Terms of service

SS-POL-001
Smile Supply Co., LLC, doing business as Smile Supply
Effective date: October 1, 2026

Important Notice

THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT, A CLASS-ACTION WAIVER, AND A JURY-TRIAL WAIVER. PLEASE READ SECTION 22 CAREFULLY. YOU MAY OPT OUT OF ARBITRATION BY EMAIL WITHIN 30 DAYS AS DESCRIBED THERE.

1. Agreement and Scope

These Terms of Service (the “Terms”) are a binding agreement between you and Smile Supply Co., LLC, doing business as Smile Supply (“Smile Supply,” “we,” “us,” or “our”). They govern your access to and use of smilesupplyco.com and any other consumer-facing website, storefront, content, features, customer account, communications, products, orders, subscriptions, boosters, add-ons, and related services that link to these Terms (collectively, the “Services”).

By creating an account, placing an order, enrolling in a subscription, or otherwise affirmatively accepting these Terms, you agree to them. If you do not agree, do not create an account, place an order, enroll in a subscription, or use any restricted feature of the Services.

These Terms are intended for ordinary consumer transactions. They do not govern Smile Supply Partners, dental-practice or healthcare-provider relationships, wholesale or resale activity, professional programs, business accounts, or other B2B arrangements, except for ordinary use of publicly available portions of the website. Separate terms control those offerings. If additional terms apply to a particular consumer offering, those additional terms control to the extent of a conflict.

2. Eligibility; Adult Management of Children’s Products

You must be at least 18 years old, reside in the United States, and be legally capable of entering a binding contract to create an account, place an order, or enroll in a subscription. By doing so, you represent that you satisfy these requirements.

Some products may be designed or labeled for children. A parent or legal guardian who is at least 18 must purchase, select, supervise, and manage all such products and any associated account or subscription. The Services are not directed to children under 13, and children may not create accounts, submit personal information, or make purchases. If you believe a child has provided personal information, contact us promptly.

3. Accounts and Account Security

You may be able to create or use a customer account through Shopify or another service provider. You must provide accurate, current information; keep credentials confidential; and promptly update information that changes. You are responsible for activity conducted through your account to the extent permitted by law, except activity caused by our breach of duty or a security failure for which applicable law makes us responsible.

Notify us promptly at support@smilesupplyco.com if you suspect unauthorized access. We may require reasonable verification before changing account information, disclosing order information, or processing a request. Account features provided by Shopify may also be subject to Shopify’s applicable terms and privacy practices.

4. Product Information and Availability

Smile Supply is principally a retailer and curator of oral-care products manufactured, labeled, and packaged by independent third parties. Unless a product page or label expressly identifies Smile Supply as the manufacturer, Smile Supply does not manufacture that product. Inclusion of a product in a Smile Supply box, bundle, subscription, recommendation, or educational feature does not change the identity of the manufacturer or make Smile Supply the manufacturer. Nothing in this paragraph limits duties or liability that applicable law independently imposes on Smile Supply as a retailer, seller, distributor, importer, or other responsible person.

We try to describe products, colors, sizes, quantities, ingredients, materials, features, and images accurately. Displays and packaging may vary, and manufacturers may change packaging or nonmaterial product details. Information on a product’s physical label and package insert controls over a conflicting website summary concerning ingredients, directions, warnings, age ranges, or use.

Product names, trademarks, packaging, descriptions, and manufacturer materials belong to or are supplied by their respective owners. Our sale or display of a third-party product does not imply sponsorship, endorsement, affiliation, or an authorized-dealer relationship unless we expressly say so. We may rely on information provided by manufacturers, distributors, and other suppliers, but we remain responsible for correcting material information when required by law or when we become aware that it is inaccurate.

All products and offers are subject to availability. We may limit quantities, discontinue products, reject or cancel orders, or correct errors, including pricing or description errors, before shipment. If we cancel an order after payment, we will refund the amount charged for the canceled item and any associated amount required by law.

