Assumption of Risk and Release

Last updated: November 10, 2026.

Assumption of Risk and Release

This Assumption of Risk and Release (this “Release”) is an agreement between you and Alienguards, LLC, a California limited liability company doing business as Traybite (“Traybite,” “we,” “us,” or “our”), 25 S 3rd St, Unit 105, San Jose, CA 95113. It is part of the Terms of Service. You accept this Release when you accept the Terms of Service, including by checking the consent box at checkout. If you are buying for a minor, you accept this Release on your own behalf and as parent or legal guardian on behalf of the minor.

Please read this carefully. It affects legal rights that you might otherwise have, but only to the extent those rights may be limited by agreement under applicable law.

1. Voluntary participation

You have chosen to buy and use an at-home impression kit and, if applicable, a custom oral appliance (a retainer and, when offered, a night guard) without an in-person visit to our facility. You understand that this is not the same as care in a dental office, and that we are not your dentist. You have read the Terms of Service, Medical & Product Disclaimer, and Impression Kit Instructions & Safety.

2. Inherent risks

You understand and acknowledge that taking an impression at home and wearing a custom oral appliance involve inherent risks that cannot be eliminated entirely, even when instructions are followed and the appliance is made with reasonable care. Those risks include, without limitation:

  • Gagging, coughing, vomiting, choking, or aspiration of impression material, saliva, a tray, or a piece of an appliance.

  • Irritation, abrasion, or injury to the teeth, gums, lips, tongue, or jaws; pulling or loosening of a tooth, crown, bridge, or orthodontic appliance; and temporary or lasting soreness.

  • Allergic or sensitivity reactions to impression materials or to the plastic or other materials in an appliance.

  • Discomfort, jaw or muscle soreness, changes in your bite, tooth movement, or difficulty speaking or sleeping, especially if an appliance does not fit well or is worn other than as directed.

  • A poor fit if impressions are incomplete, distorted, or poorly seated, or if your teeth change after the impression is taken.

  • For a minor, all of the above, which can be more serious if a child is unsupervised or does not follow directions.

This list is not complete. You accept that other risks may exist.

3. Assumption of risk

You voluntarily assume the inherent risks of using the kit, mailing impressions, and wearing the appliance, including the risks listed above and the risk of injury or property damage arising from those inherent risks, to the maximum extent permitted by law. You are responsible for following the Impression Kit Instructions & Safety, supervising any minor, answering health questions truthfully, and stopping use and seeking appropriate care if a problem occurs.

4. Release of claims (limited)

To the maximum extent permitted by applicable law, you release and discharge Alienguards, LLC and its members, managers, employees, contractors, and affiliates (the “Released Parties”) from claims, liabilities, and damages arising out of or relating to the inherent risks described above, or arising out of ordinary negligence of the Released Parties in connection with the kit, impressions, or appliances, including claims for personal injury or property damage.

This Release does not and cannot release claims that California law does not allow you to release in advance. Nothing in this Release waives or limits:

  • Liability for fraud, willful injury, or gross negligence;

  • Liability for a violation of law, including non-waivable rights under the Consumers Legal Remedies Act and the Song-Beverly Consumer Warranty Act;

  • Your right to file a complaint with the Dental Board of California; or

  • Any other claim that cannot be released or limited as a matter of law.

The limitation of liability and warranty provisions in the Terms of Service also apply, with the same statutory exceptions.

5. Minors

If the product will be used by a person under 18, the parent or legal guardian signing this Release represents that they have the authority to do so, that they have explained the risks to the minor as appropriate, and that they will supervise impressions and use. To the maximum extent permitted by law, the parent or guardian assumes the inherent risks on behalf of the minor and releases claims the parent or guardian could assert individually, including claims for medical expenses or loss of services. This paragraph does not attempt to waive a minor’s own personal-injury claim to the extent California law does not allow a parent to waive it in advance.

6. Other terms

This Release is governed by California law, as stated in the Terms of Service, including the arbitration, small-claims, and opt-out provisions. If any part of this Release is held unenforceable, the rest remains in effect, and the unenforceable part will be modified to the minimum extent needed to make it enforceable. You have had a reasonable opportunity to read this Release and to ask questions by emailing support@alienguards.com before placing an order.