TERMS AND CONDITIONS LABDENTALDIGITAL.COM

This legal agreement (remote contract) concluded between you and Labdentaldigital governs your use of the products and services of the Labdentaldigital  platform. It is important that you read and understand the following terms. By clicking “I agree,” you agree that these terms will apply if you choose to access or use the service.

1. General information

1.1. The website www. Labdentaldigital.com (hereinafter referred to as the “website”, “website”, “platform” Labdentaldigital , ” Labdentaldigital “, ” platform”) is owned and operated by Dental lab Numerix    LLC 69923 8 TH AVE BROOKLYN NY 11228

1.2. In this section, generic entitled “Terms and Conditions” are stipulated the standard conditions that will underlie the use of this website in any conditions and on any device. These terms will be applied in full and identify how you use this website, all the images, sections, functionalities of the website.

1.3. These Terms constitute the entire contractual agreement between you and  Labdentaldigital  with respect to the subject matter of these Terms and supersede any other prior or contemporaneous agreements.

1.4. By using, viewing this website and the services or functions offered on the website, you agree to each of the following terms and conditions, and yet together, the use of this website being subject to the acceptance and observance of the general conditions of access and use as well as compliance with all applicable laws.

1.5. Registration and logging on to the  Labdentaldigital platform, accessing the website and its use automatically implies the implicit and unconditional acceptance of the General Conditions, which will prevail over any other understandings, agreements or addenda concluded with  Labdentaldigital.

1.6. We reserve the right, in our absolute discretion, to change, modify, delete or add terms, at any time, without your prior notice, which changes will be immediately applicable.

1.7. When you return to the website, please check the date of the last update and the content of the changes. The changes will apply only for the future.

1.8. If you do not agree to any of these site standard terms and conditions, we recommend that you do not proceed by entering data for the purpose of opening an account, as opening an account is subject to your acceptance of this document.

2. Definitions:

For the sake of clarity, the following terms shall be defined as follows:

• Website – defines the website hosted at www. Labdentaldigital .com, its pages, sections, sub-pages and sub-sections, the content in static or dynamic images, the text and any other material present at this address (including but not limited to x-rays, CT, processed images). At the same time, this term will define the construction elements for the hosted pages, the code elements, the logical sequences as well as any other logical algorithm present at this address;
• Visitor – any person, without limitation, who accesses this site in any way, without creating an account;
• User – any person (physical or legal) who has received rights of use or has benefited from a registration process in direct or indirect connection with the site, including patients and Specialists (Doctors);

For more details regarding the registration and account creation process, please access the Terms of Use section.

• Remote contract concluded with a consumer – the contract concluded between the professional ( Labdentaldigital ) and the consumer (natural person user) under the organized remote service system, without the simultaneous physical presence of the professional and the consumer, with the exclusive use of one or more means of remote communication, up to and including the moment when the contract is concluded;
• Remote Agreement concluded between professionals – the agreement concluded between professionals ( Labdentaldigital ) and (legal person user), a commercial transaction that leads to the provision of remote services for a fee, without the simultaneous physical presence of the parties, with the exclusive use of one or more means of remote communication, up to and including the moment when the agreement is concluded;
• Subscription –  Labdentaldigital  provides a service that allows registered users, for a fee, to create a virtual database, the possibility to interact with other users, to create working groups for the exchange of views, to study the information published by other users, to publish and study cases, as well as specialized articles.

• Fees – means the amounts invoiced to the User by Labdentaldigital  , for the use of the platform  Labdentaldigital .

In order to consult the information on the costs involved in using the Platform, please access the  Price Policy/Tariff Plans section.

• Free Trial Period (option available only for the Dentist account) – the 14-day period calculated from the date of registration in the platform and the creation of the account, included in the contractual duration, for which no user fees are charged
•  Labdentaldigital  – defines the entity  DENTAL LAB NUMERIX LLC, 6923 8TH AVE BROOKLYN NY 11228 
•  Labdentaldigital   – is a technological platform dedicated to users, which offers the possibility to record a secure virtual base of medical data, photos, video, files obtained using intraoral scanners (STL) or cone-beam tomography computers (CBCT), radiographs. It offers the possibility to interact with other authorized professional users in order to establish a diagnosis, to create working groups for the exchange of views, to study the information published by other users, to publish and study cases, as well as specialized articles

3. Guarantees

3.1. We assure you that we make every effort to ensure the functionality within normal parameters and the allocation of the necessary resources so that the services offered are constantly improved.

