Terms and Conditions

BiteBot Terms and Conditions

Effective Date: May 2025

These Terms and Conditions (“Terms”) govern your use of the BiteBot application and services (“App”, “Services”), operated by BiteBot (“we”, “us”, or “our”). These Terms include our data processing terms (Section [4]) which govern how we handle personal data. No separate Data Processing Agreement is required.

1. Acceptance of Terms

By accessing or using BiteBot, you agree to be bound by these Terms, our Privacy Policy, and any additional guidelines or notices we provide. If you do not agree, you may not use the Services.

2. Eligibility

To use the App, you must:

  • Be at least 18 years old;

  • Be authorized to act on behalf of a business or organization registered within the app;

  • Provide complete and accurate account information.

3. Description of Services

BiteBot is a software platform that enables users to:

  • Schedule and manage social media posts;

  • Create and manage paid advertising campaigns on third-party platforms;

  • Collect, organize, and manage leads via a CRM;

  • Send communications via SMS, email, or messaging integrations;

  • Access marketing and engagement analytics.

BiteBot provides the tools only. You, the user, are fully responsible for how those tools are used, and for all communications, campaigns, data, and results generated through the platform.

3A. SmileGen Intended Use (Cosmetic Visualization Only).

  • The SmileGen module provides cosmetic visualization only. SmileGen is not a medical device and must not be used to diagnose conditions, recommend treatment, predict clinical outcomes, or replace professional dental judgment. All clinical decisions remain the sole responsibility of licensed dental professionals. You agree not to rely on SmileGen for diagnosis or treatment planning and to present SmileGen outputs only as simulations.

3B. Output Watermark & Display.

  • All SmileGen images are automatically labeled and/or watermarked “SIMULATION — NOT A CLINICAL OUTCOME.” You agree not to remove, obscure, or alter this label and to disclose prominently that actual results vary by individual anatomy and clinician technique. You are responsible for any advertising or patient communications using SmileGen outputs and for complying with applicable dental advertising rules and platform policies.

4. Data Processing and Privacy

4.1 COSMETIC VISUALIZATION SERVICE

Client acknowledges that BiteBot SmileGen is a cosmetic smile visualization tool for marketing and educational purposes only. This service does not provide medical diagnosis, treatment recommendations, or clinical decision support.

4.2 DATA PROCESSING

We process personal data as follows:

- Type: Dental photographs and contact information

- Purpose: Creating AI-generated cosmetic smile visualizations

- Retention: Automatic deletion after 30 days

- Security: AES-256 encryption at rest, TLS 1.2+ in transit

- Infrastructure: SOC2 Type II compliant (Supabase)

4.3 CLIENT RESPONSIBILITIES

By using BiteBot SmileGen, you agree to:

- Use visualizations for marketing/educational purposes only

- Not rely on outputs for medical or clinical decisions

- Obtain appropriate consent before uploading any photos

- Maintain compliance with applicable privacy laws

- Acknowledge that results are artistic renderings only

4.4 SECURITY INCIDENTS

We will notify you within 24 hours of any security incident affecting your data. You are responsible for any required notifications to individuals.

4.5 SUBPROCESSORS

We use the following subprocessors:

- Supabase (database hosting)

- Vercel (application hosting)

- Replicate (AI processing)

4.6 DATA DELETION

All data automatically deleted after 30 days. Immediate deletion available upon request to [email protected].

5. Subscription and Payment

  • BiteBot requires a paid subscription to access its services.

  • Pricing, billing frequency, and payment method options are disclosed at signup.

  • Fees are non-refundable except within the first 30 days as outlined upon sign up (money back guarantee ONLY applies to the account subscription fee - all other fees for SMS and Phone are not included and must always be covered by the card/account holder).

  • Failure to pay may result in suspended or terminated access within 24 hours of payment failure.

5A. Healthcare & Advertising Compliance

  • If you are a covered entity or business associate under applicable health-information laws, you will use SmileGen in compliance with those laws and with any Business Associate Agreement (BAA) we execute upon request. You further agree that all marketing claims, testimonials, before/after presentations, and endorsements using SmileGen outputs will be truthful, non-misleading, and properly disclosed, and will comply with applicable state dental board rules and advertising laws.

