SmileHours terms of use

Effective October 03, 2026

This is an English translation of the Polish Regulamin. If the two differ, the Polish version prevails.

§ 1. General provisions

These terms (the “Terms”) set out the rules for using the “SmileHours” mobile app (the “App”) and the services provided by the Provider.
The App records how long clear aligners and retainers are worn, aligner changes, symptoms and progress photos, and reminds you to wear them. It is intended for both consumers and businesses.
These Terms are the terms referred to in Art. 8 of the Polish Act of 18 July 2002 on the Provision of Electronic Services.
The services are provided by Damian Kamiński, running a sole proprietorship under the name CC CODE Damian Kamiński (place of business: ul. Lilli Wenedy 15/30, 30-833 Kraków, Poland), entered in the Polish Central Register and Information on Economic Activity (CEIDG), tax ID (NIP): 6792950185, REGON: 381006639 (the “Provider”).
You can contact the Provider:
1. by email at [email protected],
2. by post at ul. Lilli Wenedy 15/30, 30-833 Kraków, Poland.
Under Regulation (EU) 2022/2065 of 19 October 2022 (the Digital Services Act, “DSA”), the Provider has designated a single point of contact for authorities of EU Member States, the European Commission, the European Board for Digital Services and Users: [email protected]. Communication may be in Polish or English.
Before using the App, the User should read these Terms and the Privacy Policy.

§ 2. Definitions

Capitalised terms in these Terms have the following meaning:

Account – an optional User account in the Provider's system, used to store a Backup and move it between devices,
Agreement – the agreement for the supply of a digital service within the meaning of the Consumer Rights Act, under which the Provider supplies the Service to the User,
App – as defined in § 1(1), available on the App Store and Google Play,
Backup – a copy of User Content stored by the Provider on its server and linked to an Account,
Business – a natural person, legal person or organisational unit without legal personality carrying out business or professional activity in its own name,
Business with consumer rights – a natural person entering into an agreement directly related to their business where the agreement shows it is not of a professional nature for them, in particular in view of the business activity disclosed in the CEIDG register,
Consumer – a natural person entering into a legal transaction with the Provider that is not directly related to their business or profession,
Consumer Rights Act – the Polish Consumer Rights Act of 30 May 2014,
Non-conformity – lack of conformity of the Service with the Agreement (the criteria are set out in Art. 43k(1)–(2) of the Consumer Rights Act),
Privacy Policy – the document describing how Users' personal data is processed, available at https://smilehours.com/privacy,
Provider – as defined in § 1(4),
Service – access to the App's features and, once an Account is created, storage of the Backup,
Terms – as defined in § 1(1),
User – a person using the App, whether a Consumer, a Business with consumer rights or a Business,
User Content – data the User records in the App, in particular wear sessions, aligner changes, symptom log entries, progress photos and settings.

§ 3. Technical requirements, rules of use and security

To use the App you need a device with an up-to-date iOS or Android system with the App installed from the App Store or Google Play. To create an Account and use the Backup, you also need an internet connection and an active email account.
You must not use the App in a way that disrupts it, in particular by means of viruses, bots, automation scripts or other harmful code, files or programs.
The Provider encrypts data in transit (TLS) and uses appropriate organisational and technical measures to prevent unauthorised access to data.
Despite these safeguards, using the internet and electronic services carries a risk of malware reaching your device or third parties gaining access to data. The Provider recommends keeping your device's system up to date and protecting it with a screen lock.
You must provide accurate data. The Provider is not liable for the consequences of untrue or incomplete data.
You confirm that you have full legal capacity to enter into the Agreement or are doing so with the consent of your legal representative. A person under 16 may create an Account only with the consent of a parent or legal guardian.
An Account belongs to one User. You must not share sign-in codes with others.

§ 4. Nature of the App

The App is not a medical device. It shows the data you enter or record with its buttons, does not diagnose anything and does not replace the advice of your orthodontist or another doctor. Decide on your treatment, including your daily wear goal and aligner change dates, with your doctor.
Reminders and statistics are an aid only. The Provider is not responsible for the course or results of orthodontic treatment.
Aligner system names appear in the App only as options to choose from and belong to their owners. The Provider and the App are not affiliated with the makers of those systems.

