Terms of service
Last updated: November 10, 2026.
Terms of Service
These Terms of Service (the “Terms”) are a legally binding agreement between you and Alienguards, LLC, a California limited liability company doing business as Traybite (“Traybite,” “we,” “us,” or “our”). Our business address is 25 S 3rd St, Unit 105, San Jose, CA 95113. You may contact us at support@alienguards.com.
These Terms govern your access to and use of traybite.com, any related pages, checkout, accounts, and communications, and your purchase and use of our products, including at-home impression kits and custom appliances (together, the “Services”). They incorporate the following documents by reference, each of which is also a condition of sale:
1. Acceptance of these Terms
You accept these Terms when you do any of the following: (a) check a box or click a button that says you agree; (b) complete checkout after being presented with a required, unchecked consent statement that links to these Terms and the documents listed above; or (c) otherwise indicate assent in a manner we reasonably record.
If you do not agree, do not use the Services or place an order. Please read these Terms carefully, including the assumption of risk, warranty disclaimer, limitation of liability, indemnification, and binding individual arbitration provisions (with a 30-day opt-out and a small-claims court carve-out) in Sections 10, 11, 12, 13, and 14.
2. Eligibility and purchases for minors
You must be 18 years of age or older to purchase from us or to create an account. If a product will be used by a person under 18, a parent or legal guardian must (a) place the order, (b) accept these Terms and the Assumption of Risk and Release on the minor’s behalf, (c) supervise the impression process and use of the product, and (d) confirm that use is appropriate after consulting the minor’s dentist as needed.
We do not sell products for use by children except through a parent or legal guardian. You represent that the information you provide is accurate and that you have authority to accept these Terms for yourself and, if applicable, for a minor.
3. What we sell — and what we do not claim
Traybite currently offers custom clear retainers made from at-home impressions you take and return to our lab. Night guards are 3D printed from your impressions and will be offered only after regulatory review is complete; they are not for sale until we say so on the product page. Clear aligners, if mentioned on the site, are waitlist-only and are not offered for sale.
Our products are not intended to diagnose, treat, cure, or prevent any disease or condition. They are not a substitute for an in-person examination, diagnosis, or treatment by a licensed dentist or physician. Retainers are intended to help hold teeth in their current position; they are not designed to move teeth. We make no medical or dental claims. Read the Medical & Product Disclaimer.
4. Not medical or dental advice; dentist relationship
Nothing on the website, in our emails, in health questions, in these Terms, or in any communication from us is medical or dental advice. We are a dental laboratory and retailer, not your dentist. You are responsible for maintaining regular care with a licensed dentist and for telling that dentist about any appliance you use.
Talk to your dentist before ordering if you have pain, loose teeth, gum disease, recent dental work, jaw pain, clicking, limited opening, braces or other appliances, a history of temporomandibular disorders, an allergy to plastics or impression materials, or any other oral-health concern. Stop using a product and contact your dentist and us if you have pain, sores, swelling, numbness, a change in your bite, looseness of teeth, or an allergic reaction.
5. Availability and professional review
Some products may not be available in every state. We will not describe a dentist as having reviewed your order unless that review has actually occurred. If a licensed dentist is involved in your order, we will make available the identifying information required by law. Nothing in these Terms limits your ability to file a complaint with the Dental Board of California.
6. Your responsibilities: health disclosures and impressions
Fit and safety depend heavily on information and impressions you provide. You agree to:
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Answer all pre-order and fit questions truthfully and completely, and promptly update us if anything changes.
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Follow the Impression Kit Instructions & Safety, including choking and allergy warnings and supervision of minors.
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Take impressions carefully. If you are unsure about an impression, email a photo to support@alienguards.com before you mail it so we can tell you whether it can be used.
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Use the appliance only as directed, inspect it before each use, and stop use if it is damaged, warped, cracked, or causing irritation.
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Tell us and your dentist about dental work, tooth movement, or a change in fit before requesting a reorder from a stored model; we may require new impressions.
You understand that an incomplete, distorted, or poorly seated impression can produce an appliance that does not fit, and that we cannot independently verify conditions inside your mouth. Responsibility for the accuracy of your impressions and health disclosures rests with you, except to the extent a problem is caused by our failure to follow our own stated process or by a defect we introduced in manufacturing, or as otherwise required by law.
