Terms of service

TERMS OF SERVICE

Last updated: April 22, 2026

OVERVIEW

Welcome to EverSmileCo™! The terms "we", "us" and "our" refer to EverSmileCo™. We operate this online store and website, including all related information, content, features, tools, products and services (the "Services"). Our store is powered by Shopify. The below terms and conditions (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services. Please read these Terms carefully. By visiting or using our Services, you agree to be bound by these Terms and our Privacy Policy at https://www.eversmileco.com/policies/privacy-policy. If you do not agree, please do not use our Services.


SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms, you confirm that you are at least the age of majority in your province or state of residence. You are solely responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer or assign your account to any other person.


SECTION 2 - OUR PRODUCTS

We have made every effort to accurately represent our products. However, colours and appearance may vary depending on your screen and device settings. We do not warrant that product quality will meet your exact expectations. Product descriptions are subject to change at any time without notice. We reserve the right to discontinue any product or limit quantities at our discretion.


SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. EverSmileCo™ reserves the right to accept or decline any order at its discretion. Your order is not accepted until we confirm it. We must receive and process your payment before your order is accepted. Your purchases are subject to our Refund Policy at https://www.eversmileco.com/policies/refund-policy. Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests once an order is accepted.


SECTION 4 - PRICES AND BILLING

Prices are subject to change without notice. The price charged will be the price in effect at the time your order is placed, as shown in your order confirmation email. Posted prices do not include applicable taxes or shipping charges unless stated otherwise. You agree to provide accurate and complete payment information for all purchases.


SECTION 5 - SHIPPING AND DELIVERY

We are not liable for shipping or delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Because we work with multiple fulfillment partners, shipping times and origins may vary by product. Once your order is transferred to the carrier, risk of loss passes to you.


SECTION 6 - INTELLECTUAL PROPERTY

All content on our Services — including trademarks, text, images, graphics, video, and audio — is owned by EverSmileCo™ or its licensors and is protected by applicable intellectual property laws. You may not reproduce, distribute, modify, or exploit any content from our Services without our prior written consent. EverSmileCo™ and related names and logos are trademarks of EverSmileCo™. All rights not expressly granted are reserved.


SECTION 7 - THIRD-PARTY LINKS

Our Services may contain links to third-party websites. We are not responsible for the content, accuracy, or practices of any third-party sites. Accessing third-party sites is at your own risk. Please review their terms and policies before engaging in any transaction.


SECTION 8 - RELATIONSHIP WITH SHOPIFY

EverSmileCo™ is powered by Shopify. Any sales and purchases you make are made directly with EverSmileCo™. By using the Services, you acknowledge that Shopify is not responsible for any aspect of transactions between you and EverSmileCo™. You hereby release Shopify and its affiliates from all claims arising from your purchases with us.


SECTION 9 - PRIVACY POLICY

All personal information we collect is subject to our Privacy Policy, which can be viewed at https://www.eversmileco.com/policies/privacy-policy. Certain personal information may also be subject to Shopify's Privacy Policy, which can be viewed at https://www.shopify.com/legal/privacy. By using our Services, you confirm that you have read and understood these privacy policies.


SECTION 10 - DISCLAIMER OF WARRANTIES

OUR SERVICES AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.


SECTION 11 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, EVERSMILECO™ AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF OUR SERVICES OR PRODUCTS, INCLUDING LOST PROFITS, LOST DATA, OR REPLACEMENT COSTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


SECTION 12 - INDEMNIFICATION

You agree to indemnify and hold harmless EverSmileCo™, Shopify, and their respective affiliates, officers, directors, employees, and agents from any claims, damages, or liabilities arising from your breach of these Terms, your violation of any law, or your use of our Services.


SECTION 13 - GOVERNING LAW

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. You consent to the exclusive jurisdiction of the courts of Ontario for any disputes arising under these Terms.


SECTION 14 - CHANGES TO TERMS

We reserve the right to update these Terms at any time. Changes will be posted on this page with an updated date. Your continued use of our Services after any changes constitutes your acceptance of the new Terms.


SECTION 15 - CONTACT INFORMATION

Questions about these Terms should be sent to:

EverSmileCo™ contact@eversmileco.com