3.2. However, the website is provided “as is”, with any possible display errors that may occur and  Labdentaldigital SRL does not guarantee the proper functioning and/or display or the content of information of any kind related to this website or the materials contained on this website.

4. Restrictions:  

4.1. Any use of the content www. Labdentaldigital .com for purposes other than those expressly permitted by this document or by the legislation in force is prohibited.

You are restricted in the following cases and for activities such as:

• the sale, sublease, sublease and/or any other marketing of any material on the Website;
• use of this website in any way that is or may be harmful to this website or to the image, reputation or interests of Labdentaldigital  ;
• use of this website, or any materials, images on the website in any way that the access of other users of the website is affected;

• use of this website contrary to the laws and regulations in force, or in any way that may harm the image, reputation or activity of the company, or any person;
• engaging in any data exploitation, data collection, data extraction or any other similar activity in connection with this website, contrary to the activity carried out through the website or exceeding the purposes stated for the processing;
• using the materials contained in the website for its own advertising or for any other purposes different from the purpose for which they were requested/uploaded on the website;
• copying, distributing, publishing, transferring to third parties, modifying and/or altering in any way, using, displaying, including any content in any context other than the original;

4.2. To the extent that we have a legitimate suspicion of using the content of the platform for purposes other than those permitted, certain areas of this website are or may be restricted from being accessed by you and  Labdentaldigital  may  further restrict your access to any areas of this website at any time at our absolute discretion. If the website administrators prohibit or restrict your access to the website, you will not be entitled to receive any compensation.

5. Intellectual Property rights

5.1. The Website, its content as well as any other material related in any way to the Website, present at www.Labdentaldigital.com as well as any other informative material related directly or indirectly to the Website, are the property of  Labdentaldigital . All intellectual property rights in the texts, pictures, marks, design (unless they are owned by other holders) are and remain the property of Labdentaldigital  .

5.2. By acquiring the quality of visitor or user, you acquire a limited right to visit or use the services made available through the platform, without acquiring rights to any elements already protected by copyright belonging to Labdentaldigital .

5.3. If you wish to exploit in any other way the elements, information, materials, images or other material susceptible in any way to be the carrier of intellectual property

rights, please contact us prior to any exploitation, this exploitation right being granted individually and exclusively to you only by the written consent of our company.

For more information on intellectual property rights, please visit the Intellectual Property Rights section.

6. Personal Data Protection

6.1. In accordance with the provisions of US Regulation on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive (General Data Protection Regulation), the Labdentaldigital   platform collects, processes and stores personal data for the purpose of recording and verifying the information recorded by Users.

6.2.  Labdentaldigital  processes personal data under conditions of legality, fairness and transparency, ensuring the integrity and confidentiality of personal data processed in accordance with the applicable legal provisions.

For more information regarding the processing of personal data, please access the Privacy Policy and the  Data Processing Agreement  Section.

7. Compensations

7.1. Dental Lab Numerix LLC  reserves the right to claim damages in the event of violation of the rights held and/or in the event of violation of the terms and conditions set forth herein. Thus, you guarantee for the indemnity to the highest extent of Dental Lab Numerix LLC against any and/or all costs, claims, actions, damages and expenses arising in any way related to your breach of any of the provisions of these terms.

8. Attribution

8.1. Dental Lab Numerix LLC is entitled to assign, by transfer, to assign as well as to subcontract its rights and/or obligations under these Terms, without any prior notice.

9. Amendments to the Terms and Conditions

9.1. The User is obliged to periodically check the Terms and Conditions. The invalidity of any clause of the Terms and Conditions, in whole or in part, shall not affect the validity of the other clauses or parts of clauses.

If certain terms of the Terms and Conditions become inoperative in whole or in part, or if a point has not been included in the Terms and Conditions, they shall not affect the validity of the other terms. The inoperative or unmentioned clause will be replaced by an appropriate clause which, to the extent legally acceptable, comes closest to what the Contracting Parties intended or, following the conception and expression of the Terms and Conditions, obtains what is intended after the endorsement of the missing or inoperative clause.