7. Orders, custom goods, prices, and taxes
An order is an offer to buy. We may decline or cancel an order, including if we cannot make a safe or appropriate appliance from the information or impressions you provided, if a product is not available in your state, or if we suspect fraud or misuse. Prices are stated at checkout and may change. Applicable sales tax will be collected as required, including California sales tax on these appliances where the law requires it.
Appliances are custom-made for a single person from that person’s impressions and are not transferable. They are customized goods. See the Refund & Remake Policy for remakes, refunds, and damaged or incorrect shipments.
8. Accounts, website use, and intellectual property
If you create an account, you are responsible for your login credentials and for activity under the account. You may not misuse the site, attempt unauthorized access, scrape it unreasonably, or post unlawful or infringing content. The Traybite name, badge, site design, and content are owned by us or our licensors. We grant you a limited, non-exclusive, revocable license to use the site for shopping and account management only.
9. Privacy
We collect and use personal information, including impressions, models, scans, photos, and health-related answers needed to make an appliance, as described in our Privacy Policy and, for Washington consumer health data, our Consumer Health Data Privacy Policy. The Privacy Policy controls if there is a conflict about the collection, use, or disclosure of personal information.
10. Assumption of risk
Using an at-home impression kit and wearing a custom oral appliance involve inherent risks. Those risks include, among others, gagging, choking or aspiration of impression material or a broken appliance, irritation or injury to teeth, gums, lips, or tongue, allergic reaction to impression materials or appliance plastics, temporary or lasting discomfort, changes in your bite, tooth movement if an appliance is ill-fitting or is used other than as intended, and jaw or muscle discomfort. You understand these risks, have read the Impression Kit Instructions & Safety and the Medical & Product Disclaimer, and voluntarily assume the inherent risks of using the Services and products, to the maximum extent permitted by law.
The full Assumption of Risk and Release is part of these Terms. You accept it when you accept these Terms.
11. Warranty disclaimer
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT FOR ANY REMEDY WE EXPRESSLY PROVIDE IN THE REFUND & REMAKE POLICY, THE SERVICES AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS. We disclaim all other warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, but only to the extent a disclaimer is permitted by law.
This disclaimer does not apply to any warranty or remedy that cannot be limited or disclaimed under California law. That includes rights under the Song-Beverly Consumer Warranty Act and the Consumers Legal Remedies Act. If the law treats our remake and refund commitment as an express warranty, this “as is” language does not limit any implied warranty that cannot be disclaimed. Some states do not allow certain warranty disclaimers, so some of the above may not apply to you.
We do not warrant that an appliance will fit on the first attempt, will last any particular period, or will achieve any clinical or cosmetic result. How long a retainer or night guard lasts depends on wear, care, grinding, and changes in your mouth. Normal wear is not a defect.
12. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALIENGUARDS, LLC, AND ITS MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AFFILIATES, AND REVIEWING PROFESSIONALS (IF ANY) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE SERVICES, PRODUCTS, OR THESE TERMS, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES, PRODUCTS, OR THESE TERMS IS LIMITED TO THE AMOUNT YOU PAID TO US FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM.
These limits do not apply to liability that California law does not allow us to limit or disclaim. Nothing in these Terms limits liability for fraud, willful injury, gross negligence, or a violation of law, or any other liability that cannot be limited as a matter of law, including non-waivable rights under the Consumers Legal Remedies Act and the Song-Beverly Consumer Warranty Act.
Some states do not allow certain limitations of implied warranties or incidental or consequential damages, so some of the above may not apply to you. You may also have other rights that vary by jurisdiction.
13. Indemnification
To the maximum extent permitted by law, you agree to indemnify and hold harmless Alienguards, LLC and its members, managers, employees, contractors, and affiliates from claims, damages, losses, and reasonable attorneys’ fees arising out of (a) your misuse of a product or the Services, (b) your failure to follow the Impression Kit Instructions & Safety or other written directions, (c) inaccurate or incomplete impressions or health disclosures you provided, (d) your use of an appliance after you knew or should have known it was damaged or causing a problem, or (e) your violation of these Terms or of law.
