Last Updated: July 21, 2026
PLEASE READ THE FOLLOWING TERMS CAREFULLY. THEY GOVERN YOUR USE OF THE Opensmile PLATFORM AND SERVICES. BY ACCESSING OR USING Opensmile, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE PLATFORM.
Welcome to Opensmile! The website(s) including the domain and subdomains of opensmile.ca (the "Site") are owned and operated by Opensmile Inc. ("Opensmile", "we", "us", or "our"). These Terms of Use (the "Terms") set out the terms and conditions governing your access to and use of the Site, our mobile applications, and the features and functionality of the Opensmile services described below (together with the Site, the "Services"). These Terms form an agreement between Opensmile and you. The terms "you", "your", or "User" refer to the person browsing, accessing, or otherwise using the Services. If you execute an order form or subscription agreement ("Order Form") with us to purchase Services, the Order Form also forms part of this agreement and the term "Customer" shall refer to the person or entity executing the Order Form with Opensmile.
1.1 Communications Generally
When you visit the Site or send emails, texts, or other electronic messages to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by email, SMS, push notification, or by posting notices on this Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
1.2 Email Communications
By creating an account on the Site, you acknowledge and agree that Opensmile will send service-related emails relating to your account, including appointment reminders, booking confirmations, and service updates. These transactional communications are necessary for the operation of your account and cannot be opted out of while your account remains active. You may also receive promotional communications regarding our products and services. You can unsubscribe from promotional emails at any time by clicking the unsubscribe link in any such communication.
1.3 SMS and Telephonic Communications
By opting in to receive SMS messages or telephone calls from us, you acknowledge and agree that you are solely responsible for providing Opensmile with accurate contact information, including your mobile device number and email address. You represent that you are the current subscriber or owner of any telephone number that you provide. Should your contact information change, you agree to notify us promptly. Opensmile is not responsible for communications sent to outdated contact information. Standard message and data rates may apply to SMS communications.
These Terms, in the form posted at the time of your use of the applicable Services, shall govern such use. As our Services evolve, we may modify these Terms prospectively. Each time you access or use the Services, you are entering into a new agreement with us on the then-applicable terms. We may notify you of changes by posting updated Terms on the Site or by other reasonable means. Your continued use of the Services after such notice constitutes your acceptance of the updated Terms. We reserve the right to change, suspend, or discontinue any aspect of the Services at any time, provided that if you have executed an Order Form, we will not materially degrade any Services purchased by you during the applicable subscription period.
We only use your information as described in our Privacy Policy. We are committed to the protection of your privacy and personal information. You represent and warrant that any data, information, or records that you submit to the Site will only contain personal information for which you have provided all necessary notices and disclosures, obtained all applicable third-party consents and permissions, and otherwise have all authority required under applicable laws to enable us to provide the Services. You acknowledge that the handling of personal health information may be subject to additional agreements or terms, including any applicable data protection or health information legislation.
4.1 Patient Marketplace Services
Opensmile provides a platform that allows individuals to search for dental care providers, read reviews, and schedule appointments. You agree to use the patient marketplace only for the following purposes:
4.2 Clinic Services
Opensmile also provides practice management and marketing services to dental clinics that have subscribed to our platform. These services may include clinic profile management, appointment scheduling tools, patient communication features, review management, analytics, and other services as described in the applicable Order Form or subscription agreement.
4.3 Account Security
To access certain features of the Services, you may be required to create a user account with login credentials ("User ID"). You agree to keep your User ID secure and will not share it with anyone else. We will not be liable for any loss or damage arising from your inability or failure to comply with this obligation. You are responsible for all activity that occurs under your account and agree to notify us immediately if you become aware of any unauthorized use of your account.
4.4 Responsibilities When Using the Services
By using the Services, you agree to:
If we have reason to believe that you have failed to comply with the above, Opensmile may without notice suspend or terminate your access to our Services and refuse any and all current or future use of our Services.
