1. Agreement to Our Legal Terms

We are Pure White LLC, doing business as Pure White Studios ("Company," "we," "us," or "our"), a limited liability company registered in Texas, with our principal place of business at 5511 Caprock Summit Dr, Austin, TX 78738, United States.

We operate the website https://purewhitestudios.com (the "Site"), our teeth whitening studio locations, our social media and messaging channels, and our online storefront, as well as any other related products and services that refer or link to these legal terms (collectively, the "Services").

These Terms of Service ("Legal Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Pure White LLC, concerning your access to and use of the Services. By accessing the Services, booking an appointment, receiving a treatment, or purchasing a product from us, you agree that you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Legal Terms. It is your responsibility to periodically review these Legal Terms to stay informed of updates. Your continued use of the Services after the date such revised Legal Terms are posted constitutes acceptance of the changes.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services and may only receive treatment as described in Section 4 below.

2. Nature of Our Services: Important Notice

PURE WHITE STUDIOS PROVIDES COSMETIC TEETH WHITENING SERVICES ONLY. WE DO NOT PRACTICE DENTISTRY, PROVIDE DENTAL OR MEDICAL DIAGNOSIS, OR PROVIDE DENTAL OR MEDICAL TREATMENT OF ANY KIND.

Our services are cosmetic in nature and are intended solely to remove or lighten surface and other stains on natural tooth enamel. No dentist-patient, physician-patient, or other health care provider relationship is created by your use of the Services. Our staff are not dentists, dental hygienists, or dental assistants acting in that capacity, and they do not diagnose conditions, prescribe treatment, or perform any procedure that constitutes the practice of dentistry.

Whitening sessions are performed in studio by our trained staff. Our staff do not diagnose any condition, provide dental or medical advice, or perform any procedure that constitutes the practice of dentistry.

The Services are not a substitute for regular dental examinations, cleanings, or treatment. We strongly recommend that you consult a licensed dentist before beginning any whitening regimen, and that you maintain regular dental care. If you have any question about whether whitening is appropriate for you, consult your dentist first.

3. Health, Safety, and Assumption of Risk

3.1 Your disclosures

Before receiving any treatment, you must complete our client intake and consent form truthfully and completely, and you must inform us of any relevant condition, including but not limited to: pregnancy or breastfeeding; gum disease, periodontal disease, or oral infection; untreated cavities, decay, exposed roots, or cracked or damaged teeth; recent oral surgery or extractions; tooth or gum sensitivity; braces, retainers, or other orthodontic appliances; crowns, veneers, bonding, implants, dentures, or other restorations; any allergy or sensitivity to the ingredients in our products; and any medication or medical condition that may affect your treatment.

You are solely responsible for the accuracy and completeness of the information you provide. We rely on your disclosures in providing the Services, and we may refuse or discontinue service at any time in our sole discretion.

3.2 Known effects

You acknowledge that cosmetic teeth whitening carries risks, and that possible effects include, without limitation: temporary tooth sensitivity; temporary gum, lip, or soft tissue irritation, inflammation, or whitening; uneven or blotchy results; dehydration of the enamel; and, in rare cases, more prolonged or severe discomfort. You acknowledge that these effects can occur even when all instructions are followed correctly.

3.3 Results are not guaranteed

Results vary from person to person and depend on factors outside our control, including the cause and degree of staining, your genetics, your age, your enamel condition, your diet, tobacco use, medications, and your compliance with aftercare instructions. We make no representation, warranty, or guarantee as to the number of shades you will lighten or the results you will achieve. Before and after photographs, testimonials, and marketing materials illustrate individual results and are not a promise of the results you will obtain.

Whitening does not lighten crowns, veneers, bridges, bonding, fillings, dentures, or other artificial or restored surfaces. Any resulting difference in color between natural teeth and restorations is not a defect in the Services.

3.4 Aftercare

You agree to follow all aftercare instructions provided to you. We are not responsible for results or effects arising from your failure to follow those instructions.

