MyCA Terms and Conditions

This summary is here to help you quickly understand the main points of MyCA’s Terms and Conditions. It is not the full legal agreement. If there is any conflict between this summary and the full Terms and Conditions, the full Terms and Conditions will control.

What MyCA is 

MyCA helps patients order custom clear retainers after they have completed orthodontic treatment.

MyCA is for smile maintenance and retainer replacement. It is not a substitute for a full orthodontic exam, active orthodontic treatment, emergency dental care, or treatment for tooth movement that requires clinical intervention.

Who can use MyCA 

MyCA is intended only for eligible patients who have completed orthodontic treatment.

You may need to meet age, clinical, and order eligibility requirements before MyCA accepts your order.

How ordering works 

You place your order online and pay the amount shown at checkout, including any clearly disclosed fees.

After your order, MyCA will arrange or require a scan or rescan before fabrication. Retainers are made only after MyCA has the records it needs and any required review is completed.

Scans and rescans 

A scan is required so your retainers can be made to fit your current teeth.

If your records are incomplete, outdated, distorted, or otherwise not usable, MyCA may require a rescan. An additional scan fee may apply if an additional scan is required. Current fees will be listed in MyCA’s Fee Schedule.

Shipping and delivery 

Delivery times are estimates, not guarantees.

Delays can happen because of record issues, rescan needs, lab timing, shipping carriers, weather, holidays, or other factors outside MyCA’s reasonable control.

Your responsibilities 

You are responsible for giving accurate information, attending scan or rescan appointments, and following the instructions for using and caring for your retainers.

Retainers are made only for you. Do not share, alter, or force a retainer that does not fit.

If a retainer seems damaged, does not fit properly, or causes significant pain, bleeding, or other concerning symptoms, stop using it and contact MyCA.

Tooth movement and non-compliance 

Retainers help maintain your results only if you wear them as directed.

If you do not wear your retainers as directed and your teeth move, MyCA is not responsible for restoring your prior tooth position under the original retainer order.

If non-compliance leads to replacement retainers, the fee includes a $100 new scan charge plus the usual co-pay for a new set of retainers.

Cancellations, refunds, returns, and remakes 

Because retainers are custom-made for you, cancellations, returns, refunds, and remakes may be limited.

Once fabrication begins, retainers are generally non-returnable and non-refundable except where required by law or where MyCA expressly approves a remedy under its policy.

Communications 

MyCA may contact you by email, phone, or text about your order, scan appointments, payment, delivery, support, or other service-related matters.

Marketing messages, if any, may be subject to separate consent and opt-out rights.

Privacy

Personal information you submit through MyCA will be handled under the MyCA Privacy Policy.

If there is any conflict between the Terms and the Privacy Policy on personal information, the Privacy Policy controls for those privacy issues.

Misuse and account action

You may not use MyCA to provide false information, commit fraud, interfere with the website, or engage in unlawful or abusive conduct.

MyCA may suspend access, cancel orders, or take protective action if it reasonably believes misuse, abuse, fraud, unlawful conduct, or a security risk has occurred.

Limits on MyCA’s responsibility 

MyCA provides its website, services, products, and communications subject to the limits stated in the full Terms.

Except for any express written warranty MyCA may provide, MyCA does not promise that everything will always be uninterrupted, error-free, or suitable for every situation.

To the fullest extent allowed by law, MyCA also limits certain kinds of legal liability, as described in the full Terms.

Legal and contact information

The full Terms also include rules about governing law, dispute resolution, electronic acceptance, changes to the Terms, termination, and other legal protections.

If you have questions, concerns, or need help with your order, please contact MyCA using the contact details listed on the website or in the full Terms.

Overview and Acceptance 

These Terms and Conditions ("Terms") govern your use of the My Clear Aligner ("MyCA") website, products, and related services.

By placing an order, checking an agreement box, signing a consent, scheduling an appointment, or otherwise using MyCA, you agree to these Terms and any policies that are expressly incorporated into them.

