Legal
Terms of Service
These terms govern your use of SmilePlease and our services.
Last updated: January 1, 2026
Agreement to terms
By accessing or using SmilePlease (the "Service"), you agree to be bound by these Terms of Service. If you do not agree, do not use the Service. We may update these terms from time to time, and your continued use after changes constitutes acceptance.
Eligibility
You must be at least 18 years old to use SmilePlease. By using the Service, you represent that you are the parent or legal guardian of any child whose photo you upload, and that you have the legal authority to consent on their behalf.
Your account
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use. We reserve the right to suspend or terminate accounts that violate these terms.
User content and license
You retain ownership of photos you upload. By uploading content, you grant SmilePlease a limited, non-exclusive license to process your photos solely for the purpose of generating AI portraits and fulfilling your orders. This license terminates when we delete your content per our Privacy Policy.
You represent that you own or have the necessary rights to upload any content, and that your content does not infringe on any third party's rights.
Ownership of AI-generated portraits
The portraits we create are yours to use for personal purposes. Because these are AI-generated, they may not have the same copyright protections as traditional photographs. You should not rely on copyright protection for AI-generated portraits if you plan to use them commercially.
AI output disclaimer
SmilePlease uses AI (Google Gemini) to generate portrait images. You acknowledge and agree that:
- AI outputs may contain visual imperfections, variations, or unexpected details.
- We do not guarantee exact likeness or specific results.
- You should review all generated variations using the watermarked previews before purchasing.
- Generated images are provided "as-is" without warranty of fitness for a particular purpose.
Payments, orders, and fulfillment
Prices, taxes, and shipping costs are displayed at checkout. Payments are processed securely by Stripe. Print orders are fulfilled by our third-party print provider, Finerworks. By placing an order, you authorize us to charge your payment method for the total amount.
Orders are sent to production promptly after payment. Cancellations or changes are not guaranteed once an order is placed. See our Refund Policy for details.
Acceptable use
You agree not to upload content that is unlawful, harmful, abusive, or violates another person's rights. You may not use the Service to create deepfakes, non-consensual imagery, or content that impersonates others without authorization. We may remove content or suspend accounts that violate our Acceptable Use Policy.
Intellectual property
The SmilePlease name, logo, website design, and underlying technology are the property of SmilePlease. You may not copy, modify, distribute, or create derivative works without written permission.
Disclaimer of warranties
The service is provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the service will be uninterrupted, error-free, or completely secure.
Limitation of liability
In plain English: Like most online services, we limit our legal liability to the amount you paid us. We're not responsible for indirect damages.
To the fullest extent permitted by law, SmilePlease shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the service. Our total liability shall not exceed the amount you paid for the service that gave rise to the claim.
Indemnification
You agree to indemnify and hold harmless SmilePlease from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your use of the Service, your content, or your violation of these terms.
Dispute resolution
In plain English: If we have a legal dispute, we ask that you try to resolve it with us directly first. If that doesn't work, we'll use a neutral arbitrator instead of going to court. You agree to resolve issues individually, not as part of a class action lawsuit.
Informal Resolution: Before filing any legal claim, you agree to contact us at legal@smileplease.app to attempt to resolve the dispute informally. We will try to resolve the dispute within 30 days.
Binding Arbitration: If we cannot resolve a dispute informally, you and SmilePlease agree to resolve any claims through binding arbitration administered by JAMS, a neutral arbitration service, under its Streamlined Arbitration Rules, rather than in court. The arbitration will take place in Alameda County, California, unless we agree otherwise.
Class Action Waiver: You agree to resolve disputes with us on an individual basis and waive your right to participate in class actions, class arbitrations, or representative actions.
Small Claims Exception: Either party may bring qualifying claims in small claims court.
Termination
We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Upon termination, your right to use the Service ceases immediately. Provisions that by their nature should survive termination (including limitation of liability, indemnification, and dispute resolution) will survive.
Changes to terms
We may update these terms from time to time. We will notify you of material changes by posting the new terms on this page and updating the "Last Updated" date. For significant changes, we may also notify you via email. Continued use after changes means you accept the updated terms.
Governing law
These terms are governed by the laws of the State of California, without regard to conflict of law principles. Any disputes not subject to arbitration shall be resolved in the state or federal courts located in Alameda County, California, and you consent to personal jurisdiction in these courts.
Severability
If any provision of these terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
Entire agreement
These terms, together with our Privacy Policy and other policies referenced herein, constitute the entire agreement between you and SmilePlease regarding the Service.
Contact
Questions about these terms? Email us at legal@smileplease.app.