Curated boxes and subscriptions may include a rotating assortment of brands, toothpaste varieties, product types, flavors, sizes, colors, formats, and accessories. Unless an offer expressly identifies a particular brand, stock-keeping unit, formula, flavor, size, or product as guaranteed for that shipment, the assortment shown or previously received is illustrative and is not a promise that the same item will appear in every box. Smile Supply may select and change items from shipment to shipment based on availability, seasonality, product quality, customer preferences provided to us, and the intended assortment or value of the applicable box.

When an ordered item is unavailable, we may provide a replacement only where the offer, product page, or applicable Subscription Terms clearly permits assortment variation or substitution. We will use commercially reasonable efforts to choose an item that is comparable in general category, intended use, quality, and value. A replacement may be a different brand or may differ in product type, formulation, flavor, size, appearance, or features. We will not knowingly substitute an item that conflicts with a restriction or preference we have expressly agreed to honor for that order.

If we change a product that we previously identified for an upcoming curated box or subscription shipment, we will provide an email update whenever reasonably possible before that shipment is processed. The update will identify the replacement and explain how you may modify, skip, or cancel the affected shipment before the deadline stated in the notice. Ordinary substitutions between reasonably comparable products do not require additional approval when the offer was clearly sold as a rotating curated assortment. We will request affirmative approval before making a substitution that materially changes the product’s intended use or creates a reasonably identifiable safety or suitability concern; if approval is not received by the stated deadline, we may retain the original item if available, offer another choice, omit the affected item with an appropriate adjustment, skip the shipment, or cancel and refund the affected charge as applicable.

If a specific item was sold as guaranteed, or a proposed replacement would materially change the nature or value of what you agreed to purchase, we will obtain your consent when required by law or give you a reasonable opportunity to reject the change, cancel the affected item or shipment, and receive an appropriate refund. We will not charge you for an unordered product. Manufacturer packaging changes that do not materially change the product may occur without advance notice.

5. Orders; Acceptance; Personal Use

Your order is an offer to purchase. An order confirmation acknowledges receipt but does not necessarily mean acceptance. We accept an order when we ship the product or otherwise expressly confirm acceptance. We may decline or cancel an order for legitimate reasons, including suspected fraud, payment failure, inventory limits, legal restrictions, pricing errors, or suspected resale.

Smile Supply is the retailer and seller of record for an order that Smile Supply accepts through the Services, unless the applicable product page or checkout clearly identifies another seller before purchase. Third-party product manufacturers are not parties to these Terms and are not responsible for Smile Supply’s website, subscription administration, payment processing, order fulfillment, or customer service. This allocation does not limit a manufacturer’s obligations under its product labeling, written warranty, recall, or applicable law.

Products are sold for personal, family, or household use, not unauthorized resale, export, or commercial distribution. Title and risk of loss pass as provided by applicable law; nothing in these Terms shifts to you a risk that applicable law places on us before delivery.

6. Prices, Taxes, Payment, and Promotions

Prices are shown in U.S. dollars and may change prospectively. Applicable taxes, shipping charges, and other mandatory charges will be disclosed before you submit the order. You authorize us and our payment processors to charge the payment method you provide for all disclosed amounts.

Discounts, gifts, reward credits, and promotional offers may have separate eligibility rules and expiration dates, may not be combinable, and may be modified or ended prospectively unless prohibited by law. We will not retroactively alter a completed purchase or an accrued right. If a promotion conflicts with these Terms, the promotion terms control for that promotion.

If you believe a charge is incorrect or unauthorized, please contact us promptly so we can investigate and attempt to resolve it. Nothing in these Terms limits a chargeback, billing-error, or payment-dispute right provided by your card issuer, payment provider, or applicable law. Knowingly initiating a false or fraudulent payment dispute may violate these Terms and applicable law.

7. 90-Day Subscriptions and Recurring Charges

A “90-Day Subscription” also referred to as a "Routine" is an automatic-renewal arrangement under which the selected box and any products, boosters, or add-ons specifically enrolled in the subscription are scheduled to renew and be billed every 90 days until canceled. The exact products, price, taxes, shipping charges, frequency, minimum commitment (if any), renewal timing, cancellation method, and material offer terms will be displayed clearly before enrollment and confirmed after enrollment.

