Our Commitment to Your Privacy

1. DEFINITIONS AND SCOPE

This governs the business relationship between Star Smile Manufacturing Private Limited (hereinafter “Whistle”, “Company”, “we”, or “us”) and its authorised B2B channel partners, including dental clinics, orthodontic practices, and other healthcare providers (hereinafter “Partner Clinic” or “Partner”).

1.1 Product Range

• Clear Aligners — Custom-fabricated orthodontic appliances

• Braces — Bracket-and-wire systems supplied by Whistle

• Glow — Professional biomimetic enamel care and aesthetic dental solution. •Any additional products made available by Whistle from time to time

1.2 Nature of Relationship

Whistle is a medical device manufacturer and does not practise dentistry. The Partner Clinic is an independent professional entity solely responsible for clinical diagnosis, treatment planning, and the administration of any orthodontic or dental procedure.

Whistle's role is limited to manufacturing, supplying, and providing productrelated guidance.

2. PARTNER ELIGIBILITY & ONBOARDING

1. The Partner must be a duly registered dental or orthodontic practice operating under applicable Indian law.

2. Partner representatives involved in product ordering and treatment planning must be licensed dental practitioners or authorised support staff operating under their supervision.

3. Partners agree to maintain accurate clinic, practitioner, and treatment records and to provide Whistle with updated information upon request.

4. Whistle reserves the right to approve, refuse, or discontinue any partner relationship at its sole discretion.

3. ORDERING, PRICING & PAYMENT

5.     All product orders must be placed through Whistle’s authorised channel (website, sales representative, or designated partner portal).

6.     Orders are only accepted from registered Partner Clinics. Whistle reserves the right to refuse or cancel orders at its discretion.We don’t take any orders directly from patients

7.     Digital scans or dental impressions, along with a valid prescription from a registered dental practitioner, must accompany all aligner orders before manufacturing commences.

3.2  Pricing

8.     All applicable prices are subject to change at Whistle’s discretion without prior notice unless written notice is legally required.

9.     Partners are responsible for paying all invoiced amounts in full without any deductions, set-offs, or withholdings except for applicable statutory tax deductions (subject to submission of relevant certificates).

3.3  Payment Terms

10.  Payment must be made by the invoice due date. Timely payment is of the essence.

11.  Whistle reserves the right to suspend or cancel supply of products and decline new orders ifoutstanding invoices remain unpaid.

12. Any processing fees, banking charges, taxes, or fees levied by banking partners, payment gateways,or credit card companies are solely borne by the Partner.

4. SHIPMENT, DELIVERY & TITLE

13.  Products will be shipped together or in phases based on the treatment plan approved by thePartner’s dental practitioner.

14.  Title to, and all risk of loss or damage for, the products shall transfer to the Partner immediately upon      delivery of the products to the common carrier or the Partner's representative at Whistle's point of       shipment (FOB Shipping Point)

15.  Whistle shall not be liable for damages, losses, or expenses arising from failure to meet targeteddelivery dates.

16.  Delays caused by Force Majeure Events (including acts of God, natural disasters, pandemics,government orders, customs delays, or supply shortages) do not entitle the Partner to any refund, cancellation, or replacement.

17.  Upon delivery, the Partner must immediately inspect products for quantitative and qualitativeconformity.

•  Obvious defects must be notified to Whistle in writing immediately.

•  Latent or hidden defects must be notified in writing within 7 days of the delivery date.

•  Failure to notify within these timelines constitutes acceptance of delivery as complete and defect-free.

5. WARRANTY

5.1  Limited Product Warranty

Whistle warrants that its products, when used in accordance with the provided Instructions for Use (IFUs) and Documentation, will: (i) conform to the specifications in the approved treatment plan; and (ii) be free from defects in material and workmanship.

5.2  Warranty Period

The limited warranty for each product expires 7 days after the date of delivery of the product to the Partner Clinic. Delays in the wear schedule after dispatch do not extend the warranty period.

5.3  Warranty Exclusions

The warranty does not apply where the defect arises from:

•  Neglect, misuse, or mistreatment of products by the Partner or any third party

•  Failure to follow Whistle’s instructions, IFUs, or Documentation

•  Modification or alteration of products by any person other than Whistle

•  Use in combination with unauthorised third-party products or services

•  Errors in submitted records or prescriptions

•  A customised specification or instruction provided by the Partner

•  Use of products after their expiration date

•  Treatment outcomes, which are inherently variable and not guaranteed

5.4  Warranty Remedy

If a product fails to conform to the limited warranty, Whistle’s sole and exclusive liability shall be, at its option: (i) replacement of the product; or (ii) credit to the Partner’s account for the amount paid for that product. Return of the defective product is required to receive a remedy.

6. REFUND, RETURN & CANCELLATION POLICY

6.1  Eligible Grounds for Refund

Refunds are processed at Whistle’s discretion and only in the following circumstances:

•  Wrong payment or billing error

•  Smile transformation determined to be clinically not achievable

•  Manufacturing defect in the product that cannot be cured or rectified

•  Wrong product delivered

•  Missing component or item from the product or package

•  Expired product delivered

All returns must be initiated within 7 days of receipt of the product.

6.2  Exclusions — Refund / Return / Cancellation NOT Permitted

No refund, replacement, or return is available in the following situations:

18.  Once the treatment plan has been consented to or approved by the Partner Clinic.This approval canbe in any form be it whatsapp/Email or any other form.