This indemnification does not require you to indemnify us for our own fraud, willful misconduct, or gross negligence, or for any claim to the extent it is caused by our violation of law.
14. Binding individual arbitration; class-action waiver; opt-out; small claims
Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court, except as stated below.
Informal resolution first. Before starting a formal proceeding, you and we agree to try to resolve a dispute informally. Email support@alienguards.com with your name, the email on the order, the order number, and a brief description of the dispute. We will try to resolve it within 30 days of receiving a complete notice. This informal step is a condition of arbitration, except as provided below.
Agreement to arbitrate. Except as provided in this Section 14, you and we agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or any product (a “Dispute”) will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect (available at adr.org), and not in court. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. The arbitrator may award the same individual relief that a court could award, including public injunctive relief to the extent a court could award it and to the extent such relief may not be waived under California law.
Exceptions — small claims and official complaints. Either you or we may bring an individual action in small claims court in your county of residence or in Santa Clara County, California, if the claim qualifies. You also remain free to file a complaint with the Dental Board of California, the California Attorney General, a district attorney, or any other government agency. This section does not limit those rights.
Class-action and representative-action waiver. You and we agree that Disputes will be brought only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding, except that you may seek public injunctive relief in arbitration or court to the extent that right cannot be waived. The arbitrator may not preside over any form of class or representative proceeding. If this class waiver is found unenforceable as to a particular claim, then that claim (and only that claim) may proceed in court and will be severed from arbitration.
Process and fees. The arbitration may be conducted based on written submissions, by phone or video, or in person in your home county or in Santa Clara County, California, at your choice for claims within the AAA Consumer Rules. We will pay AAA filing, administrative, and arbitrator fees to the extent the AAA Consumer Rules or applicable law require the company to pay them, and we will not seek attorneys’ fees from you unless the arbitrator finds your claim was filed in bad faith or is frivolous. If we do not pay arbitration fees when required, we may lose the right to compel arbitration.
30-day opt-out. You may opt out of this arbitration agreement within 30 days after you first accept these Terms. To opt out, email support@alienguards.com from the email on your order with the subject line “Arbitration Opt-Out,” and include your full name, mailing address, and order number (if any). If you opt out, the rest of these Terms still apply, and either party may pursue Disputes in court, subject to Section 15. Opting out has no effect on other contracts you may have with us.
15. Governing law and venue
These Terms and any Dispute are governed by the laws of the State of California, without regard to conflict-of-laws rules that would apply another state’s law, except that the Federal Arbitration Act governs the arbitration agreement. Subject to Section 14, exclusive venue for court proceedings is the state or federal courts located in Santa Clara County, California, and you and we consent to personal jurisdiction there, except that you may bring a qualifying individual action in small claims court in your county of residence.
If you are a consumer, this clause does not deprive you of non-waivable protections of the law of the state in which you live, to the extent those protections apply and cannot be varied by agreement.
16. Changes, severability, entire agreement, and miscellaneous
We may update these Terms by posting a revised version and updating the date above. Changes will not apply retroactively to disputes that arose before the change. If a change materially affects your rights, we will provide additional notice as required by law (for example, by email or a site notice). If you do not agree, you should stop using the Services. Your purchase after the effective date of updated Terms constitutes acceptance of the updates, except where law requires a further consent.
If any provision of these Terms is held invalid or unenforceable, it will be modified to the minimum extent necessary to make it valid and enforceable, or if that is not possible, severed. The remaining provisions will continue in full force. A waiver of a breach is not a waiver of any other breach.
These Terms, including the documents incorporated by reference, are the entire agreement between you and us concerning the Services and products, and supersede prior or contemporaneous understandings on that subject. They do not create any third-party beneficiary rights except as stated for indemnified persons. You may not assign these Terms without our consent; we may assign them in connection with a merger, reorganization, or sale of assets. Headings are for convenience only.
These Terms do not require you to waive, and you do not waive, any right that cannot be waived in advance under California law.
17. Contact
Alienguards, LLC dba Traybite
25 S 3rd St, Unit 105
San Jose, CA 95113
Email: support@alienguards.com
Questions about these Terms, or a notice under Section 14, should be sent to the email above.