If you do not agree to these Terms, please do not use MyCA or place an order.

1. Eligibility 

MyCA’s retainer services are intended for individuals who have completed orthodontic treatment, including braces or clear aligner treatment, and want retainers to help maintain their results.

MyCA is not for first-time orthodontic treatment, active tooth movement, or emergency dental care.

You represent and warrant that all information you provide is accurate, current, and complete. If you place an order on behalf of another person, including a minor, you represent that you are legally authorized to do so and to agree to these Terms on that person’s behalf.

2. Nature of Services and Treatment Scope 

MyCA provides a retainer-focused smile maintenance service for eligible individuals who have completed orthodontic treatment.

MyCA allows customers to order one or more sets of clear retainers, complete any required scan or rescan, and receive retainers fabricated from records approved for production.

Retainers are made only after MyCA receives the required scan or rescan records and completes any necessary clinical review. MyCA may decline to proceed with fabrication, place an order on hold, or request additional records if the submitted records are incomplete, outdated, inconsistent, clinically unsuitable, or otherwise insufficient for fabrication.

MyCA’s services are limited to retainer replacement and smile maintenance. MyCA does not provide active orthodontic treatment through this retainer service.

3. Informed Consent 

By placing an order with MyCA, you acknowledge that you will be required to review and sign an informed consent before your retainers are fabricated.

You understand that MyCA’s retainer service is intended to help maintain the results of completed orthodontic treatment. You understand that retainers must be worn as directed to help maintain tooth position, and that failure to wear retainers as directed may result in tooth movement or relapse.

You understand and agree that MyCA does not require a separate health history form for this retainer service, but does require informed consent for the retainer workflow and related services.

You understand that MyCA may require a scan or rescan, clinical review, or additional records before fabrication. You also understand that retainers are intended for smile maintenance and are not a substitute for in-person dental or orthodontic care, diagnosis, or active treatment.

4. Orders and Acceptance 

All orders are subject to review and acceptance by MyCA.

A submitted order is an offer to purchase and is not final until accepted by MyCA. MyCA may refuse, limit, cancel, or place on hold any order in its discretion, including where there are suspected errors, suspected fraud, pricing mistakes, product availability issues, clinical suitability concerns, duplicate transactions, misuse of promotional terms, or incomplete information.

MyCA may contact you using the information you provide to verify details, schedule a scan or rescan, request records, address payment issues, or communicate order status.

5.  Pricing and Payment 

MyCA can update its prices, fees, and charges at any time. You agree to pay the price shown at checkout, together with any applicable taxes and any clearly disclosed fees

You authorize MyCA and its payment processors to charge your selected payment method for the full amount of your order.

If an additional scan or rescan is required beyond the standard workflow, an additional scan fee may apply.

Rush fees and shipping fees are nonrefundable once charged, except where required by applicable law.

6. Scan, Rescan, and Records Workflow 

You are responsible for attending any scheduled scan or rescan appointment, following reasonable instructions, and providing accurate and complete information.

MyCA may require a rescan or additional records if the original records are unusable, incomplete, outdated, distorted, inconsistent, clinically unsuitable, or otherwise insufficient for fabrication.

If a rescan is required, MyCA or its designee may contact you to schedule the appointment. Delays caused by missed appointments, delayed responses, inaccurate information, or customer inaction may delay fulfillment of your order.

7. Fabrication, Shipment, and Delivery 

MyCA will begin fabrication only after the required scan or rescan records are received and any necessary clinical review is completed.

Unless otherwise stated, retainers ordered in a single order will be fabricated and shipped together.

Any shipping or delivery timeline provided by MyCA is an estimate only and is not guaranteed.

Delays may occur due to clinical review, record quality, lab capacity, shipping carriers, weather, holidays, or other events outside MyCA’s reasonable control.

8. Use of Retainers and Patient Responsibilities 

You are responsible for inspecting your retainers when you receive them and for following all wear, use, storage, cleaning, and care instructions provided by MyCA or your treating provider.

