Terms of Service
TERMS OF SERVICE
Updated: 2025
OVERVIEW
Welcome to TinySmile. Throughout the Site, the terms “we,” “us,” and “our” refer to TinySmile. TinySmile provides this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our Site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including any additional terms and policies referenced herein and/or available by hyperlink. These Terms apply to all Site users, including but not limited to browsers, vendors, customers, merchants, and contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the Site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Any new features or tools added to the current store shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically. Your continued use of or access to the website following any changes constitutes acceptance.
Our store is hosted on Shopify Inc., which provides the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or the age of majority in your area and have given your consent for any minors who use this Site under your supervision.
You may not use our products for any illegal or unauthorized purpose. You may not violate any laws in your jurisdiction (including copyright laws) while using the Site.
You must not transmit any worms, viruses, or destructive code.
A breach or violation of any of these Terms will result in immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information) may be transferred unencrypted and involve:
(a) transmissions over various networks, and
(b) changes to conform to technical requirements of connecting networks and devices.
Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service or Site without express written permission from us.
Headings are included for convenience only and do not limit or affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information on this Site is inaccurate, incomplete, or outdated. Material is provided for general information only and should not be relied upon as the sole basis for decisions.
This Site may contain historical information. Historical information is not current and is provided for reference only. We reserve the right to modify the contents of the Site at any time, but we have no obligation to update any information.
You agree it is your responsibility to monitor changes to the Site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice.
We shall not be liable to you or any third-party for any modification, price change, suspension, or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right (but are not obligated) to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer.
All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this Site is void where prohibited.
We do not warrant that the quality of any products, Services, or materials purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
5a. Limited Guarantee (Baby Mouth Cleaner – Disposable Product)
TinySmile is committed to providing safe, hygienic, high-quality baby oral care products. Because our Baby Mouth Cleaners are single-use disposable hygiene products, they are not designed for reuse or long-term durability.
TinySmile provides a 30-Day Money-Back Guarantee, which covers manufacturer defects only.
Manufacturer defects may include:
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Packaging defects
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Incorrect item received
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Material defects noticeably present before use
Misuse or improper handling IS NOT covered, including but not limited to:
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Using the swabs more than once
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Chewing, biting, or placing the product fully in the baby’s mouth
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Exposure to liquids, cleaning agents, or chemicals
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Failure to follow usage instructions
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Damage caused after opening the packaging
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Using the product for any purpose other than infant oral cleaning
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Allowing children to handle swabs unsupervised
Because these are single-use hygiene items, once opened or used, they cannot be returned or resold for safety reasons.
TinySmile shall not be liable for any injury, damage, or loss resulting from misuse or failure to follow instructions.
5b. 30-Day Money-Back Guarantee (Replacing “Lifetime Warranty”)
TinySmile offers a 30-Day Money-Back Guarantee on the Baby Mouth Cleaner, covering only:
✔ Manufacturing defects
✔ Damaged or incorrect items upon arrival
✔ Issues present before the product is used
This guarantee:
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Applies only to the original purchaser
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Is non-transferable
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Requires proof of purchase
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May require photo/video evidence of the defect
Exclusions:
This guarantee does not cover:
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Used or opened swabs
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Normal wear from intended use
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Damage due to storage conditions, moisture, or contamination
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Damage from improper use or failure to supervise the child
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Any hygiene-related disposal issues
5c. Product Availability
If TinySmile discontinues the Baby Mouth Cleaner or ceases business operations, the 30-Day Money-Back Guarantee will automatically expire for all new purchases. No future claims will be accepted beyond the timeframe defined above.
By purchasing TinySmile products, customers agree to the terms outlined in this Limited Guarantee. TinySmile reserves the right to amend these terms at any time.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, using the same credit card, and/or orders using the same billing or shipping address.
If we make a change or cancel an order, we may attempt to notify you using the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made on our store. You agree to promptly update your account and other information—including your email address, credit card numbers, and expiration dates—so we can complete your transactions and contact you as needed.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control or input.
