Last Updated: June 2025
These Terms of Service (these "Terms of Service") set forth the terms and conditions upon which Kolibree Inc. ("Kolibree") provides you, our third-party end-users (each, an "End-User"), access to Kolibree’s proprietary smart toothbrushes and whitening devices (the “Devices”), the Kolibree Kids mobile application (the Apps) and the kolibree.com website (the websites) (collectively, the "Service").
By clicking “I Agree” or by accessing the Service or using the Device, the Apps or the Sites, you agree to be bound by these Terms. If you do not agree to these Terms of Service, do not access or use the Service. This is a legally enforceable contract.
FOR END-USERS IN THE U.S.: THESE TERMS OF SERVICE CONTAIN A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS OR CLASS ACTIONS.
Subject to End-User’s compliance with these Terms of Service, Kolibree grants to End-User a limited, personal, non-exclusive, non-transferable license to use the Service solely for End-User’s own personal purposes, or, for dental professionals, in their practice. Except for the licenses and rights expressly granted, no other licenses or rights are granted by implication or otherwise. All other licenses and rights are reserved to Kolibree.
End-User shall not:
Kolibree retains all intellectual property rights in and to the Devices, the Sites and the Apps, including all copyrights, patents, service marks, trademarks and other IP rights, including updates, enhancements, customizations, revisions, modifications, future releases and other changes, and all related information, material and documentation.
Except for rights specifically provided in these Terms of Service, End-User assigns to Kolibree all other IP rights it may now or hereafter possess in the Devices, the Sites or the Apps, and related documentation, and agrees to execute all necessary documents. End-User agrees to retain all proprietary marks, legends and notices on the Devices, Sites or Apps and any related documentation delivered by Kolibree and all copies thereof.
Kolibree warrants that it will use commercially reasonable efforts to cause the Services to operate in substantial conformance with its published documentation. To the fullest extent permitted by law, Kolibree’s sole obligation and End-User’s sole remedy for any failure to conform is for Kolibree to use commercially reasonable efforts to remedy such failure as soon as practicable, and if not remedied in reasonable time, for End-User to terminate under Section 4.2.
Kolibree does not guarantee:
The Service and the Apps are not the practice of dentistry, medicine or other healthcare services. Use does not create a dentist/patient or provider/patient relationship. Kolibree does not recommend or endorse any specific dental treatment, dentist or medication.
Your use of the Kolibree apps and/or the websites is subject to the related Kolibree Privacy Policy.
The Service is offered to users 18 years of age or older. By using the Service, you represent and warrant that you are of legal age to form a binding contract and meet these requirements. If under 18, your parent or legal guardian must read and agree to the Terms of Service on your behalf, and is fully responsible for your compliance. If installing or subscribing on behalf of a user under 18, you agree to these terms as a parent or legal representative. If you do not meet these requirements, you must not access or use the Service or the Apps. In these Terms, “you,” “user” or “your” includes such person’s parent or legal guardian if under 18.
EXCEPT AS SET FORTH IN SECTION 2.1 AND TO THE FULLEST EXTENT PERMITTED BY LAW, KOLIBREE DISCLAIMS ALL WARRANTIES RELATING TO THE SERVICE OR ANY OTHER MATTER COVERED BY THESE TERMS OF SERVICE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. KOLIBREE DOES NOT WARRANT THAT THE SERVICE, SITES OR APPS WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR-FREE, OR THAT ALL FAILURES CAN OR WILL BE CORRECTED. KOLIBREE MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OF ANY CONTENT PROCESSED BY THE SERVICE, SITES OR APPS.
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL KOLIBREE BE LIABLE FOR:
Regardless of theory (tort, contract, strict liability or otherwise) or notice of possibility of such damages.
Kolibree’s aggregate liability for all claims shall not exceed $100.
Certain laws may not allow these limitations, so some may not apply to you.
The parties acknowledge that the disclaimers and limitations in this Section 2 are essential elements of these Terms of Service and the parties would not have entered into them without such disclaimers and limitations.
To the fullest extent permitted by law, End-User agrees to indemnify and hold harmless Kolibree from any and all damages, costs and expenses (including reasonable attorneys’ fees) suffered or incurred by Kolibree in connection with any claims that Kolibree is required to pay to third parties, to the extent such damages, settlement amounts, costs and expenses are attributable to End-User’s provision of content through the Sites or Apps (“End-User Content”), including any actual or alleged infringement of third-party intellectual property.
End-User shall promptly notify Kolibree in writing upon discovery of any unauthorized use or infringement of the Device, Sites, Apps, related documentation, or Kolibree's IP rights. Kolibree has the sole right to bring infringement actions or proceedings, and End-User shall cooperate and provide full assistance to Kolibree and its counsel.
End-User’s access to the Service begins on registration or first access and continues until terminated under this Section 4.
Kolibree may terminate End-User’s use at any time, except where prohibited by law. End-User may terminate at any time by canceling accounts, uninstalling Apps, and ceasing use of the Sites.
Upon expiration or termination:
The Service, Sites and Apps may be subject to U.S. and other national export controls and economic sanctions. Individuals or entities owned or controlled by, registered in, or related to Cuba, Iran, Sudan, Syria, or North Korea may not use the Sites, Apps, or Service without prior written permission once granted by the appropriate jurisdiction.
End-User agrees to comply with all applicable U.S. export laws and indemnify Kolibree against any losses from breaches of this section.
The parties are independent contractors. Neither is an agent, legal representative, joint venturer or partner of the other.
Kolibree shall not be liable for failure to perform due to acts of God, strikes, equipment or transmission failures, Internet issues, or other causes beyond its control.
These Terms are governed by the laws of the State of New York, without regard to conflicts of law principles. The courts of New York, New York have exclusive jurisdiction over disputes.
For U.S. users, disputes shall be resolved by one disinterested arbitrator in binding arbitration under the AAA Commercial Arbitration Rules and the Supplementary Procedures for Online Arbitration.
BY AGREEING TO THESE TERMS, YOU AND KOLIBREE WAIVE:
Any arbitration will be on an individual basis, and the arbitrator may award injunctive relief only to the individual party seeking it.
If arbitration is found inapplicable or invalid, you and Kolibree waive any right to pursue claims on a class or representative basis.
Either party may disclose the existence of these Terms but not represent positions, statements, intentions or actions on behalf of the other.
End-User may not assign rights or delegate duties without Kolibree’s prior written consent. Any unauthorized assignment is void. These Terms bind and benefit the parties and their permitted successors and assigns.
All notices must be in writing and are effective when delivered by hand, facsimile, reputable overnight service, or certified mail (return receipt requested), postage prepaid:
These Terms constitute the entire agreement and supersede all prior understandings. They may not be amended by you except in writing signed by both parties. Kolibree may modify these Terms by written notice via email or posting changes in the Apps or Sites. Continued use following modifications constitutes acceptance. If you do not accept modifications, you must stop using the Service immediately.
A waiver of any breach does not constitute a waiver of subsequent breaches or of any other provision.
If any provision is held unenforceable, it shall be severed, and the remaining provisions will remain enforceable. The severed provision will be replaced by one most nearly reflecting the parties’ intention.