Retainers may only be used by the person for whom they were made and may not be shared, transferred, altered, or modified.

You are responsible for wearing your retainers as directed. Failure to wear your retainers as directed may result in tooth movement or relapse.

If a retainer appears damaged, does not fit properly, or causes significant pain, bleeding, or other concerning symptoms, stop using it and contact MyCA promptly.

9.  Non-Compliance, Tooth Movement, and Replacement Pricing 

You are responsible for wearing your retainers as directed and for maintaining your orthodontic results after treatment.

If you do not wear your retainers as directed and your teeth move or relapse, MyCA is not responsible for restoring your prior tooth position under your original retainer order.

If non-compliance results in the need for replacement retainers, the fee will include a $100 charge for a new scan, plus the usual co-pay for a new set of retainers.

If a warranty replacement is approved within 30 days, there will be no replacement charge if a rescan is not required. If a warranty replacement requires a rescan under certain circumstances, including where a rescan is requested or required for fabrication or laboratory requirements, a $100 rescan fee will apply.

These charges are separate from your original order and are not included in any prior retainer purchase. Additional details may be listed in MyCA’s Fee Schedule.

10. Warranty and Product Limitations 

MyCA may offer a limited warranty only to the extent expressly stated in writing in MyCA’s published warranty policy or product-specific materials.

Unless MyCA expressly states otherwise in writing, MyCA does not warrant that retainers will remain suitable if your teeth move, if you do not wear the retainers as directed, if the retainers are altered, damaged, lost, misused, or not properly cared for, or if additional treatment becomes necessary.

Any replacement, remake, repair, refund, or other remedy offered by MyCA will be subject to the specific terms, conditions, limits, and exclusions of the applicable warranty policy, if any.

If the patient finds the fit is not proper/damaged/ missing any parts on first wear, a warranty replacement will be given, provided the patient contacts Myca stating that the retainer does not fit within the first 30 days of receiving the retainers. 

11.  Returns, Refunds, Cancellations, and Remakes  

Because retainers are custom-made products fabricated from customer-specific records, returns, refunds, cancellations, and remakes is limited.

Orders may be cancelled by MyCA before fabrication begins if MyCA cannot obtain sufficient records, cannot verify payment, identifies suspected fraud, determines that the order is not clinically appropriate for the MyCA workflow, or otherwise cannot fulfill the order.

If fabrication has not yet begun, MyCA may allow cancellation or refund in accordance with its then-current cancellation, refund, or remake policy and any applicable law.

Once fabrication begins, retainers are generally non-returnable and non-refundable, except where required by applicable law or where MyCA expressly approves a remake, replacement, refund, or other remedy under its applicable policy.

Any approved remake, replacement, refund, or cancellation will be subject to MyCA’s published policy, any applicable fee schedule, and any non-waivable rights under applicable law

12. Communications Consent 

By using MyCA, you agree that MyCA may contact you by email, phone call, and text message regarding your order, scan or rescan appointments, payment, delivery, support, and other service-related matters.

You understand that message and data rates may apply depending on your mobile carrier and plan.

You may not opt out of communications that are necessary to complete an active order, provide requested support, verify information, or comply with legal obligations.

Marketing or promotional communications, if offered, will be subject to any separate consent and opt-out requirements required by applicable law.

13. User Submissions 

If you submit photographs, messages, comments, forms, records, or other materials to MyCA, you represent that you have the right to provide those materials and that the information you provide is accurate to the best of your knowledge

You grant MyCA a limited, nonexclusive, royalty-free right to use, store, review, reproduce, and transmit those materials only as reasonably necessary to provide the services, support your order, maintain records, comply with law, enforce these Terms, and protect MyCA’s rights.

MyCA will not use your submitted content for marketing purposes unless it separately obtains any consent required by applicable law.

14. Privacy 

Personal information submitted through MyCA will be handled in accordance with the MyCA Privacy Policy, as updated from time to time, which is incorporated into these Terms by reference.