You acknowledge and agree that we provide access to such tools “as is” and “as available,” without any warranties, representations, or conditions of any kind and without endorsement. We shall have no liability arising from or relating to your use of optional third-party tools.
Any use of optional tools offered through the Site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms provided by any applicable third-party provider(s).
We may also, in the future, offer new services or features through the website (including the release of new tools and resources). Such features and services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include materials from third parties.
Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and do not warrant and will not have any liability for any third-party materials, products, or services.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or other transactions made in connection with third-party websites. Please carefully review third-party policies and practices before you engage in any transaction. Complaints, claims, concerns, or questions about third-party products should be directed to the third party.
SECTION 9 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you send certain submissions (for example, contest entries) or without a request you send creative ideas, suggestions, proposals, plans, or materials—whether online, by email, by postal mail, or otherwise (collectively, “comments”)—you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, or otherwise use in any medium any comments that you forward to us.
We are and shall be under no obligation:
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to maintain any comments in confidence;
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to pay compensation for any comments; or
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to respond to any comments.
We may, but are not obligated to, monitor, edit, or remove content we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable or that violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any rights of third parties, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain unlawful, abusive, or obscene material, or any malware, viruses, or harmful code that could affect the Service.
You may not use a false email address or pretend to be someone else. You alone are responsible for any comments you make and their accuracy. We take no responsibility for any comments posted by you or any third party.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed at:
https://tinysmile.co/pages/privacy-policy
SECTION 11 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, information on our Site or in the Service may contain typographical errors, inaccuracies, or omissions relating to:
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product descriptions
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pricing
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promotions
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offers
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product shipping charges
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transit times
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availability
We reserve the right to correct errors, inaccuracies, or omissions; to change or update information; or to cancel orders if any information on the Site or any related website is inaccurate at any time without prior notice (including after you submit your order).
We undertake no obligation to update, amend, or clarify information except as required by law. No specified update or refresh date should be taken to indicate that all information on the Site or any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions in these Terms, you are prohibited from using the Site or its content:
(a) for any unlawful purpose
(b) to solicit others to perform unlawful acts
(c) to violate international, federal, provincial, or state regulations or laws
(d) to infringe upon intellectual property rights
(e) to harass, abuse, insult, harm, or discriminate
(f) to submit misleading information
(g) to upload viruses or malicious code
(h) to track personal information of others
(i) to spam or phish
(j) for obscene or immoral purposes
(k) to interfere with or bypass Site security features
We reserve the right to terminate your use of the Service for violating any prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that, from time to time, we may remove the Service for indefinite periods or cancel the Service at any time, without notice.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. All products and Services delivered to you through the Site are provided “as is” and “as available” unless expressly stated otherwise.
In no case shall TinySmile, our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to:
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lost profits
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lost revenue
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lost savings
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loss of data
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replacement costs
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or similar damages
whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any Service or product, or for any other claim related in any way to your use of the Service or any product.
Because TinySmile sells single-use disposable oral care products, we are not responsible for:
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misuse
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failure to supervise the child
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ingestion, chewing, or placing the product fully inside a baby’s mouth
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allergic reactions
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improper disposal
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damages arising from failure to follow instructions
Some states or jurisdictions do not allow limitation of liability for consequential damages; in such states, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless TinySmile and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of:
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your breach of these Terms
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your violation of any law
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your misuse of TinySmile products
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your infringement of any third-party rights
SECTION 15 – SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by law. The unenforceable portion shall be deemed severed from these Terms, and such determination shall not affect the validity or enforceability of the remaining provisions.
SECTION 16 – TERMINATION
These Terms of Service are effective unless and until terminated by either you or us.
You may terminate these Terms at any time by notifying us that you no longer wish to use our Services or by ceasing to use our Site.
If, in our judgment, you fail to comply with any term or provision of these Terms, we may terminate the agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. We may also deny you access to the Services accordingly.
SECTION 17 – ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this Site constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements or communications.
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States and the State of New York or California (depending on your region), without regard to conflict-of-law principles.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at: