smileslot

Terms of Service

Effective Date: Thursday, 30th October 2025

1. Acceptance of Terms

By accessing or using the website at https://smiles.co.ke (the “Website”) and/or any mobile application provided by Smiles Co Kenya (collectively the “Service”), you agree to these Terms of Service (this “Agreement”). If you do not agree to these Terms, you must not use the Service.

2. Description of Service

Smiles Co Kenya provides SaaS Platform for practitioners who user registration, booking, dental/oral-health service matching, e-commerce, content etc. through the Website and associated mobile application (the “App”). We reserve the right to modify, suspend or terminate the Service (or any part thereof) at any time without notice.

3. Eligibility

You represent and warrant that you are at least 16 years old (or have reached the age of majority in your jurisdiction) and are legally capable of entering into contracts. If you are using the Service on behalf of an organisation, you represent that you have authority to bind that organisation.

4. Registration and Account Security

If you register an account on the Service:

• You must provide accurate, complete and up-to-date information.
• You are responsible for maintaining confidentiality of your account credentials (username, password).
• You are responsible for all activities under your account, whether authorised by you or not.
• You must notify us immediately of any unauthorised access or use of your account.

5. User Content

“User Content” means any text, images, videos, information or other material you upload, post or submit via the Service. By posting User Content, you grant Smiles Co Kenya a non-exclusive, worldwide, royalty-free, transferable, sublicensable licence to use, reproduce, distribute, display and prepare derivative works of that content in connection with delivering the Service.

You represent and warrant that you own or have the necessary rights to post your User Content, and that your content does not violate any law or third-party rights. Prohibited content includes (but is not limited to):

• nudity, sexual activities or pornography;
• hate speech, harassment or defamation;
• violence or threats of violence;
• fraudulent, misleading or illegal content;
• content infringing third-party intellectual property rights.

We may remove or disable access to any User Content that we deem in our sole discretion to violate these Terms or is otherwise objectionable. We reserve the right to investigate violations and to terminate or restrict access for users who breach these Terms.

6. Prohibited Uses

You agree not to:

• use the Service for any illegal or unauthorised purpose;
• impersonate another person or entity, or falsely represent your affiliation with a person or entity;
• interfere with or disrupt the Service or servers/networks connected to the Service;
• bypass any measures we use to prevent or restrict access to the Service;
• harvest or collect any information about other users without their consent;
• use the Service to transmit spam, viruses, worms or other harmful computer code;
• infringe any intellectual property, privacy or publicity rights of third-parties.

7. Intellectual Property

All rights, title and interest in and to the Service (excluding User Content) are owned by Smiles Co Kenya or its licensors, and are protected by intellectual property laws. You may not copy, modify, distribute, create derivative works of, publicly display or commercially exploit the Service or its content without our prior written consent.

8. Privacy and Data Protection

Use of the Service is also governed by our Privacy Policy, which is incorporated by reference into these Terms. Please review the Privacy Policy to understand how we collect, use, share and protect your personal data.

9. Payment, Fees & Refunds

If the Service charges any fees (e.g., subscription, in-app purchases, service fees):

• You agree to pay all applicable fees as displayed on the Service at the time you place an order.
• All fees are exclusive of applicable taxes unless otherwise stated.
• Refund eligibility (if any) will be as set out in a separate refund policy.
• Late payment may result in suspension or termination of your access.

10. Third-Party Services and Links

The Service may contain links to websites or services operated by third parties, or integrate third-party content. We do not endorse and are not responsible for the content, security or availability of any third-party service. Use of such services is at your own risk.

11. Warranty Disclaimer

The Service is provided “as is” and “as available”, without warranties of any kind, whether express or implied. To the fullest extent permitted by law, Smiles Co Kenya disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or accuracy of information.

12. Limitation of Liability

In no event shall Smiles Co Kenya, its officers, directors, employees or affiliates be liable for any indirect, incidental, special, consequential or punitive damages, including loss of profits, data, business or goodwill, arising out of or in connection with your use of (or inability to use) the Service, even if we have been advised of the possibility of such damages. To the maximum extent permitted by law, our aggregate liability for direct damages shall not exceed the amount you paid to us in the last 12 months.

13. Indemnification

You agree to indemnify, defend and hold harmless Smiles Co Kenya and its officers, directors, employees and affiliates from and against any claims, liabilities, damages, losses, costs and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of the Service; (b) your violation of these Terms; or (c) your infringement of any rights of another.

14. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, and without notice. Upon termination, all rights granted to you under these Terms will cease, and you must stop all use of the Service. Sections that by their nature survive termination (such as ownership, warranty disclaimers, indemnification, limitation of liability) shall continue in full force.

15. Changes to Terms

We may update these Terms from time to time. When changes are made, we will post the updated version on the Website and update the “Effective Date” above. Your continued use of the Service after the changes constitutes your acceptance of the new Terms.

16. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Republic of Kenya jurisdiction . Any dispute arising out of or relating to these Terms or the Service shall be resolved through either arbitration, mediation or courts located in Nairobi. You agree to submit to the exclusive jurisdiction of such courts.

17. App-Specific Provisions

• Platform Rules: If you download or use the App via Smileslot platform, Google Play or other app stores, you agree to abide by the store’s terms of service.
• In-App Purchases: Where the App offers in-app purchases, the purchase terms shall comply with Google Play policies and will be clearly disclosed.
• Permissions & Data Access: The App may request permissions (e.g., camera, microphone, location). We will request only those permissions necessary for functionality, we will disclose how the data is used, and users may disable permissions (with some functionality possibly reduced).
• User-Generated Content: The App may allow uploading of content or images. All such content remains subject to Section 5 above.
• Age Restrictions: The App is not directed to children under 16 years (or appropriate age in the jurisdiction). If we discover a child has created an account without parental consent, we will take steps to delete the account.
• Compliance with Store Policies: We warrant that the App complies with Google Play’s Developer Program Policies and other applicable platform requirements (e.g., data safety disclosures, target-SDK requirements, privacy disclosures).

18. Miscellaneous

Entire Agreement: These Terms, together with the Privacy Policy and any other policies or rules posted on the Service, constitute the entire agreement between you and Smiles Co Kenya regarding your use of the Service.

Waiver: Our failure to enforce any right or provision shall not constitute a waiver of such right or provision.

Severability: If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations freely.

Notices: We may provide notices via email, through the Service, or by posting on the Website. You are responsible for ensuring your account information is up to date.

19. Contact Information

If you have any questions about these Terms, please contact us at: