Terms of Service

1. Agreement to Terms and Eligibility

By accessing or using our Service, you represent and warrant that you have the legal capacity and authority to enter into these Terms. If you are accessing the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. You agree to be bound by these Terms and all applicable laws and regulations. If you disagree with any part of these Terms, you may not access or use the Service.

The Service is offered to individuals and entities that are at least 18 years of age or the age of majority in their jurisdiction, whichever is older. By using the Service, you represent and warrant that you meet this age requirement.

2. License Grant and Restrictions

Subject to your compliance with these Terms, Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your personal or internal business purposes in accordance with these Terms. This is the grant of a license, not a transfer of title or ownership.

Under this license, you may not:

• Modify, copy, reproduce, or create derivative works of the materials, Content, or Service
• Use the materials, Content, or Service for any commercial purpose or for any public display without Company's prior written consent
• Attempt to reverse engineer, decompile, disassemble, or otherwise derive the source code or underlying algorithms of any software contained in or accessible through the Service
• Remove, alter, or obscure any copyright, trademark, patent, or other proprietary notices from the materials or Content
• Transfer, assign, sublicense, lease, lend, rent, or otherwise distribute your rights to use the Service or Content to another person or entity
• "Mirror" the materials or Content on any other server or device
• Use any automated system, including "robots," "spiders," or "offline readers," to access the Service in a manner that sends more request messages to Company's servers than a human can reasonably produce in the same period of time
• Use the Service in any way that violates any applicable federal, state, local, or international law or regulation
• Transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware

Company reserves the right to revoke your access to the Service at any time for any reason, including but not limited to your breach of these Terms.

3. User Accounts and Registration

When you create an account with us, you must provide information that is accurate, complete, and current at all times. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your account, whether your password is with our Service or a third-party service.

You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. We will not be liable for any losses caused by any unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene.

4. Privacy and Data Protection

Your use of the Service and any personal information you provide through the Service is subject to our Privacy Policy, which is incorporated herein by this reference. By using the Service, you consent to the collection, use, and disclosure of your information as described in our Privacy Policy.

5. Rules and Conduct

As a condition to your use of the Service, you agree not to use the Service for any purpose that is unlawful or prohibited by these Terms or applicable laws and regulations. You acknowledge that you, and not Company, are entirely responsible for all information, data, text, messages, and other materials that you upload, post, email, transmit, or otherwise make available through the Service.

You represent, warrant, and agree that you will not use or interact with the Service in a manner that:

• Infringes or violates the intellectual property rights or any other rights of anyone else, including Company
• Violates any law or regulation, including without limitation any applicable export control laws, privacy laws, or healthcare laws
• Is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable
• Violates the security of any computer network or cracks any passwords or security encryption codes
• Impersonates any other person or entity or falsely states or otherwise misrepresents your affiliation with a person or entity
• Imposes an unreasonable or disproportionately large load on Company's computing, storage, or communications infrastructure
• Interferes with or disrupts the Service or servers or networks connected to the Service
• Uses the Service in any way contrary to its intended function and programming

A violation of any of the foregoing is grounds for termination of your right to use or access the Service.

6. Intellectual Property Rights

As between you and Company, Company retains all right, title, and interest in and to the Service, all Content made available through the Service, and all intellectual property rights in and to the foregoing. The Service and Content are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Service and agree not to use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize, or otherwise exploit Content in a way that violates someone else's (including Company's) rights.

If you provide Company with any feedback, suggestions, or ideas regarding the Service ("Feedback"), you hereby grant Company a royalty-free, fully paid-up, worldwide, transferable, sublicensable, irrevocable, and perpetual license to implement, use, modify, or commercially exploit such Feedback for any reason without any obligation or compensation to you.

7. Third-Party Services and Payment Processing

The Service may integrate with or use third-party services, including payment processing services. Company may use third-party payment processors, such as Stripe, to process payments made through the Service. Your use of such third-party services may be subject to separate terms and conditions provided by those third parties.

When you make payments through the Service, you agree to provide current, complete, and accurate payment information. You authorize us to share your payment information and transaction details with our third-party payment processors as necessary to process your payments. We are not responsible for any error by, or other acts or omissions of, third-party payment processors in connection with payments.

8. Service Availability and Modifications

We reserve the right to withdraw or amend our Service, and any service or material we provide via the Service, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Service is unavailable at any time or for any period.

We may suspend or discontinue any part of the Service, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Service. We reserve the right to remove any Content from the Service at any time, for any reason, in our sole discretion.

We do not guarantee that the Service will be available at all times or that access will be uninterrupted, secure, or error-free. You acknowledge that the Service may be unavailable due to scheduled maintenance, system failures, or other reasons beyond our control.

9. Warranty Disclaimer

Company and its partners, parents, subsidiaries, and affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Company and all such parties together, the "Company Parties") make no representations or warranties concerning the Service, including without limitation regarding any Content contained in or accessed through the Service, and the Company Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Service or any claims, actions, suits, procedures, costs, expenses, damages, or liabilities arising out of use of, or in any way related to your participation in, the Service.

THE SERVICE AND CONTENT ARE PROVIDED BY COMPANY (AND ITS LICENSORS AND SUPPLIERS) ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Without limiting the generality of the foregoing, you acknowledge and agree that the Service is not intended to be the sole repository of any data or information related to your business, and that Company shall have no liability for loss of data or other consequences resulting from your use of the Service as the sole repository of such data or information.

10. Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE COMPANY PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICE OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF ONE HUNDRED ($100) DOLLARS OR (D) ANY MATTER BEYOND COMPANY'S REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT ANY OF THE FOREGOING LIMITATIONS ARE DETERMINED TO BE UNENFORCEABLE OR INAPPLICABLE, COMPANY PARTIES' LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND IN NO EVENT SHALL SUCH LIABILITY EXCEED THE ACTUAL, DIRECT DAMAGES INCURRED BY YOU, UP TO A MAXIMUM OF ONE HUNDRED ($100) DOLLARS.

11. Third-Party Sites and Links

The Service may contain links or connections to third-party websites or services that are not owned or controlled by Company. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that Company is not responsible for such risks.

Company has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party website or service. In addition, Company will not and cannot monitor, verify, censor, or edit the content of any third-party site or service. We encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize.

By using the Service, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.

12. Indemnification

You agree to indemnify and hold the Company Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including reasonable attorneys' fees) arising from or in any way related to any claims relating to (a) your use of the Service or Content, (b) your violation of these Terms, (c) your violation of any rights of another party, or (d) your violation of any applicable laws or regulations.

13. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service or contact us to request account termination. Upon any termination or expiration of your right to use the Service, your right to access and use the Service will immediately cease, and Company may remove and delete any Content associated with your account.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

14. Governing Law and Jurisdiction

These Terms shall be interpreted and governed by the laws of the State of Utah, United States, without regard to its conflict of law provisions. Any disputes arising out of or relating to these Terms or the Service shall be resolved in the state and federal courts located in Utah, and you consent to the exclusive jurisdiction and venue of such courts.

15. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

16. Miscellaneous

The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Company regarding the use of the Service and supersede all prior agreements and understandings relating to the subject matter hereof.

You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder without Company's prior written consent. Company may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Nothing in these Terms is intended to or shall be deemed to create a partnership, joint venture, agency, or employment relationship of any kind between you and Company.

17. Contact Information

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

Benefit Administrative Solutions Inc.
DBA: Smile Pilot
Mailing Address: P.O. Box 424
Smithfield, UT 84335
Email: info@mysmilepilot.com