5.1 General
Opensmile may offer you the opportunity to submit reviews, messages, text, images, photos, comments, feedback, and other content (collectively, "User Submissions") through the Services. Except as otherwise described in the Privacy Policy, your User Submissions will be treated as non-confidential, and Opensmile does not assume any obligation with respect to your User Submissions.
5.2 Representations
For any User Submissions, you represent and warrant that:
5.3 Content Guidelines
When submitting content to the Services, you agree to the following:
5.4 License to User Submissions
By submitting User Submissions, you grant Opensmile a non-exclusive, worldwide, irrevocable, perpetual, royalty-free right and license to use, copy, distribute, reproduce, display, publish, translate, create derivative works from, and otherwise exploit your User Submissions in any manner and through any medium now known or hereafter developed, for any purpose including advertising and marketing the Services. You understand that you will not receive any compensation for any of the rights granted in this section. Opensmile reserves the right to remove any User Submissions at its sole discretion.
If you subscribe to Opensmile's clinic services or otherwise execute an Order Form with us, you agree that Opensmile will collect, use, and process data from your organization (including patient information) for the purpose of providing the Services ("Clinic Data"), subject to our Privacy Policy and any applicable additional agreements.
With respect to Clinic Data, you represent and warrant that:
You shall exclusively own all Clinic Data. You hereby grant Opensmile a non-exclusive, non-transferable, royalty-free right to use Clinic Data to provide the Services, generate aggregate and anonymized data to improve the Services, and as otherwise described in the Privacy Policy.
7.1 Opensmile Materials
All materials on this Site and Services, including without limitation information, images, illustrations, audio, video, trademarks, trade dress, logos, trade names, and service marks (collectively, the "Opensmile Materials") are protected by intellectual property rights owned and controlled by Opensmile, its affiliates, or their licensors. The Opensmile Materials may not be copied, downloaded, reproduced, republished, uploaded, posted, transmitted, or distributed without the prior written consent of Opensmile, except as specifically permitted by these Terms.
7.2 Limited License
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to access and use the Opensmile Materials for your personal, non-commercial use only. This license does not give you any ownership of, or any other intellectual property interest in, any Opensmile Materials, and may be immediately suspended or terminated at our sole discretion without advance notice or liability.
You will not use the Services in violation of these Terms or any applicable law. Without limiting the foregoing, you will not (and will not attempt to) directly or indirectly:
You acknowledge and agree that:
The Site may contain links or provide access to third-party websites, content, or services. Opensmile does not endorse any third-party websites or services and does not guarantee their quality, accuracy, reliability, or fitness for any purpose. Third-party websites and services are not under Opensmile's control, and if you choose to access them, you do so at your own risk. You may be required to accept separate terms of use when accessing third-party services.
The Site may integrate with social networking services or other third-party platforms. We do not control such services and are not liable for the manner in which they operate.
Certain Services require payment of fees. If you subscribe to paid Services, you agree to pay all applicable fees as described in the applicable Order Form or subscription agreement. All fees are quoted in Canadian dollars unless otherwise specified. You are responsible for providing accurate and current billing information. Opensmile reserves the right to suspend or terminate access to paid Services in the event of non-payment.
Unless otherwise stated, subscriptions automatically renew at the end of each billing period. You may cancel your subscription at any time through your account settings or by contacting us, but cancellation will take effect at the end of the current billing period and no refunds will be issued for partial periods.
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR CONDITIONS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS IN THIS SECTION MAY NOT APPLY AND YOU MAY HAVE ADDITIONAL RIGHTS.
YOU ACKNOWLEDGE AND AGREE THAT THE SITE AND ALL MATERIALS PROVIDED THROUGH THE SITE OR OTHERWISE BY Opensmile ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. Opensmile DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS WITH RESPECT TO THE SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR COLLATERAL, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, AND NON-INFRINGEMENT, OR ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
IN THE EVENT OF ANY INTERRUPTION OR DISRUPTION IN THE SERVICES FOR ANY REASON, Opensmile WILL NOT BE REQUIRED TO ISSUE A REFUND FOR ANY PURCHASE MADE BY YOU. Opensmile WILL USE REASONABLE EFFORTS TO RESTORE SERVICE AS SOON AS REASONABLY POSSIBLE.
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Opensmile, its affiliates, and each of their officers, directors, agents, employees, licensees, successors, and assigns ("Opensmile Parties") from any claims, causes of action, demands, losses, damages, fines, penalties, or other costs or expenses of any kind, including reasonable legal fees, arising out of or in connection with:
You will cooperate as reasonably required by the Opensmile Parties in the defense of any claims. Opensmile Parties retain the exclusive right to settle, compromise, and pay any claims, and reserve the right to assume the exclusive defense and control of any claims.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Opensmile BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES; OR LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES, OR OTHER LIABILITIES, WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE SERVICES OR THESE TERMS.
TO THE EXTENT THAT THE FOREGOING LIMITATION IS NOT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE GREATER OF (A) ONE THOUSAND CANADIAN DOLLARS (CAD $1,000), OR (B) IF YOU HAVE EXECUTED AN ORDER FORM WITH Opensmile, THE TOTAL AMOUNT OF FEES PAID BY YOU TO Opensmile IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. While we will make reasonable efforts to resolve any disagreements you may have with Opensmile, if these efforts fail, you agree that any claims, disputes, or controversies arising in connection with these Terms or your use of the Services shall be resolved through binding arbitration administered in accordance with the applicable rules of the ADR Institute of Canada, unless the matter qualifies for small claims court. The arbitration shall be conducted in the English language and shall take place in the province of Ontario, Canada, or at another location mutually agreed upon in writing.
YOU AND Opensmile AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE PROCEEDING. UNLESS YOU AND Opensmile AGREE OTHERWISE, NO ARBITRATOR MAY CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
These Terms will commence on the day you first use the Services and will continue for as long as you use the Services or until terminated. Opensmile may, at any time: (i) suspend or terminate your rights to access or use the Services; or (ii) terminate these Terms if, in the sole discretion of Opensmile, you fail to comply with any provision of these Terms or engage in any fraudulent or harmful activity.
You may terminate these Terms at any time by ceasing use of the Services and closing your account. Upon termination, your right to use the Services will immediately cease. The provisions of these Terms which by their nature should survive termination will survive, including the rights and licenses you grant to Opensmile, as well as the indemnities, disclaimers, limitations on liability, and the provisions regarding dispute resolution and governing law.
17.1 Governing Law
These Terms are governed by and shall be construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any principles of conflicts of law.
17.2 Entire Agreement
These Terms, together with the Privacy Policy and any applicable Order Form or additional terms, constitute the entire agreement between you and Opensmile with respect to the Services and supersede all prior or contemporaneous communications, proposals, and agreements, whether electronic, oral, or written.
17.3 Waiver
Our failure to enforce any provision of these Terms will not be construed as a waiver of any provision or right. A waiver of any provision must be in writing and a waiver in one instance will not preclude enforcement on other occasions.
17.4 Severability
If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions.
17.5 Assignment
You may not assign these Terms or any of your rights to the Services to any third party without our prior written consent. Opensmile may assign any or all of its rights and obligations under these Terms to any third party without your consent. Any assignment in violation of this section will be void.
17.6 Geographic Restrictions
Opensmile makes no representation that the Services are appropriate or available for use in locations outside of Canada. We provide the Services for use only by persons located in Canada. If you choose to access the Services from locations outside Canada, you do so at your own risk and are responsible for compliance with local laws.
17.7 Language
It is the express wish of the parties that these Terms and all related documents be drawn up in English. Les parties aux présentes ont expressément demandé que cette convention et tous les documents qui s'y rattachent soient rédigés en anglais.
If you have any questions about these Terms, please contact us at support@opensmile.ca.
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