mobiel
SmileArt – Terms & Conditions
Last updated: 25 July 2025
Please read these Terms & Conditions carefully before using the SmileArt mobile application. By creating an account or using the SmileArt App, you agree to be bound by these Terms. If you do not agree, please do not use the App.
1. Definitions & Parties
User / you
A natural person who has created an account in the App.
Dentist
The licensed dental-care professional who invites a user to the App and provides clinical guidance. The dentist acts as Data Controller for all health data uploaded by, or on behalf of, the user.
SmileArt B.V.
SmileArt B.V. ("SmileArt", "we", "us") is a Dutch private limited company registered at Boerhaavelaan 40, 2713 HX Zoetermeer, The Netherlands. SmileArt acts as Data Processor for health data and as Controller for account-related technical data.
App
The SmileArt mobile application for Android and iOS, including updates, upgrades, and any related web components.
2. Governing Law & Jurisdiction
These Terms and any related obligations are governed by Dutch law.
Any disputes will fall under the jurisdiction of the courts of Amsterdam, except where mandatory consumer protection laws in the user’s country of residence apply.
3. Regulatory Classification & Disclaimers
SmileArt is not an emergency service.
The App is not intended for acute or life-threatening medical situations. If you believe you are experiencing a medical emergency, contact your local emergency services immediately.
SmileArt is designed for communication and photo-based treatment progress tracking only. It does not perform diagnosis or treatment planning and is therefore currently classified as non-medical software under EU MDR Rule 11.
If future functionality influences clinical decisions, SmileArt may seek CE certification as required.
4. Eligibility & Parental Consent
Users must be 16 years or older.
Where national law or a treating dentist requires, users under 18 may need parental consent.
By creating an account, you confirm that:
- you meet the age requirements
- the information provided is accurate and current
5. Account Creation & Security
To use the App, you must create an account using:
- Name
- Email address
- Date of birth
- Registration code provided by your dentist
You are responsible for keeping your login details secure.
You must notify SmileArt immediately if you suspect unauthorised access to your account.
6. Data Processing Framework
Roles
The treating dentist is responsible for health data as Data Controller.
SmileArt acts as:
- Data Processor for health-related content
- Data Controller for technical telemetry and account metadata
Categories of data
- Identification data (name, email, date of birth)
- Health data (photos, treatment notes, aligner progress)
- Technical data (performance metrics, crash reports, anonymised telemetry)
Legal basis
Health data is processed under GDPR Article 9(2)(h), because it is necessary for healthcare provision.
Consent
Explicit consent is requested for:
- storing treatment photographs
- push notifications
Consent can be withdrawn at any time through app settings.
Sub-processors
SmileArt uses:
- Google Firebase (EU hosted)
- Google Crashlytics
- Sentry
Security measures
Data is protected using:
- TLS 1.3 encryption in transit
- AES-256 encryption at rest
- Least-privilege access controls
- MFA
- Audit logging
Retention
- Medical records are retained according to Dutch healthcare retention rules
- Account and telemetry data are deleted or anonymised after account closure
7. User Rights under GDPR
Users may request:
- Access
- Rectification
- Erasure
- Restriction
- Portability
- Objection
Requests can be submitted via:
Users may also file a complaint with the Dutch Data Protection Authority (Autoriteit Persoonsgegevens).
8. Acceptable Use
The App may only be used for legitimate dental-care purposes.
The following content is prohibited:
- explicit or sexual imagery
- content violating privacy or intellectual property rights
- hateful, abusive, or discriminatory material
Illegal or prohibited content may be removed and accounts may be suspended or terminated.
9. Platform-Specific Terms
Apple iOS
Apple Inc. is not responsible for the App or its content.
Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them where applicable.
Google Play
Google has no obligation to provide support for the App.
Distribution through Google Play remains subject to Google’s own terms.
10. Push Notifications
Clinical notifications are considered part of the core service.
For example:
- reminders to upload aligner progress photos
- treatment-related alerts
Disabling notifications may reduce app functionality.
Marketing notifications require separate consent.
11. Intellectual Property
SmileArt owns all software, branding, and platform-related intellectual property.
Users retain ownership of uploaded photos and messages, but grant SmileArt and the treating dentist a licence to store and process that content solely for treatment and administration purposes.
12. Liability
SmileArt is not liable for:
- treatment outcomes
- diagnosis
- clinical advice provided by the dentist
SmileArt’s maximum liability is limited to:
- total fees paid during the previous 12 months
or - €500
whichever is higher.
Nothing limits liability where exclusion is not legally permitted.
13. Termination & Data Deletion
Users may delete their account at any time through app settings.
SmileArt may suspend or terminate accounts in cases of:
- breach of Terms
- unlawful conduct
- security risk
Data handling after termination follows the retention policy.
14. Changes to Terms
SmileArt may update these Terms.
Material changes will be communicated:
- by email
- in-app
At least 14 days before taking effect.
Continued use of the App means acceptance of the updated Terms.
15. Dispute Resolution
Users are encouraged to contact SmileArt first via:
If unresolved after 30 days, disputes may be brought before the competent court.
16. Contact
Smile Art B.V.
Boerhaavelaan 40
2713 HX Zoetermeer
The Netherlands
Email: info@smileart.nl