3.5 Assumption of risk

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU KNOWINGLY AND VOLUNTARILY ASSUME ALL RISKS ASSOCIATED WITH RECEIVING COSMETIC TEETH WHITENING SERVICES AND USING OUR PRODUCTS, AND YOU AGREE THAT YOU ARE RECEIVING THE SERVICES OF YOUR OWN FREE WILL AND AT YOUR OWN RISK.

4. Eligibility and Minors

You must be at least 18 years of age to book and receive services on your own behalf. Clients under the age of 18 may receive services only if a parent or legal guardian is present at the appointment, provides written consent, and agrees to these Legal Terms on the minor's behalf. We reserve the right to request identification and to decline service to anyone.

We may refuse or discontinue service to any person for any lawful reason, including where we believe a treatment may be unsafe or inappropriate, where a client is intoxicated or behaves inappropriately toward our staff or other clients, or where a client has provided false information.

5. Appointments, Cancellations, and No-Shows

Appointments may be booked through our Site, our booking platform, by phone, by text message, or in person. All appointments are subject to availability.

6. Pricing and Promotions

All prices are listed in US dollars and are subject to change without notice. Prices do not include applicable taxes unless stated otherwise. Promotional pricing is valid only for the period and on the terms stated in the applicable promotion, may not be combined with other offers unless expressly stated, and may be limited to first-time clients or to particular locations.

7. Payment and Billing

We accept the payment methods displayed at the point of sale. Payment processing is handled by our third-party payment processor, Stripe, and is subject to Stripe's terms and privacy policy. We do not store full payment card numbers.

You agree to provide current, complete, and accurate purchase and account information, and to promptly update that information so that we can complete your transactions and contact you as needed. Sales tax will be added where required. All payments are due at the time of service or purchase unless otherwise agreed in writing.

We reserve the right to correct any pricing errors, even after payment has been requested or received, and to refuse or cancel any order or booking, including where we suspect fraud or an unauthorized transaction. If we cancel an order, we will refund any amount you have paid for it.

Chargebacks. If you have a concern about a charge, please contact us first at booking@purewhitestudios.com so we can resolve it. Initiating a chargeback for services rendered or products delivered may result in suspension of your access to the Services and recovery of amounts owed, including reasonable costs of collection.

8. Refunds

Services. Because results depend on individual factors outside our control and because a session cannot be returned once performed, all payments for individual sessions are final and non-refundable, except where required by law or where we determine, in our sole discretion, that a refund or credit is appropriate. Dissatisfaction with the degree of whitening achieved is not by itself a basis for a refund.

Products. Unopened products in their original packaging may be returned within 14 days of purchase or delivery for a refund of the purchase price, less any shipping charges. For health and safety reasons, opened or used oral-care products cannot be returned or refunded. Products that arrive damaged or defective will be replaced or refunded; please contact us at booking@purewhitestudios.com within 7 days of delivery with photographs and your order number.

9. Product Purchases and Shipping

We make reasonable efforts to display our products accurately, but we do not warrant that product descriptions, colors, or other content are accurate, complete, reliable, current, or error-free. Products are subject to availability, and we may limit quantities or discontinue a product at any time.

Title and risk of loss for products pass to you upon delivery to the carrier. Shipping times are estimates only and are not guaranteed. You are responsible for providing an accurate shipping address; we are not responsible for orders delivered to an incorrect address you provided.

At-home whitening products are intended for use by adults 18 and over, exactly as directed on the label and in the included instructions. You agree to read and follow all product instructions and warnings, to keep products out of reach of children, and to discontinue use and consult a dentist or physician if you experience an adverse reaction. Do not swallow. These products are cosmetic and have not been evaluated as medical devices or drugs for the treatment of any condition.

10. SMS and Electronic Communications

By providing your mobile number, you consent to receive text messages from us at that number, including appointment confirmations, reminders, follow-ups, and, where you have opted in, marketing messages. Consent to receive marketing text messages is not a condition of purchasing any goods or services.

You also consent to receive communications from us electronically, including by email and through the Services, and you agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communication be in writing.

11. Photographs, Likeness, and Client Content

We may ask to take before and after photographs or video of your teeth or smile. We will only take such media, and will only use it in our marketing (including on our website, social media, and paid advertising), if you give us your consent to do so. You may withdraw that consent at any time by contacting us at booking@purewhitestudios.com, and we will stop future use of the media, although we may not be able to remove or recall material already distributed or published by third parties.