By affirmatively enrolling, you expressly authorize Smile Supply to charge your chosen payment method at each renewal for the then-disclosed subscription price, plus applicable taxes and disclosed shipping charges, until you cancel. We will obtain express informed consent separately from unrelated terms where applicable law requires it.

You may cancel before the applicable order-processing cutoff through the online customer account or subscription-management portal made available through smilesupplyco.com, or through another simple method identified in SS-POL-002 Subscription Terms or the enrollment acknowledgment. Cancellation stops future recurring charges but ordinarily does not cancel an order already processed or shipped. We will honor any broader right required by applicable law. We will send renewal, price-change, or other notices when and as required by applicable law.

We may change a subscription price or other material term prospectively only after giving advance notice and obtaining consent when required by law. If you do not agree, you may cancel before the change takes effect. We may suspend or end a subscription for payment failure, product discontinuation, fraud, abuse, safety concerns, or legal requirements; if we end a paid but unfulfilled cycle, we will provide the refund required by law.

Unless your subscription offer expressly promises fixed products, each 90-Day Subscription is for the applicable curated box or assortment described at enrollment, not for an indefinite supply of any particular third-party brand or stock-keeping unit. Smile Supply may rotate, add, remove, or replace brands, toothpaste varieties, toothbrushes, boosters, accessories, and other product types within the disclosed theme, category, quantity, and value parameters of the subscription. No particular brand, flavor, formula, size, or product is guaranteed unless we expressly identify it as guaranteed. If a product previously identified for an upcoming shipment changes, we will provide the email update described in Section 4 whenever reasonably possible before processing. Material changes to the fundamental nature, minimum quantity, or represented value of the subscription will be disclosed in advance, with cancellation or consent rights as required by applicable law.

Additional subscription details appear in SS-POL-002 Subscription Terms, which will be presented or linked at enrollment and remain available on the website. These Terms do not reduce any nonwaivable cancellation, acknowledgment, renewal-notice, or refund rights under the law of your state.

8. Shipping and Delivery

We currently ship consumer orders to deliverable addresses in all 50 U.S. states. We do not currently promise international shipping. Shipping estimates are estimates unless expressly stated as guaranteed.

We will maintain a reasonable basis for any stated shipping timeframe. If no shipping time is stated, we will ship within the time required by the FTC Mail, Internet, or Telephone Order Merchandise Rule. If we cannot ship on time, we will provide a legally compliant delay notice and an opportunity to consent to the delay or cancel for a prompt refund, or we will cancel and promptly refund the unshipped merchandise.

You are responsible for providing a complete and accurate delivery address. Contact us promptly about a suspected loss, damage, or misdelivery. Our detailed Shipping Policy addresses carriers, tracking, address changes, delivery issues, and any shipping restrictions; it is incorporated only to the extent presented before purchase and consistent with these Terms and applicable law.

9. Returns, Refunds, Damaged Products, and Recalls

Returns and refunds are governed by the Return and Refund Policy disclosed before purchase and available on the website. That policy may impose reasonable conditions based on product type, hygiene, tamper evidence, use, timing, or safety. It will not limit rights that cannot lawfully be waived.

Inspect packages promptly. If a product arrives damaged, defective, incorrect, or materially different from what you ordered, contact us with the order number and reasonable supporting information. We will provide the remedy required by applicable law and any additional remedy promised in the Return and Refund Policy or an applicable written warranty.

Do not use a product subject to a recall or safety notice. Follow the manufacturer’s or regulator’s instructions. Nothing in these Terms limits rights or remedies arising from a product recall, product defect, personal injury, fraud, willful misconduct, or another matter that applicable law does not permit us to limit.

10. Product Use, Labels, and Safety

Read and follow the product label, directions, ingredient list, warnings, age guidance, storage instructions, and expiration information before use. Do not use a product if packaging appears opened, damaged, or tampered with, or if you are allergic or sensitive to an ingredient. Keep products away from children except under appropriate adult supervision and follow label directions about swallowing, rinsing, and seeking medical or poison-control assistance.

Oral-care products may be regulated as cosmetics, over-the-counter drugs, medical devices, consumer products, or a combination depending on their intended use and claims. Smile Supply does not represent that every product is “FDA approved.” Where a product is regulated or labeled by its manufacturer, use it only as directed.

A Smile Supply box or bundle may place separately packaged third-party products together for convenience. Unless expressly stated on the product label, the box or bundle is not a new formulation, treatment regimen, clinical protocol, or representation that every included product should be used together by every person. Review each item separately and ask a qualified professional whether products are appropriate for you or a child in your care.

Manufacturers may change ingredients, formulations, warnings, packaging, or availability without advance notice to us. Before every use, check the product actually received rather than relying only on a prior purchase, website image, or earlier ingredient list. If website information materially conflicts with the product received, do not use the product and contact us.

11. General Oral-Wellness Information; No Clinical Relationship

Website articles, questionnaires, reminders, product-selection tools, educational materials, and communications provide general oral-wellness information only. They are not individualized diagnosis, treatment, dental or medical advice, and are not a substitute for examination or care by a licensed dentist, physician, pharmacist, or other qualified professional.

Using the Services does not create a dentist-patient, clinician-patient, fiduciary, or other professional relationship with Smile Supply. We do not diagnose cavities, gum disease, infection, oral cancer, or other conditions. Seek professional care for symptoms, questions about suitability, pregnancy-related concerns, allergies, medication interactions, or a child’s needs. Seek urgent or emergency care for severe pain, swelling, bleeding, trouble breathing or swallowing, trauma, or other urgent symptoms.

12. Privacy and Electronic Communications

Our Privacy Policy explains how we collect, use, disclose, retain, and protect personal information and describes applicable privacy choices. It is not incorporated into these Terms as a contractual promise except where applicable law provides otherwise.

You consent to receive transactional communications electronically, including order, subscription, account, security, and policy notices. Marketing messages are subject to separate consent and applicable law, and you may opt out of marketing without affecting transactional messages. You are responsible for maintaining a current email address and should retain copies of important notices.

Mobile Messaging Terms

The Smile Supply Co., LLC mobile message service (the "Service") is operated by Smile Supply Co., LLC (“Smile Supply Co., LLC”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Smile Supply Co., LLC’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Smile Supply Co., LLC through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Smile Supply Co., LLC. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Unsubscribe by replying STOP or clicking the unsubscribe link where available. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Smile Supply Co., LLC mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance email support@smilesupplyco.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

13. Acceptable Use

You may use the Services only lawfully and for their intended consumer purpose. You may not:

interfere with security, availability, or operation of the Services; use bots, scraping, data mining, or automated means except as permitted by law or our written authorization; attempt unauthorized access, introduce malware, or probe vulnerabilities; impersonate another person or submit false, fraudulent, or misleading information; infringe intellectual-property, privacy, publicity, or other rights; use the Services to harass, threaten, defame, or distribute unlawful content; or circumvent quantity, geographic, subscription, promotional, or account restrictions.

We may investigate suspected violations and take proportionate action, including limiting access, canceling affected orders, or preserving and disclosing information when reasonably necessary to comply with law or protect rights and safety.

14. Reviews, Feedback, and User Content

If you submit a review, photo, comment, suggestion, or other content (“User Content”), you represent that you have the right to submit it and that it is truthful, based on genuine experience where presented as a review, and not unlawful, misleading, infringing, defamatory, harassing, or privacy-invasive.

You retain ownership of User Content. You grant Smile Supply a nonexclusive, worldwide, royalty-free, sublicensable license to host, reproduce, format, display, distribute, and use that content in connection with operating and promoting Smile Supply and the Services, subject to applicable law and any privacy choices disclosed when you submit it. This license ends when the content is deleted from our active systems, except for reasonable backups, legal retention, and uses already incorporated into materials that cannot reasonably be withdrawn.