If there is any conflict between these Terms and the Privacy Policy on issues relating to the collection, use, storage, disclosure, or protection of personal information, the Privacy Policy will control to the extent of that conflict.

A current copy of the Privacy Policy will be made available on the MyCA website.
Placeholder: [Insert link to Privacy Policy].

15. Intellectual Property 

The MyCA website, branding, logos, text, graphics, images, page layouts, software, and other content made available through the services are owned by or licensed to MyCA and are protected by applicable intellectual property laws.

Except for your limited personal use of the services, you may not copy, reproduce, distribute, modify, display, publish, sell, reverse engineer, or otherwise use any MyCA content without MyCA’s prior written permission

MyCA, My Clear Aligner, and related names, logos, and branding may be trademarks or service marks of MyCA or its affiliates. Unauthorized use is prohibited.

16. Prohibited Conduct 

You may not use MyCA or its services to provide false, misleading, or fraudulent information, impersonate another person, interfere with the operation or security of the website or services, gain unauthorized access to any account, system, or data, or violate any applicable law.

You may not misuse the MyCA website or services by introducing malware or harmful code, attempting to probe, scan, or test vulnerabilities, scraping or harvesting content or data in violation of these Terms, using automated means to access the services without authorization, or interfering with other users’ access or experience.

You may not use MyCA in any manner that is abusive, threatening, harassing, defamatory, obscene, or otherwise objectionable, or in any way that could harm MyCA, its affiliates, providers, personnel, or users.

MyCA may suspend or terminate access, cancel orders, or take other protective action if it reasonably believes misuse, abuse, fraud, unlawful conduct, or a security risk has occurred.

17. Third-Party Providers 

MyCA may use third-party providers, vendors, contractors, laboratories, payment processors, software platforms, shipping carriers, scheduling providers, communications providers, and other service providers to support or perform parts of the services.

MyCA is not responsible for delays, errors, outages, or other issues caused by third-party providers to the extent those matters are outside MyCA’s reasonable control, although MyCA may attempt to help resolve issues where appropriate.

Some third-party providers, websites, tools, or services may be subject to separate terms, conditions, or privacy practices. MyCA is not responsible for the content, policies, or practices of third-party websites or services that it does not own or control.

18. Disclaimer of Warranties 

Except as expressly stated in these Terms or in any written warranty that MyCA provides for a specific product or service, MyCA provides its website, services, products, content, and communications on an “as is” and “as available” basis.

To the fullest extent permitted by applicable law, MyCA disclaims all warranties that are not expressly stated, whether express, implied, statutory, or otherwise. This includes any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and quiet enjoyment.

MyCA does not promise that its website, services, products, or communications will always be available, uninterrupted, error-free, secure, or free of defects, or that they will meet every customer’s expectations or be suitable for every individual circumstance.

19. Limitation of Liability 

To the fullest extent permitted by applicable law, MyCA and its affiliates, providers, licensors, contractors, and representatives will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, business opportunity, or anticipated savings, arising out of or relating to the website, services, products, communications, or these Terms, even if advised of the possibility of such damages.

To the fullest extent permitted by applicable law, the total liability of MyCA and its affiliates, providers, licensors, contractors, and representatives for any claim arising out of or relating to the website, services, products, communications, or these Terms will not exceed the total amount paid by you to MyCA for the specific order giving rise to the claim.

Nothing in these Terms limits liability to the extent such liability cannot be limited or excluded under applicable law.

20. Indemnification 

You agree to reimburse MyCA and its affiliates, providers, contractors, licensors, and representatives for losses, damages, liabilities, claims, costs, and reasonable attorneys’ fees that arise from or relate to:
(a) your breach of these Terms;
(b) your misuse of the website or services;
(c) information or materials you submit that are false, misleading, unlawful, or infringe another person’s rights; or
(d) Your violation of applicable law.

This section applies only to the extent the claim or loss is caused by your actions, omissions, or materials.