9.2. We reserve the right to amend/supplement the Terms and Conditions of Use at any time, to modify or discontinue any current features / functionalities to reflect:

• changes in legal or regulatory requirements,
• changes and / or improvements to our product,
• changes in the way our business is carried out,
• changes in economic conditions
• changes to the website or the technology used, etc.

9.3. If an update affects your use of the Services or your rights as a user of our Services, we will notify you prior to the effective date of the update by emailing the email address associated with your account or by notifying you through our platform.

9.4. If you do not agree with the changes we make, please cancel your subscription and stop using the Services before the updated Terms take effect. By continuing to use or access the Services after the updates take effect, you agree to be bound by the revised Terms.

10. Limitation of liability

10.1. The information on the site is general and should not be used as the sole and only reason for deciding on important matters. We are constantly working to ensure that the site is accurate, complete and up-to-date, but there is always a risk, for example, that typos, external influences and technical errors result in erroneous information. This means that Labdentaldigital cannot guarantee and assumes no liability that the information is always accurate, complete and up-to-date.

We cannot be held responsible for any errors occurred as a result of the implementation of text or image on the website, due to the incompatibility with various browsers, the inaccuracy or outdated information published or maintained on the site, which is not due to our fault.

We disclaim any responsibility for the content or availability of the information found on the website and cannot be held responsible for the proper functioning of the website, for the proper display of the content or functionalities offered, although, as mentioned in the chapter Warranties, we make every effort to ensure that they operate in normal parameters.

1. 10.2. Labdentaldigital  is not liable for any damages, direct or indirect, resulting from:

• the activities carried out by the Users of the Website, the comments posted by the Users when using the services.
• non-compliance by users with the “Terms and Conditions”.
• the failure of the site or the impossibility of accessing certain links displayed on them.
• violation of applicable law by users, including with regard to the Processing of personal data (Regulation 2016/679, Law 190/2018 implementing Regulation 2016/679).
• use or impossibility of using the information in the platform
• unauthorized access to user data
• statements/actions of a third party on Labdentaldigital services

10.3. Certain parts of the content published on Labdentaldigital may be provided by third parties with whom  Labdentaldigital  has contractual relations in this regard. Labdentaldigital  is

not responsible in any way for the content provided by third parties, whether it is advertising or not. Labdentaldigital is also not responsible for the content of external pages referenced from within.

10.4.  Labdentaldigital  reserves the right not to approve or disable those information or comments sent for publication or published which are contrary to the terms and conditions of use, which are outside the subject matter considered by the site, or which it considers, unilaterally, to be illegal, discriminatory, insulting, inappropriate or harmful, in any form, to its own image, partners or third parties.

10.5. In no event shall Labdentaldigital , by implication any person within the Company and/or its affiliates, partners, subsidiaries and any other entity under the control of Labdentaldigital, be held liable for anything arising out of or in any way relating to the use of this website or for any indirect liability, unless such liability is expressly stipulated between the parties at present.

11. Language Option

11.1. The Labdentaldigital he platform provides users with at least one international language option to inform about the processing and use of personal data according to the Terms and Conditions and to express their consent in this regard.

11.2. If the data provided show that the percentage of members coming from another country increases considerably, Labdentaldigital will make available to the respective users the language option specific to the respective state in order to provide adequate information on how to use the personal data and express their informed consent.

12. Use of cookies

12.1. To improve the user experience on our Site, we use cookies. Some of these modules are essential for the Site to function. We also use non-essential cookies to collect information that helps improve the Site.

For more information please visit our Cookie Policy.

13. Miscellaneous

13.1. Labdentaldigital and the User are not affiliated, but are independent contractors. For the avoidance of any doubt, the User shall not at any time consider himself to be an employee of the Supplier, regardless of the purpose and is not entitled to benefit from any rights other than those expressly mentioned in this policy.

13.2. Any notification addressed by one party to the other is validly fulfilled if it is communicated in writing by mail, e-mail, courier, with acknowledgment of receipt. Notices to the User may be sent to the applicable email address of the account and are considered communication when sent.

Notices to Labdentaldigital  will be sent to contact@Labdentaldigital.com.

13.3. A waiver of the performance of an obligation shall not be deemed a waiver of any subsequent default.

13.4. The User may not assign or transfer this Agreement or any right or obligation attached to the Agreement or to the account created without the written consent of Labdentaldigital.