We may moderate content using neutral, disclosed standards but will not prohibit or penalize an honest review merely because it is negative. Any incentive for a review must not be conditioned on positive sentiment, and material connections must be clearly disclosed. We do not claim ownership of your ideas and are not obligated to implement or compensate unsolicited feedback.

15. Intellectual Property

The Services, including their design, text, graphics, logos, product curation, photographs, software, and compilations, are owned by Smile Supply or its licensors and protected by applicable law. Subject to these Terms, we grant you a limited, revocable, nonexclusive, nontransferable license to access and use the Services for personal, noncommercial purposes. No other right is granted by implication.

Smile Supply names, logos, and trade dress may not be used without prior written permission. Third-party names and marks belong to their respective owners.

16. Third-Party Services and Links

The Services may rely on or link to third parties, including Shopify, payment processors, carriers, manufacturers, social platforms, and analytics providers. We do not control third-party sites or services and are not responsible for their independent content, terms, or privacy practices. This does not excuse Smile Supply from responsibility that applicable law places on us for our own vendors or fulfillment of your order.

17. Service Changes, Suspension, and Termination

We may modify, suspend, or discontinue all or part of the Services prospectively for legitimate business, security, legal, or operational reasons. We may suspend or terminate access for a material violation of these Terms. We will not use this section to avoid fulfilling accepted paid orders or providing refunds required by law.

You may stop using the Services and request account closure, subject to reasonable identity verification, legal retention, unresolved transactions, and our Privacy Policy. Provisions that by their nature should survive will survive, including payment obligations, licenses already granted, disclaimers, limitations, dispute terms, and governing law.

18. Manufacturer Warranties; Disclaimer of Additional Warranties

Some products may include a manufacturer’s written warranty. Any such warranty is provided by the identified warrantor under its stated terms. Smile Supply will pass through warranty information made available to us and will not misrepresent the warrantor or available remedies.

Except where Smile Supply expressly issues its own written warranty, product guarantees, performance claims, and warranty remedies offered by a third-party manufacturer are that manufacturer’s obligations, subject to applicable law. Smile Supply may reasonably assist with a manufacturer claim, return, safety report, or recall, but that assistance does not create a separate Smile Supply warranty. This allocation does not eliminate any remedy you have against Smile Supply under applicable sales, product-liability, consumer-protection, or other nonwaivable law.

EXCEPT FOR EXPRESS WRITTEN PROMISES MADE BY SMILE SUPPLY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND SMILE SUPPLY DISCLAIMS IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THIS DISCLAIMER DOES NOT APPLY WHERE PROHIBITED, DOES NOT DISCLAIM A MANUFACTURER’S WRITTEN WARRANTY, AND DOES NOT LIMIT ANY IMPLIED WARRANTY THAT FEDERAL OR STATE LAW MAKES NONDISCLAIMABLE. IF SMILE SUPPLY PROVIDES A WRITTEN WARRANTY, ANY LIMITATION OF IMPLIED WARRANTIES WILL APPLY ONLY AS PERMITTED BY THE MAGNUSON-MOSS WARRANTY ACT AND APPLICABLE STATE LAW.

We do not warrant that general oral-wellness content will fit an individual’s needs or that every Service feature will always be uninterrupted or error-free. No statement creates a warranty unless it is an express written warranty intended to do so.

19. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMILE SUPPLY AND ITS MEMBERS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, ARISING FROM THE SERVICES OR PRODUCTS, EVEN IF ADVISED OF THE POSSIBILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF SMILE SUPPLY FOR A CLAIM ARISING FROM A PRODUCT, ORDER, OR SUBSCRIPTION WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO SMILE SUPPLY FOR THE PRODUCT, ORDER, OR SUBSCRIPTION CYCLE GIVING RISE TO THE CLAIM OR (B) $100.

These limits do not apply to personal injury or death caused by negligence where liability cannot be limited; fraud or fraudulent misrepresentation; gross negligence or willful misconduct; violation of nonwaivable consumer rights; payment or refund obligations; product liability that cannot be limited; or any other liability that applicable law prohibits us from limiting. Some jurisdictions do not allow certain exclusions or limits, so some may not apply to you.