§ 5. Free service

The App is free to use and does not require an Account. It contains no ads.
If the Provider introduces paid features in the future, their scope and prices will be shown in the App and these Terms will be amended under § 15. Introducing paid features will not take away features previously available for free without the User's consent.

§ 6. Agreement for the Service

The Agreement for using the App without an Account is concluded when you first open the App after reading these Terms. Your User Content is then stored only on your device.
To create an Account, you:
1. choose the option to create an Account or a backup in the App,
2. enter your email address,
3. consent to the storage of the Backup, which includes data concerning health, as described in the Privacy Policy,
4. enter in the App the one-time code sent to that email address.
Entering a valid code creates the Account. From then on, the App sends User Content to the Backup whenever it syncs.
Conformity of the Service with the Agreement does not require installing updates, although an up-to-date version of the App may be needed for some features, in particular the Backup, to work properly.
Paragraphs 6–8 apply only to Consumers and Businesses with consumer rights.
If you do not get access to the Service promptly after the Agreement is concluded, you may ask the Provider by email (address in § 1(5)(a)) to provide it without delay. If the Provider does not do so promptly after receiving the request, you may withdraw from the Agreement.
Regardless of paragraph 6, you may withdraw from the Agreement without such a request in any of the cases listed in Art. 43j(5) of the Consumer Rights Act.
A notice of withdrawal or termination may be sent by email to the address in § 1(5)(a).
You may terminate the Agreement for the Account at any time by deleting your Account in the App (Profile → Account and backup → Delete account) or by sending such an instruction to the address in § 1(5)(a). You terminate the Agreement for using the App without an Account by uninstalling the App.
If you breach these Terms and do not remedy the breach despite a request, the Provider may terminate the Agreement for the Account with 7 days' notice by email. During the notice period, the Provider may block access to the Account if this is necessary to prevent further breaches.
The Provider deletes the Account and the Backup promptly after receiving a termination notice or after the notice period ends. Database backups are deleted after 30 days. User Content stored on your device stays on that device.
You can export your User Content from the App to a CSV or PDF file at any time.

§ 7. Complaints – Consumers and Businesses with consumer rights

This section applies only to Consumers and Businesses with consumer rights.
The Service must conform to the Agreement throughout the period of supply. The Provider is liable for any Non-conformity that becomes apparent during that period.
If a Non-conformity becomes apparent, you may file a complaint requesting that the Service be brought into conformity with the Agreement.
Complaints are filed by email to the address in § 1(5)(a) and should include your name, email address, a description of the Non-conformity and your request to bring the Service into conformity.
The Provider may refuse to bring the Service into conformity if this is impossible or would involve disproportionate costs.
The Provider replies by email within 14 days of receiving the complaint, either accepting it and stating when the Service will be brought into conformity, refusing to do so for the reasons in paragraph 5, or rejecting the complaint as unfounded.
If the complaint is accepted, the Provider brings the Service into conformity at its own cost, within a reasonable time and without significant inconvenience to you.
You may withdraw from the Agreement if bringing the Service into conformity is impossible or disproportionately costly, the Provider has not done so under paragraph 7, the Non-conformity persists despite attempts to fix it, the Non-conformity is serious enough to justify withdrawal without first requesting a fix, or it is clear from the Provider's statement or the circumstances that the Service will not be brought into conformity within a reasonable time or without significant inconvenience.
After withdrawing from the Agreement you must stop using the Service and making it available to others (Art. 34(1a) of the Consumer Rights Act).

§ 8. Complaints – Businesses

This section applies only to Businesses.
If the Service does not conform to these Terms, you may file a complaint in writing or by email to the address in § 1(5)(a) within 30 days of discovering the non-conformity. The complaint should include your name, email address and a description of the non-conformity.
The Provider may refuse to bring the Service into conformity with these Terms if this is impossible or would involve disproportionate costs.
The Provider replies by email within 21 days of receiving the complaint, or within 30 days in particularly complex cases.

§ 9. Right of withdrawal

This section applies only to Consumers and Businesses with consumer rights.
Under Art. 27 et seq. of the Consumer Rights Act, you may withdraw from the Agreement without giving a reason within 14 days of concluding it, by sending the Provider a statement in any form, in particular using the form in Annex 2 to the Consumer Rights Act. Sending the statement before the deadline is enough.
The Provider promptly confirms receipt by email and deletes the Account and the Backup.
The Service is free, so withdrawing involves no costs or refunds.

§ 10. User Content

User Content is visible only to you. The App does not publish it or share it with other Users.
You are responsible for your User Content, in particular for making sure progress photos do not infringe the rights of others. You must not store unlawful content in the App.
The Provider acquires no rights to User Content. It processes it only as needed to provide the Service, as described in the Privacy Policy.
You may send the Provider feedback about the App in any way, in particular by email. The Provider is not obliged to publish it.

§ 11. Liability

The Provider provides the Service with due care, “as is” and “as available”, subject to mandatory law.
The Provider does not guarantee uninterrupted operation of the App or its fitness for your particular needs.
User Content recorded without an Account is stored only on your device. The Provider is not liable for its loss resulting from deleting the App or from losing, damaging or replacing the device if you did not use the Backup.
To the extent permitted by the Polish Civil Code and the Consumer Rights Act, the Provider is not liable for the consequences of using the App contrary to its purpose, providing untrue data, or the use of sign-in codes by third parties to whom you disclosed them.
To the extent permitted by the Polish Civil Code and the Consumer Rights Act, the Provider is not liable for disruptions caused by force majeure (including unavailability of key third-party services), necessary maintenance, causes on the User's side or acts of third parties for which the Provider is not responsible. The Provider carries out maintenance in the way least disruptive to Users.
The Provider is not liable for lost profits of a User who is a Business.

§ 12. Intellectual property

All elements of the App, in particular its name, logo, illustrations, interface, software and source code, are protected under the Polish Copyright Act of 4 February 1994, the Industrial Property Law of 30 June 2000, the Unfair Competition Act of 16 April 1993 and other laws, including EU law.
The Provider grants you a non-exclusive, non-transferable licence to use the App for your own use only. The licence does not include the right to modify, copy, decompile or redistribute the App.
A breach of these rules entitles the Provider to block the Account or terminate the Agreement without notice.

§ 13. Out-of-court dispute resolution – Consumers and Businesses with consumer rights

This section applies only to Consumers and Businesses with consumer rights.
You may use out-of-court complaint and redress procedures. Information about them is available at the offices and on the websites of district (municipal) consumer ombudsmen, consumer protection organisations, the Provincial Inspectorates of Trade Inspection and the Polish Office of Competition and Consumer Protection (UOKiK). Consumers in other EU countries may also contact their national consumer bodies.

§ 14. Personal data

Information about how the Provider processes personal data is set out in the Privacy Policy.

§ 15. Changes to the Service and the Terms

The Provider may change the Service or these Terms, in particular to adapt the App to new devices or software, add or modify features, make technical changes to the App, or comply with a legal obligation.
Changes to the Service may not involve any costs for you.
The Provider announces changes to these Terms in the App and, to Users with an Account, by email. If a change to the Service will significantly and negatively affect access to it, the Provider will inform Users with an Account by email at least 7 days in advance, describing the change and its date.
If you do not accept a change to these Terms or a significant change to the Service, you may terminate the Agreement with immediate effect within 30 days of being informed, by deleting your Account or by sending a notice to the address in § 1(5)(a).
Agreements concluded before a change remain governed by the previous Terms until the changes are accepted; continuing to use the App after the changes take effect means accepting them.

§ 16. Final provisions

These Terms are effective from October 03, 2026.
The Provider may transfer its rights and obligations under the Agreement to another entity as part of a restructuring or sale of the business.
If any provision of these Terms is found invalid, the remaining provisions stay in force.
These Terms are governed by Polish law. Disputes will be settled by negotiation and, failing agreement, by the common court competent for the Provider's registered place of business; this sentence does not apply to Consumers.
If these Terms are available in other languages, the Polish version prevails.
These Terms do not limit any mandatory consumer protection law of the Consumer's country of residence.