TERMS & CONDITIONS OF USE
1. Scope
These Terms & Conditions of Use ("T&C") govern access to and use of the SmileNow platform ("SmileNow", "the Platform"), which facilitates the connection between patients ("Users") and dental clinics ("Clinics") located in the Republic of Moldova.
SmileNow operates solely as a digital intermediary and facilitation platform.
SmileNow does not deliver medical services, nor does it provide diagnoses, medical opinions, or treatment recommendations.
All medical services are rendered exclusively by the Clinics and their licensed healthcare professionals.
By accessing or using the Platform, the User confirms acceptance of these T&C and agrees to abide by them, without any changes.
If you do not agree to these terms of use, please refrain from using the Platform.
2. Definitions
- Clinic
- dental medical provider partnering with SmileNow, provided within the Partnership List.
- Medical Data
- special category data relating to health, voluntarily uploaded by the User or transmitted by a Clinic.
- Partnership List
- list of Clinics partnered with SmileNow and provided by the Platform.
- Parties
- User and the Platform (including the Clinics).
- Services
- digital services provided by SmileNow, including:
- general non-medical information;
- user–clinic connection;
- assistance with logistical and administrative steps for the User's medical trip;
- secure messaging and file transfer;
- payment facilitation.
- Treatment Plan
- a written, non-binding document prepared by a Clinic that describes the proposed medical or dental procedures and provides an estimated cost based on the information available at the time of assessment.
- User
- any natural person over 18 who accesses or uses the Platform and has the necessary legal capacity to use the Service.
3. Registering with SmileNow
3.1. User eligibility and conditions
- Users must be 18 years of age or older and have the necessary legal capacity to use the Service.
- When the User creates an account with SmileNow, the User must provide accurate, complete, and up-to-date information at all times.
- Failure to do so constitutes a breach of the T&C, which may result in the immediate termination of User's account within the Platform.
The Platform must only be used to:
- obtain general information about dental treatments;
- request a preliminary assessment;
- communicate with Clinics;
- manage appointments, documents, travel logistics;
- review treatment plans.
Commercial use, advertising, or use on behalf of another company is prohibited.
By registering, the User gives the permission for clinical photos and/or videos to be taken which may be used to, but not limited to, form part of User's clinical record, communicate with the laboratory or other dental professionals', diagnosis, education and marketing while maintaining your full confidentiality (Teeth but not facial photos).
4. Description of services provided by SmileNow
4.1. General description of services
SmileNow provides non-medical content, including treatment overviews, clinic information, pricing details, and frequently asked questions.
This information is provided solely for general guidance and may not accurately reflect the User's specific clinical condition.
If the User is referred to a specialist or to secondary/tertiary care, SmileNow is not responsible for any treatment provided by a third party.
4.2. User – Clinic connection
SmileNow provides the following facilities in order to enable User to benefit off of the Services:
- securely transmits medical files and information provided by the User to selected Clinics;
- facilitates the receipt of preliminary, non-binding treatment plans and indicative pricing;
- enables and organizes communication between Users and Clinics through technical tools;
- does not provide medical services or participate in medical decision-making.
SmileNow does not:
- interpret medical files;
- provide medical recommendations;
- validate clinical decisions.
4.3. User responsibility for direct arrangements with Clinics
Where a User enters into any direct agreement, understanding, negotiation, or arrangement with a Clinic outside the Platform or independently of the Platform, including but not limited to modifications of pricing, scope of treatment, additional services, direct payments, discounts, or any verbal or written commitments, the Platform shall have no involvement in, control over, or responsibility for such arrangements.
The User acknowledges and agrees that all rights, obligations, risks, and legal consequences arising from any such direct arrangements rest solely with the User and the relevant Clinic.
The Platform shall not be liable for the performance, non-performance, amendment, or termination of any direct arrangements between the User and a Clinic, nor for any loss, damage, cost, or dispute arising therefrom.
The User agrees to indemnify and hold harmless the Platform from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with any direct arrangements entered into between the User and a Clinic.