If you post a review, comment, photograph, video, testimonial, or other content about us on social media or elsewhere ("Client Content"), you grant us a non-exclusive, royalty-free, worldwide license to reproduce, display, and share that Client Content in connection with promoting our business, with attribution to your handle or first name where appropriate. You represent that you own or control the rights to any Client Content you submit and that it does not violate the rights of any third party.

We do not offer compensation for reviews and do not condition any discount, refund, or service on your leaving a positive review.

12. Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in the Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the "Content"), as well as the trademarks, service marks, logos, and trade dress contained therein (the "Marks"), including the PURE WHITE STUDIOS name and logo.

The Content and Marks are protected by copyright, trademark, and other intellectual property laws. Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable license to access the Services and to download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use. Except as expressly permitted, no part of the Services, Content, or Marks may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission.

13. Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make them available. You agree not to:

14. Third-Party Websites and Content

The Services may contain links to third-party websites, applications, services, or content, including booking platforms, payment processors, financing providers, and social media platforms. We are not responsible for and do not investigate, monitor, or endorse any third-party content or services. Your use of a third party's site or service is governed by that third party's terms and privacy policy, and any transaction you make with a third party is solely between you and that third party.

15. Term and Termination

These Legal Terms remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES OR REFUSING SERVICE AT OUR STUDIOS) TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION.

16. Disclaimer

THE SERVICES AND PRODUCTS ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES AND PRODUCTS WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND PRODUCTS AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT, AND NO WARRANTY OR GUARANTEE AS TO THE RESULTS OF ANY WHITENING TREATMENT OR PRODUCT. WE ASSUME NO LIABILITY FOR ANY ERRORS OR OMISSIONS IN CONTENT; ANY PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES OR PRODUCTS, EXCEPT TO THE EXTENT CAUSED BY OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; ANY UNAUTHORIZED ACCESS TO OUR SERVERS OR ANY PERSONAL INFORMATION STORED THEREIN; OR ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SERVICES.

17. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, OR LOSS OF DATA, ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. NOTHING IN THESE LEGAL TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

18. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective members, managers, officers, agents, contractors, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your use of the Services or products; (2) your breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party; (5) any inaccurate or incomplete health information you provided to us; or (6) any overt harmful act toward any other user or toward our staff.

19. Governing Law and Dispute Resolution

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles.

19.1 Informal resolution

To expedite resolution and control the cost of any dispute, you and we agree to first attempt to negotiate any dispute informally for at least thirty (30) days before initiating arbitration or litigation. Such informal negotiations commence upon written notice from one party to the other, sent to the contact details in Section 22.

19.2 Binding arbitration

If informal negotiations do not resolve the dispute, any dispute arising out of or relating to these Legal Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration shall take place in Travis County, Texas, or, at your election, may be conducted by telephone or written submissions. Each party shall bear its own costs except as otherwise provided by the applicable rules or by law.

19.3 Exceptions

The following are not subject to arbitration: (a) any dispute seeking to enforce or protect, or concerning the validity of, any intellectual property right; (b) any claim related to allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim that qualifies for small claims court. Either party may also seek injunctive relief in a court of competent jurisdiction.

19.4 Class action waiver

YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.

19.5 Venue

For any claim not subject to arbitration, you agree that the exclusive jurisdiction and venue shall be the state and federal courts located in Travis County, Texas, and you consent to personal jurisdiction there.

20. Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

21. Miscellaneous

These Legal Terms, together with our Privacy Policy and any policies or operating rules posted by us on the Services, constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of that right or provision.

We may assign our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part is deemed severable and does not affect the validity and enforceability of the remaining provisions.

No joint venture, partnership, employment, or agency relationship is created between you and us as a result of these Legal Terms or your use of the Services. These Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties to execute them.

Sections 2, 3, 8, 12, 16, 17, 18, and 19 survive any termination of these Legal Terms.

22. Contact Us

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Pure White LLC
5511 Caprock Summit Dr
Austin, TX 78738
United States
booking@purewhitestudios.com