MyCA will have the right to control the defense and settlement of any matter covered by this section, and you agree to reasonably cooperate with MyCA in that process.

21. Governing Law and Dispute Resolution 

These Terms and any dispute, claim, or controversy arising out of or relating to MyCA, the website, the services, the products, or these Terms will be governed by the laws of the State of [Insert State], without regard to its conflict of laws rules.

Unless applicable law requires otherwise, any dispute, claim, or controversy arising out of or relating to MyCA, the website, the services, the products, or these Terms must be brought exclusively in the state or federal courts located in [Insert County, State], and each party submits to the personal jurisdiction of those courts.

Before filing a formal legal claim, you and MyCA agree to first try in good faith to resolve the dispute informally by giving written notice of the issue and allowing a reasonable opportunity to respond.

Nothing in these Terms prevents either party from seeking temporary, preliminary, or emergency injunctive relief in a court of competent jurisdiction where necessary to prevent immediate harm.

22. Electronic Contracting 

By using the MyCA website, placing an order, checking a box, clicking a button, submitting information, or otherwise electronically indicating your acceptance, you agree to these Terms and any other terms, consents, or disclosures that are presented to you and logically associated with your action.

You agree that MyCA may use electronic records, electronic signatures, and electronic communications in connection with your order, account, consents, disclosures, notices, and other interactions with MyCA.

You agree that your electronic acceptance, signature, or consent has the same legal effect as a handwritten signature, to the fullest extent permitted by applicable law.

MyCA may retain records of your acceptance, consent, transactions, and related communications in electronic form.

23. Changes to Terms or Services 

MyCA may update or change these Terms, the website, the services, or the products from time to time.

When MyCA changes these Terms, it will post the updated version and the effective date on the MyCA website. If a change is material, MyCA will take reasonable steps to provide additional notice, which may include email, website notices, or prompts at checkout or login.

Unless stated otherwise, changes to these Terms will apply only on a going-forward basis from the stated effective date and will not retroactively change rights or obligations for orders placed before that date.

If you do not agree to the updated Terms, you may stop using the services and, where applicable, cancel your account or avoid placing new orders after the effective date.

24. Termination 

MyCA may suspend or terminate your access to the website or services, cancel orders, or take other protective action if it reasonably believes misuse, abuse, fraud, unlawful conduct, or a security risk has occurred, or if you materially breach these Terms and do not promptly cure the breach after notice where required.

MyCA may also decide at any time to stop offering all or part of the services generally, or to end individual access without a specific reason, subject to completing any orders that MyCA has already accepted and is reasonably able to fulfill, and subject to any nonwaivable rights under applicable law.

You may stop using the services at any time. If you wish to cancel an order or account, that will be handled under these Terms and any applicable cancellation, refund, or remake policies.

Termination or suspension will not limit any other rights or remedies available to MyCA under these Terms or applicable law.

25. Severability, Waiver, and Entire Agreement 

If any part of these Terms is found to be invalid, unlawful, or unenforceable, that part will be removed or limited to the minimum extent necessary, and the rest of the Terms will remain in full force and effect.

If MyCA does not enforce a right or provision under these Terms in a particular situation, that does not mean MyCA has waived that right or provision for the future. Any waiver of a right or provision must be in writing and signed by MyCA to be effective.

These Terms, together with any other terms, consents, and policies that are expressly referenced or linked in these Terms (including the Privacy Policy and any applicable warranty or refund policies), constitute the entire agreement between you and MyCA regarding the website, services, and products, and supersede any prior or contemporaneous written or oral agreements or understandings on that subject.

26. Contact Information 

If you have questions about these Terms, the MyCA website, the services, or your order, or if you need to contact MyCA for any reason, you may use the following contact information:

Company name: Asana Ortho

Email: info@mycasmile.com

Mailing address:
591 San Pablo Ave, Albany, CA 94706

Phone: (510) 525-1772

MyCA may update its contact information from time to time, and any updated details will be posted on the MyCA website.