4.4. Administrative & logistical assistance for the User
SmileNow may assist the User with:
- travel options (flights, transfers);
- accommodation recommendations;
- appointment coordination;
- administrative support requests.
All travel and accommodation costs are borne by the User.
4.5. Payments
- Accepted: Cash, Debit Card, Credit Card.
- Not Accepted: Cheques and American Express.
The Platform may require (depending on the selected Clinic) a non-refundable deposit or up-front payment for examinations, new patient examinations, emergency appointments, hygiene, consultations, assessments, treatment appointments, appointments with a resident or visiting specialists (e.g. implants, sedation, Invisalign, cosmetic work, smile makeovers), or for patients with a poor or unreliable attendance record.
It is at the selected Clinic's discretion to charge such up-front payments or deposits. Examples may include, but are not limited to: lengthy appointments, a new patient's initial appointments, hygiene appointments, evening and Saturday appointments, lab-related costs, treatment above a certain threshold, or a history of late, cancelled, or failed appointments.
The deposit requirement will apply starting from the second instance in which the User fails to attend an appointment or cancels it outside the permitted notice period (48 hours).
If the User subsequently fails to attend or cancels an appointment outside the permitted notice period after the deposit requirement has been imposed, the User will lose the deposit.
Any reductions, omissions or cancellations of deposits or late/missed appointment charges are wholly at the selected Clinic's discretion and upon careful consideration of each individual case.
Where the Platform enables digital payments, SmileNow may function as a payment facilitator by securely enabling the transfer of funds from Users to Clinics.
SmileNow does not set, control, or influence the pricing determined by the selected Clinics.
(Exact payment/refund rules to be completed: [INSERT PAYMENT POLICY])
4.6. Failure of payments
In the case of Users whose payment accounts are registered outside the jurisdiction of the Clinic or the Platform, the User must ensure that their payment method allows for international transactions, recurring payments, and currency conversions where applicable.
The User is solely responsible for any bank charges, exchange fees, or geographic restrictions that may impede successful payment.
By registering an account, the User expressly agrees that any unpaid balance is enforceable in the jurisdiction of the Clinic and authorizes the Platform to use international debt recovery services, cross-border collection agencies, or payment-processing partners to recover outstanding amounts.
Failure to maintain a valid method of payment or to settle any outstanding balance may result in immediate de-registration, suspension of access to services, and initiation of cross-border debt-collection procedures, including but not limited to international collection agencies, credit-reporting partners, or claims filed in the jurisdiction chosen by the Clinic.
The selected Clinic and the Platform reserve the right to recover all costs incurred in connection with such recovery.
Where the Platform is required to refer the matter to an external collection agent, the User shall be liable to reimburse the Platform for the full outstanding amount, together with all reasonable administration and collection costs actually incurred by the Platform.
5. Treatment plans
Any Treatment plan or estimate provided is for information purposes for the User only and as a record so that the User is aware of the treatment discussed, agreed and chosen by the User and the costs involved.
If the User wishes to change the Treatment Plan, they may do so directly through their account within the Platform, using the dedicated options available in their profile or treatment flow. Any requested changes will be reviewed and discussed with the selected Clinic, and an updated Treatment Plan will be issued accordingly.
If there are any points on the User's Treatment Plan or any aspects discussed during an appointment that the User wishes to question or clarify, they may do so by using the chat function with the selected Clinic within the Platform, prior to the treatment being carried out.
The Treatment plan and estimate can change due to various reasons including, but not limited to: changes in decision (e.g. Clinic or User), financial (e.g. User).
Treatment plans and estimates are valid for 180 days from the date the treatment plan was prescribed.
6. Obligations of the Clinics
The selected Clinic:
- bears sole responsibility for all medical services, including diagnosis, treatment planning, performance of procedures, and clinical outcomes;
- must comply with all applicable licensing requirements, professional standards, and ethical obligations governing healthcare practice;
- are responsible for ensuring the confidentiality and lawful handling of medical and health-related information of Users.
SmileNow does not provide medical services and shall not be liable or responsible for any medical acts, diagnoses, treatment decisions, clinical outcomes, or any form of malpractice committed by the Clinics or their medical professionals.
7. No medical liability of SmileNow
SmileNow:
- does not practice medicine and does not provide healthcare services of any kind;
- does not review, validate, approve, or endorse any Treatment plans, diagnoses, or medical opinions prepared by the Clinics;
- does not guarantee the accuracy, completeness, or reliability of any medical or health-related information uploaded, submitted, or shared by Clinics or Users;
- shall not be held liable for any medical complications, professional negligence, malpractice, or harm arising from or in connection with medical services.
All medical decisions, including whether to proceed with any treatment, rest solely with the Clinics and the Users.
8. User reviews
Users may submit reviews through the Platform, provided that such content:
- does not contain defamatory, abusive, false, or otherwise unlawful statements;
- does not include personal data or confidential information relating to third parties without lawful basis or consent;
- does not include advertising, promotional, or commercial content.
SmileNow reserves the right, but does not assume the obligation, to review, moderate, edit, or remove any user-generated content that it considers unlawful, inappropriate, or abusive, at its sole discretion.
9. Intellectual property
All content made available on the Platform, including but not limited to texts, images, graphics, designs, databases, logos, trademarks, interfaces, and software, is the exclusive property of SmileNow or its licensors and is protected by applicable intellectual property and copyright laws.
Users are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Platform strictly for personal and non-commercial purposes.
Any reproduction, distribution, modification, public display, reverse engineering, or commercial exploitation of the Platform content, in whole or in part, is strictly prohibited without the prior written consent of SmileNow or the relevant rights holder.
Unauthorized use of the Platform content may result in civil and/or criminal liability.
10. Data security
Users are responsible for taking appropriate measures to protect their devices, systems, and internet connections from viruses, malware, and other security threats.
SmileNow implements reasonable technical and organizational measures designed to protect the Platform and the personal data it processes. However, SmileNow does not guarantee that the Platform will operate without interruption, error, or be free from cyber threats, unauthorized access, or other security risks.
Users acknowledge that the use of online services inherently involves risks and accept that absolute security cannot be guaranteed.
11. Limitations of liability
SmileNow shall not be liable for any of the following:
- medical diagnoses, treatment decisions, or clinical outcomes, which remain the sole responsibility of Clinics and Users;
- issues related to travel, transfers, or accommodation arrangements;
- incorrect, incomplete, or misleading information provided by Clinics or Users;
- interruptions, errors, delays, or failures of the Platform caused by internet connectivity, technical malfunctions, or other external factors beyond SmileNow's control;
- indirect, incidental, consequential, or unforeseeable damages, including loss of profits or data.
SmileNow's liability is strictly limited to cases of proven negligence directly related to the functioning of the Platform itself. In no event shall SmileNow be liable for matters outside the Platform's operation or for any damages arising from the provision of medical services.
12. Modification of the T&C
SmileNow may modify these T&C at any time. Users will be notified online, by mailing provided within the account section.
Use of the Platform after modifications constitutes acceptance.
13. Governing law & dispute resolution
These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the Republic of Moldova.
The authoritative language of these T&C is Romanian, and in the event of any discrepancy, the Romanian version shall prevail.
The Parties agree to use their best efforts to resolve disputes promptly and amicably. Any dispute, claim, or controversy arising out of or in connection with these T&C, including their validity, interpretation, performance, or breach, shall initially be addressed through amicable negotiations conducted in good faith between the parties.
If the dispute cannot be resolved within a reasonable period, the Parties agree that the matter shall next be submitted to a neutral alternative dispute resolution procedure (such as mediation or online dispute resolution).
If the dispute cannot be resolved through amicable settlement within a reasonable period, it shall be submitted exclusively to the competent courts of the Republic of Moldova, which shall have jurisdiction over any unresolved disputes. The Parties expressly waive any objection to such jurisdiction and venue.
Users located outside the Republic of Moldova acknowledge and agree that:
- (i) Moldovan judgments may be recognised and enforced in their home jurisdiction according to applicable treaties or local law;
- (ii) they must comply with all procedural requirements necessary for such enforcement; and
- (iii) they shall bear any additional costs arising from cross-border enforcement.