Terms and Conditions | Xiluet Smiles

Effective Date: May 2, 2025.

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS SITE.

These Terms of Service (“Terms”) apply to your access to and use of the websites, mobile applications and other online offerings (collectively, the “Site”) provided by Xiluet Smiles (“we,” “our,” or “us”). By accessing or by using our Site you agree to these Terms, and any terms incorporated by reference. If you do not agree to these Terms, do not use our Site.

We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by providing a notice through our Site or by updating the Effective Date. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Site after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Site.

If you have any questions about these Terms or our Site, please see the Contact Us Section.

1. PRIVACY

For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy.

2. CONSENT TO USE OF DATA AND MOBILE COMMUNICATION

By subscribing to our SMS service, you agree to receive text messages from Xiluet Smiles regarding promotions, appointment reminders, and special offers. You must opt in by [checking a box/signing up on our website/texting a keyword] to confirm your consent. Consent is not a condition of purchase.

Program Description
Xiluet Smile Design offers an SMS service that provides Customer Care messages, including appointment scheduling, appointment confirmations, appointment reminders, follow-up communications, responses to patient inquiries, and account notifications. Customers who separately opt in to marketing communications may also receive promotional messages, special offers, discounts, announcements of new dental services, cosmetic procedure updates, and limited-time offers.

Message Frequency
Subscribers may receive up to 4 messages per week, depending on their engagement and preferences. Messages frequency varies depending of procedures and offers.

Cost and Fees
Standard message and data rates may apply. Please check with your mobile carrier for details.

2.1 Opt-Out Instructions
You can unsubscribe at any time by replying ‘STOP’ to any of our messages. After opting out, you will receive one final confirmation message stating that you have been unsubscribed. No further messages will be sent unless you opt back in.

2.2 Help & Customer Support Information
For assistance, reply ‘HELP’ to any message or contact our customer service at 305-615-4200 or info@xiluetsmiles.com

2.3 Privacy Policy & Data Handling
We value your privacy. Your information will not be shared with third parties except as required to provide this service. For more details, please review our Privacy Policy at https://xiluetsmiledesign.com/privacy-policy/

3. USER CONTENT

Our Site may allow you and other users to create, post, store, and share content, including messages, comments, stories, text, photos, graphics, videos, music, and other materials (collectively, “User Content”). Except for the license you grant below, you retain all rights in and to your User Content, as between you and us.

If you submit any User Content to us, including through the Site, you grant us and our employees, contractors, service providers, and consultants, a nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display such User Content, and any name, username or likeness provided in connection therewith, in all media formats and channels now known or later developed without compensation to you, in connection with the Site and us.

You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice.

4. PROHIBITED CONDUCT AND CONTENT

You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort in connection with any User Content you post to the Site, and you are solely responsible for your conduct while using our Site. You will not:

• Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
• Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
• Sell, resell or commercially use our Site;
• Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Site, except as expressly permitted by us or our licensors;
• Modify our Site, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Site;
• Use our Site other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Site or that could damage, disable, overburden or impair the functioning of our Site in any manner;
• Reverse engineer any aspect of our Site or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Site;
• Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Site;
• Develop or use any applications that interact with our Site without our prior written consent;
• Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
• Bypass or ignore instructions contained in our robots.txt file; or
• Use our Site for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

You may also post or otherwise share only User Content, if our Site allows User Content, that is non-confidential and that you have all necessary rights to disclose. You may not create, post, store or share any User Content that:

• Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
• Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
• May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
• Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
• Impersonates, or misrepresents your affiliation with, any person or entity;
• Contains any unsolicited promotions, advertising or solicitations;
• Contains any private or personal information of a third party without such third party’s consent; or
• Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content.

Enforcement of this Section 4 is solely at our discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 4 does not create any private right of action on the part of any third party or any reasonable expectation that the Site will not contain any content that is prohibited by such rules.