19.  Once aligner or product manufacturing has been commenced either full or in batches.

20.  Where the smile transformation has been financed or booked under any promotional offer.

21.  Where prosthesis has been fitted, or an implant, bracket, or crown has been ordered.

22.  Where the treatment procedure is complete or any therapy has been conducted at a clinic outsideWhistle’s partner network.

23.  Where an aligner or product has not been collected and the fit has changed due to shifting of teethrequiring new measurements.

24.  On remorse grounds (e.g., dislike of colour, error of choice, or unwillingness to use the orderedproduct).

25.  Where the product is in good working condition and proper fit.

26.  Where the return does not include original packaging, price tags, labels, and all components,including any complimentary gifts.

27.  Where the original packaging is damaged or the return request is initiated more than 48 hours after adamaged delivery is received.

28.  Delivery delays due to Force Majeure Events.

6.3  Deductions Applicable on Eligible Cancellations

Where a smile transformation or aligner order is cancelled and a refund is approved, the following deductions will apply:

•  Product planning and design fee

•  Manufacturing / fabrication charges incurred to date

•  Administrative charges as determined by Whistle

6.4  Return Process

29.  Submit a written refund/return/cancellation request to partners@whistle.in with the Partner’s account details, invoice copies, and clear images showing any defect.

30.  Products must be returned in original, sealed packaging with all seals, labels, lot numbers, barcodes,invoices, accessories, and any complimentary items intact.

31.  Whistle’s quality team will inspect the returned products and submit findings to the approvingauthority. Refund approval is at Whistle’s sole discretion.

32.  Refunds will be processed to the originating bank account within 30 days of approval. An additional2–3 business days may be required for the amount to reflect in the account.

6.5  Refund Modes

Mode 1: Credit towards an alternate Whistle product (standard deductions apply). Mode 2: Direct credit to the Partner’s registered bank account (deductions apply).

Mode 3: Any other mode as per Whistle’s discretion.

6.6  Cancellation of Orders

For orders not yet approved, cancellation requests must be submitted in writing to Whistle’s support team within 7 days of the invoice date. The Partner may be liable for applicable cancellation, processing, handling, and shipping fees. Whistle reserves the right to modify applicable fees at any time.

7. COMPLIANCE & CLINICAL RESPONSIBILITY

33.  The Partner Clinic is solely responsible for prescribing and administering orthodontic treatment,maintaining all records, and exercising independent clinical judgment for every case.

34.  Whistle’s products, plans, reports, and reference guides are not a substitute for clinical judgment andmust be used only under the supervision of a licensed dental or healthcare professional.

35.  The Partner must ensure that all products are used: (i) for their intended orthodontic purpose; (ii) consistent with Whistle’s IFUs and Documentation; and (iii) in accordance with all applicable laws and regulations.

36.  The Partner agrees to regularly review and communicate all risks associated with aligner andproduct use to the relevant end user.

37.  Whistle periodically updates its IFUs and Documentation. The Partner is responsible for ensuringawareness of and compliance with the latest versions.

8. INTELLECTUAL PROPERTY

38.  All content, branding, product designs, software, documentation, and materials produced or suppliedby Whistle are protected by copyright, patent, trademark, and other intellectual property rights and remain the sole property of Whistle.

39.  The Partner is granted a limited, revocable, non-exclusive, non-transferable licence to use Whistle’sproducts and documentation solely for the purpose of providing orthodontic treatment within their practice.

40.  The Partner shall not commercially distribute, resell, reproduce, reverse-engineer, modify, orsublicense Whistle’s products, software, or documentation to any third party without prior written consent from Whistle.

41.  The Partner agrees to notify Whistle promptly upon becoming aware of any infringement of Whistle’sintellectual property rights.

9. CONFIDENTIALITY

42.  The Partner agrees to keep confidential all pricing, offers, treatment plans, login credentials,Documentation, technical information, and any other information disclosed by Whistle that is proprietary or confidential in nature (“Confidential Information”).

43.  Confidential Information shall not be disclosed to any third party or used for any purpose other thanas permitted under this Agreement.

44.  This obligation survives the termination of the Agreement.

10. LIMITATION OF LIABILITY & INDEMNITY

10.1     Limitation of Liability

To the maximum extent permitted by applicable law:

45.  Whistle and its protected/group entities shall not be liable for any indirect, special, incidental, punitive,or consequential damages arising from the Partner’s use of the website, products, or services.

46.  Whistle’s total aggregate liability for all claims arising from or related to the supply of products or       this Agreement shall not exceed fifty percent (50%) of the amount paid by the Partner to Whistle       for the relevant products.

10.2     Indemnity

The Partner shall indemnify and hold Whistle and its protected entities harmless against any and all claims, losses, damages, costs (including legal costs), and liabilities arising from:

•  Any breach of this Agreement by the Partner or any act or omission that would constitute such a  breach

•  The Partner’s use of Whistle’s products in an unauthorised manner

•  Provision of incorrect, incomplete, or delayed information or records to Whistle

•  Clinical decisions, outcomes, or procedures undertaken by the Partner or its dental professionals

11. TERMINATION

11.1  Whistle’s Right to Terminate

Whistle may terminate this Agreement immediately upon written notice in the event of:

•  Breach of any provision of this Agreement, including non-payment of invoices

•  Unauthorised or improper use of Whistle’s products or intellectual property