20. Indemnification

To the extent permitted by law, you will indemnify Smile Supply against third-party claims, damages, and reasonable costs arising from your unlawful misuse of the Services, your material breach of Section 13, or User Content that you submit in violation of another person’s rights. This obligation does not apply to claims caused by Smile Supply, ordinary consumer use, or conduct for which applicable law does not permit consumer indemnification. We will provide reasonable notice and allow you to participate in the defense; we may control the defense, but will not agree to a settlement imposing a nonmonetary obligation or admission on you without your consent.

21. Informal Dispute Resolution

Before either party starts arbitration, that party must send a written Notice of Dispute. Your notice must include your name, account email (if any), order number (if relevant), a description of the dispute, and the relief requested, and must be sent to support@smilesupplyco.com with the subject “Notice of Dispute,” or mailed to the address in Section 27. Our notice will be sent to your most recent email or mailing address.

For 30 days after receipt, the parties will attempt in good faith to resolve the dispute through an individualized conference by telephone or video if either party requests one. Any applicable limitations period and filing-fee deadline will be tolled during this 30-day period to the extent permitted by law. Either party may seek temporary or emergency relief when necessary to prevent imminent harm. This section is a condition precedent to arbitration, but a party’s substantial compliance is sufficient if strict compliance would be unfair or impracticable.

22. Binding Individual Arbitration; Class and Jury Waivers

PLEASE READ THIS SECTION CAREFULLY. EXCEPT FOR THE CARVEOUTS BELOW AND UNLESS YOU TIMELY OPT OUT, YOU AND SMILE SUPPLY AGREE TO RESOLVE COVERED DISPUTES BY BINDING INDIVIDUAL ARBITRATION, NOT IN COURT. YOU AND SMILE SUPPLY EACH WAIVE A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION TO THE EXTENT ENFORCEABLE.

22.1 Covered Disputes and Federal Arbitration Act

This agreement covers any dispute, claim, or controversy between you and Smile Supply arising out of or relating to these Terms, the Services, a product, an order, a subscription, marketing, communications, privacy, or the parties’ relationship, whether based in contract, tort, statute, fraud, misrepresentation, or any other theory, and whether arising before or after acceptance. The Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1–16, governs this arbitration agreement.

22.2 Carveouts

Either party may bring an eligible individualized claim in small-claims court, so long as it remains there and proceeds only individually. Either party may seek temporary or preliminary injunctive relief in court to preserve the status quo pending arbitration. Nothing prevents you from reporting concerns to or seeking relief from a federal, state, or local government agency; an agency may pursue relief within its authority. Claims that applicable law makes nonarbitrable are excluded to that extent.

22.3 Administrator, Rules, and Procedure

The arbitration will be administered by the American Arbitration Association (“AAA”) under its then-current Consumer Arbitration Rules, as modified by this Section. If AAA is unavailable or declines to administer consistently with this agreement, the parties will select a substitute administrator; if they cannot agree, a court with jurisdiction will appoint one under the FAA. The arbitrator must be neutral and may award any individualized remedy a court could award, including attorneys’ fees where authorized by law. The arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions.

The arbitration may proceed by documents, telephone, or video at your election, unless the arbitrator determines an in-person hearing is necessary. Any in-person hearing will occur in the county where you live or at another mutually agreed location. You may be represented by counsel at your own expense, subject to fee-shifting rights under applicable law.

22.4 Consumer Costs

Smile Supply will pay arbitration filing, administration, hearing, and arbitrator fees that exceed the amount you would pay to file the same claim in a court of general jurisdiction where you live, unless the arbitrator finds that your claim was filed for harassment or is patently frivolous under applicable law and the AAA Rules. We will not seek our attorneys’ fees from you unless authorized by law and awarded on that basis. If applicable law requires more favorable cost treatment for this agreement to be enforceable, that treatment will apply.

22.5 Individual Proceedings Only

Covered disputes must be arbitrated only on an individual basis. The arbitrator may not consolidate different persons’ claims or preside over a class, collective, coordinated, mass, or representative proceeding, except that the parties may agree in writing to consolidation after a dispute arises. The arbitrator may award relief only to the individual claimant and only as necessary to resolve that claimant’s individual claim, except for public injunctive relief or another remedy that applicable law requires to remain available.