6. User Responsibilities

As a user of the platform, you are solely and fully responsible for:

  • The accuracy, content, and legality of any data, messages, ads, or media you upload, publish, or send using BiteBot;

  • Obtaining proper consent and legal basis for contacting any leads or customers;

  • Ensuring compliance with applicable privacy, advertising, and communication laws (e.g., GDPR, CCPA, CAN-SPAM);

  • Any claims, liabilities, losses, damages, or disputes that arise from your business’s use of the platform;

  • Your public representation, brand image, business messaging, and outcomes resulting from your social media campaigns or lead management efforts.

BiteBot does not create or review your messages, ads, or business communications, and assumes no responsibility or liability for any actions, statements, or results tied to your use of the platform.

7. Limited Role of BiteBot

BiteBot is a neutral service provider. We do not act as a marketing consultant, business advisor, legal representative, or communications agent. We do not guarantee the performance of your campaigns, the behavior of your leads, or the outcomes of your marketing or outreach efforts.

You acknowledge that all risks, including reputational, financial, and legal, rest with you, the user.

7A. No Reverse Engineering / No Model or Data Scraping. You shall not (i) reverse engineer, decompile, or attempt to derive the source code, models, or underlying algorithms; (ii) access the Services to build a competing product or service; (iii) scrape, harvest, or export SmileGen outputs or intermediate data for the purpose of training or improving a separate model or dataset; or (iv) benchmark or publish performance results except with our prior written consent.

8. Social Media & Third-Party Integrations

To deliver certain features, BiteBot connects to third-party platforms (e.g., Facebook and Instagram) on your behalf. You are responsible for complying with those platforms’ terms and for the content and activities conducted through those integrations.

9. Termination

We may suspend or terminate your access if:

  • You violate these Terms or applicable laws;

  • You misuse the App or violate third-party terms;

  • You fail to pay subscription fees.

You may cancel at any time. Your data may be retained or deleted in accordance with our Privacy Policy.

10. Intellectual Property

All BiteBot software, content, trademarks, and branding belong to BiteBot. You may not copy, resell, or misrepresent our services without explicit written permission.

10A. Customer Content & Training. As between the parties, you retain all rights in Customer Content (including images you upload and your patient data). We do not claim ownership of Customer Content. We do not use Customer Content to train generalized models or for marketing without your express written consent. You grant us a limited license to process Customer Content solely to provide and support the Services and to maintain security, quality, and reliability.

10B. Biometric & Sensitive Image Handling. SmileGen may analyze facial landmarks or geometry to align and render simulations. Where required by law, you will obtain any necessary written consent from individuals, provide applicable notices, and comply with retention/deletion obligations. We do not sell biometric identifiers or information. We maintain a posted retention schedule and delete biometric identifiers within the time required by law or upon your verified request.

11. Disclaimer of Warranties

The App is provided “as is” and “as available”, with no warranties of any kind. We make no guarantees regarding:

  • The effectiveness or legality of your campaigns or messages;

  • Continuous or error-free availability of the Services;

  • Success or ROI from any use of the App.

12. Limitation of Liability

To the fullest extent permitted by law, BiteBot shall not be liable for:

  • Any indirect, incidental, special, punitive, or consequential damages;

  • Any reputational, legal, or business losses resulting from your use of the App;

  • Any action or inaction taken by leads, customers, third-party platforms, or regulatory agencies;

  • Any content you create, publish, or distribute through the platform.

Your sole remedy for dissatisfaction with the App is to stop using the Service.

13. Indemnification

You agree to defend, indemnify, and hold harmless BiteBot, and their employees, contractors, and affiliates from any claims, damages, or losses arising from:

  • Your use of the App;

  • Your communications and interactions with leads or third parties;

  • Any breach of these Terms or applicable laws.

13A. Healthcare, Advertising & Data Indemnity. You will defend and indemnify us against claims arising from (i) your clinical use or reliance on SmileGen outputs; (ii) your advertising, representations, or testimonials; (iii) your failure to obtain consents or comply with privacy/biometric laws; or (iv) your breach of Section 7A (No Reverse Engineering / No Scraping).

14. Governing Law

These Terms are governed by the laws of the State of New York, without regard to conflict of law provisions.

15. Changes to Terms

We reserve the right to update these Terms at any time. Significant changes will be communicated via the App or email. Continued use after such updates indicates your acceptance.

16. Contact

For questions or support, contact: [email protected]

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