmark, and all related materials, is owned by the joint venture that operates Smile Map (The Gemist Hub and Vero Scale) or its licensors and is protected by intellectual-property laws. You may not copy, reverse-engineer, or create derivative works from the Service.

6. Copyright Notice & Takedown

We respect intellectual-property rights and do not permit infringing content on the Service. If you believe content on the Service infringes your copyright or other rights, send a notice to legal@smilemap.io with the subject line "Copyright Notice" that includes:

Your name and contact details;
Identification of the work you say is infringed;
The location (URL or portfolio link) of the content you say is infringing; and
A statement that you hold, in good faith, the belief that the use is not authorised.

On receipt. We will review a valid notice and may remove or disable access to the content, notify the artist who uploaded it, and give them an opportunity to respond. We may reinstate content if we receive an adequate counter-notice.

Repeat infringers. We may suspend or terminate the account of any user who repeatedly uploads infringing content.

7. Client Records & Consent

The Service lets you store records and photographs of your own clients. You are responsible for obtaining any consent required to collect, store, and, where you choose to publish it, display that information and imagery, including photo consent from the people depicted. When you record a client's photo consent in the Service, you confirm you have obtained it. You are the controller of your client data; we process it on your behalf to provide the Service.

8. Subscriptions & Payment

The Service is offered on paid subscription plans, billed in advance on a monthly or annual basis. Payments are processed by Stripe on behalf of The Gemist Hub; by subscribing you also agree to Stripe's terms. Your subscription renews automatically at the end of each billing period unless you cancel.

Cancellations, access after cancellation, and refunds are governed by our Refund Policy, which forms part of these Terms. Your rights under the Australian Consumer Law are not affected.

9. Communications & Featured Content

Service communications. We may send you administrative and transactional messages about your account, billing, and the Service. These are part of using the Service and are not marketing.

Optional outreach. If you opt in during onboarding, The Gemist Hub may contact you, for example via Instagram or within Smile Map, about the artist community, features, and opportunities. This is optional, unbundled from your agreement to these Terms, and you can withdraw it at any time.

Optional featured content. If, and only if, you opt in, designs you publish may be featured in public discovery or showcase surfaces we may introduce in future. We will never feature your content publicly on this basis unless you have given this specific, separate consent, and you can withdraw it at any time.

10. Disclaimers & Limitation of Liability

The Service is provided "as is" and "as available" without warranties of any kind, except those that cannot be excluded under the Australian Consumer Law. To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of the Service. Our total liability shall not exceed the amount you paid us in the 12 months preceding the claim. Nothing in these Terms excludes, restricts, or modifies any consumer guarantee or right that cannot be excluded under the Australian Consumer Law.

11. Termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access if you breach these Terms or use the Service unlawfully. On termination, the rights granted to you under these Terms end, subject to the data-retention and backup periods described in our Privacy Policy.

12. Changes to These Terms

We may update these Terms from time to time. When we make material changes we will update the effective date and, where appropriate, notify you. Your continued use of the Service after changes take effect means you accept the updated Terms.

13. Governing Law

These Terms are governed by the laws of New South Wales, Australia. Any disputes shall be resolved in the courts of New South Wales.

14. Contact

Questions about these Terms can be sent to legal@smilemap.io. Smile Map: a joint venture of The Gemist Hub (ABN 60 546 912 543) and Vero Scale (ABN 95 987 726 537) · New South Wales, Australia.