22.6 Who Decides Enforceability

A court, not the arbitrator, will decide disputes about contract formation, whether a party validly opted out, and the validity or enforceability of the class, collective, mass, coordinated, or representative-action waiver. Subject to those exceptions, the arbitrator will decide disputes about the interpretation, scope, or enforceability of this arbitration agreement.

22.7 Thirty-Day Opt-Out

You may opt out of this arbitration agreement by emailing support@smilesupplyco.com within 30 days after you first accept these Terms. Use the subject “Arbitration Opt-Out” and include your full name, the email associated with your account or order, your mailing address, and a clear statement that you opt out of arbitration. Opting out will not affect your account, purchases, subscription eligibility, or any other Terms. An opt-out applies only to the person identified and does not opt out anyone else.

22.8 Later Changes to Arbitration Terms

If we make a material change to this Section 22 after you first accept it, the change will not apply to a dispute of which we had actual notice before the change became effective. For other disputes, we will provide advance notice and any new material change will apply only if you affirmatively accept it where required by law. Rejecting a later change does not revoke your earlier agreement to arbitrate under the version you previously accepted. A change to contact information or the arbitration administrator’s rules is not material unless it materially reduces your rights.

22.9 Severability and Survival

Except as stated next, if any part of this arbitration agreement is unenforceable, it will be severed and the remainder enforced. If the prohibition on class, collective, mass, coordinated, or representative arbitration is held unenforceable as to a particular claim or remedy, that claim or remedy will proceed in court after all arbitrable claims are resolved, unless applicable law requires otherwise; it will not proceed in class arbitration without the parties’ written consent. This Section survives termination of these Terms and closure of your account.

23. Governing Law and Forum for Nonarbitrable Claims

The FAA governs Section 22. For all other matters, Florida law applies, without regard to conflict-of-law rules, except that this choice does not deprive you of nonwaivable protections of the law of your state of residence. Any nonarbitrable court proceeding must be brought in a state or federal court with jurisdiction in Duval County, Florida, except where applicable law permits or requires you to bring it in another forum or where the small-claims carveout applies. You and Smile Supply consent to personal jurisdiction in those courts subject to those exceptions.

24. Changes to These Terms

We may revise these Terms prospectively. We will post the revised Terms with an updated effective date and provide additional notice or obtain renewed assent when a change is material and applicable law requires it. Changes do not retroactively alter completed purchases, accrued rights, or disputes already known to us. Your continued use of unrestricted public website pages alone will not constitute acceptance of a material change to arbitration or recurring-payment terms where affirmative assent is required.

25. Force Majeure

Neither party is liable for delay or failure caused by events beyond reasonable control, such as natural disaster, epidemic, war, civil disturbance, labor disruption, government action, carrier interruption, utility failure, or cyberattack, provided the affected party uses reasonable efforts to mitigate. This section does not excuse payment already due, required refunds, legally mandated notices, or obligations that applicable law does not permit us to suspend.

26. General Terms

These Terms and any applicable consumer policy or offer terms presented before purchase are the entire agreement about their subject matter. If a provision is unenforceable, it will be modified only to the minimum extent necessary or severed, and the remainder will continue, except as Section 22.9 specifically provides. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, reorganization, financing, sale of assets, or transfer of the Services, provided the assignment does not materially reduce your nonwaivable rights. Headings are for convenience. “Including” means “including without limitation.” Electronic records and signatures may be used to the extent permitted by law.

Except for permitted successors and assigns and as applicable law otherwise requires, these Terms are for the benefit of you and Smile Supply only and do not create contractual enforcement rights for any other person or entity.

27. Contact Information

Smile Supply Co., LLC, doing business as Smile Supply

13720 Old St Augustine Rd
Ste 8 - 341
Jacksonville, FL 32258
Telephone: 904-257-6808
Email: support@smilesupplyco.com
Website: smilesupplyco.com