5. OWNERSHIP; LIMITED LICENSE

The Site, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by us or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Site are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Site for your own personal, noncommercial use. Any use of the Site other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.

6. TRADEMARKS

Our logos, our slogans, and the look and feel of the Site are our trademarks and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names or logos mentioned on the Site are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.

7. FEEDBACK

You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about us or our Site (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Feedback in our sole discretion. You understand that we may treat Feedback as non-confidential.

8. THIRD-PARTY CONTENT, PRODUCTS, AND SITES

We may provide information about third-party organizations, events, products, services, or activities, or we may allow third parties to make their content and information available on or through the Site (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. We do not control or endorse, and make no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.

No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All other categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

9. INDEMNIFICATION

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless us, our employees, contractors, service providers, consultants, successor organizations, and each of their respective officers, directors, agents, partners and employees (individually and collectively, the “Indemnified Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your User Content or Feedback; (b) your violation of these Terms; (c) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (d) your misconduct in connection with the Site. You agree to promptly notify Indemnified Parties of any third-party Claims, cooperate with Indemnified Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the Indemnified Parties will have control of the defense or settlement, at the Indemnified Party’s sole option, of any third-party Claims.

10. DISCLAIMERS

Your use of our Site is at your sole risk. Except as otherwise provided in a writing by us, our Site and any content therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, we do not represent or warrant that our Site is accurate, complete, reliable, current or error-free. While we attempt to make your use of our Site safe, we cannot and do not represent or warrant that our Site or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Site.

11. LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, we, our employees, contractors, service providers, consultants, successor organizations, and each of their respective officers, directors, agents, and employees, will not be liable to you under any theory of liability (whether based in contract, tort, negligence, strict liability, warranty, or otherwise) for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if such parties have been advised of the possibility of such damages. Our total liability, including that of our employees, contractors, service providers, consultants, successor organizations, and each of their respective officers, directors, agents, and employees, for any claim arising out of or relating to these Terms or our Site, regardless of the form of the action, is limited to the amount of compensation you pay, if any, to use or access the Site.

Certain state laws may not allow limitations on implied warranties or the exclusion of certain damages. Therefore, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.

12. GOVERNING LAW AND VENUE

Any dispute arising from these Terms and your use of the Site will be governed by and construed and enforced in accordance with the laws of the State of Florida, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. Any dispute between the parties will be exclusively resolved in the state or federal courts in Miami-Dade County, Florida.

13. MODIFYING AND TERMINATING OUR SITE

We reserve the right to modify our Site or to suspend or stop providing all or portions of our Site at any time. You also have the right to stop using our Site at any time. We are not responsible for any loss or harm related to your inability to access or use our Site. All of the terms of these Terms (excluding our license grants to you) will survive any termination or suspension.

14. SEVERABILITY

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

15. MINORS

Our Site is available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use our Site only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for upholding all Terms.

16. MISCELLANEOUS

Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.

17. COPYRIGHT POLICY

We respect the intellectual property of others, and we ask those posting or transmitting any content to our Site to respect copyright law. It is our policy to restrict and/or terminate in appropriate circumstances the ability to submit content and/or use the services and any associated websites by individuals or entities that repeatedly submit infringing content in violation of these Terms. If you believe that your work has been copied and is available on our Site in a way that constitutes copyright infringement, you may notify us according to the notice requirements of the Digital Millennium Copyright Act (“DMCA”) and any other applicable law. Pursuant to 17 U.S.C. Section 512, our DMCA registered agent can be reached as follows: by mail to Copyright Officer, XILUET SMILE, 8396 SW 8th St 1st floor, Miami, FL 33144; and by telephone at 305-615-5500. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.

18. CONTACT US

If you have any questions or comments about our Privacy Policy, the ways in which we collect and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us or, if applicable, submit a verifiable consumer request to us, by either:

Calling us at 305–615-5500;
E-mailing us at info@xiluetsmiles.com ; or
Sending correspondence to: 8396 SW 8th St 1st floor, Miami, FL 33144