 Labdentaldigital  may assign this Agreement or any rights or obligations under the Agreement to an Affiliate or in connection with a merger, acquisition, reorganization or sale of business without notice.

13.5. The User agrees to the appointment by Labdentaldigital of subcontractors to provide the Services. Labdentaldigital shall remain responsible for all its acts or omissions and for any subcontracted obligations.

14. Special conditions applicable to the remote contract concluded with the individual User

14.1. The natural person user benefits from a period of 14 days to withdraw from the remote contract, without having to justify the withdrawal decision and without incurring any other costs.

14.2. The withdrawal term expires within 14 days from the date of conclusion of the contract, respectively from the date of checking the box aiming at your implicit and unconditional acceptance of the General Conditions.

14.3. Before the expiry of the withdrawal period, you will inform us of your decision to withdraw from the contract by sending us the model withdrawal form below or any other unequivocal statement in which you express your decision to withdraw from the contract.

Model withdrawal form

This form is sent back completed only if you wish to withdraw from the contract.

To [insert the name, physical address and e-mail address of the professional]:

I /We hereby inform you (*) of my/our withdrawal (*) from the contract regarding the sale of the following goods (*)/the provision of the following services (*)

-Ordered on (*)/received on (*):

Name of consumer (s) Address of the consumer (s)

Signature of consumer(s) (only if this form is notified on paper),

Date

14.4. After receiving your withdrawal decision, if applicable, we will refund the amounts we received as payment from you, within 14 days from the date we receive the withdrawal decision from the contract, using the same payment methods as those used by you for the initial transaction.

14.5. In case of withdrawal from the contract, you will no longer have access to your account, which will be disabled, and you will no longer be able to access and use any digital content associated with the account.

How can you contact us?

If you have any questions about this document, your rights and obligations, you can contact us using the information below.

Dental Lab Numerix LLC, at the address 6923 8TH AVE,BROOKLYN NY 11228 or at the e-mail address contact@Labdentaldigital.com

TERMS OF USE SECTION

The contract /legal agreement between the parties shall be deemed to have been concluded when the User checks the box “I agree to the Terms and Conditions”, opts for the variants of consent he wishes to grant and then registers his/her personal account within the Platform.

1.  Creating and Registering an Account

In order to use the services of the Labdentaldigital Platform, it is necessary to create and register an account, conditioned by the express and unequivocal consent of the User regarding the Terms and Conditions of Use in this Section, as well as the Privacy Policy, which constitutes the entire agreement between the parties.

Creating an account involves choosing the user profile and one of the two available options:

Dentist Account

1. *  I am a Dentist  “Labdentaldigital Account”
2. * i am a Dental laboratory “Labdentaldigital.com”

Depending on the chosen profile, the user will register the account, using real data when creating the account (Name / Surname), as well as a valid e-mail address.

Don’t share your Account information with anyone. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that are performed from or through your Account and you agree to notify Labdentaldigital without undue delay of any breach of the security of your Account.

You agree to provide accurate and complete information when you register on the Platform and during its use and you agree to update the Registration Data so that it is accurate and complete at all times.

Failure to provide accurate, current and complete Registration Data may result in the suspension and/or termination of your Account.

After validating the account via the forwarded email address, the User, Patient or Dentist, will have direct access to the services provided by .

Prerequisites for opening the account

• The user creates an account by filling in and submitting the real personal information, as requested in the registration form (surname, first name, email, password, year of birth).
• The account creation service is available exclusively for people aged 18 and over.
• To use the Service, you may not be a person prohibited from receiving the Service under the laws of the applicable jurisdiction, including the country in which you reside or from which you use the Service. By accepting this Agreement, you represent that you understand and agree to the above provisions.
• The Patient User consents to the use of his/her personal data, including medical data, for the purpose of making medical records, establishing the diagnosis, the treatment plan and the treatment, including so that the medical user can add other users to the medical team to facilitate the diagnosis. For this purpose, the Labdentaldigital Platform will ask the Users for information on the current health status, respectively data on the medical history.

Once the account is registered and confirmed and the contract is concluded remotely between the parties, it is valid for an indefinite period.

1. User consent

2.1. User consent granted to the processing of personal data when creating the account

In order to create the user account, the user agrees to the processing of the personal data provided in the registration form.

The Labdentaldigital platform processes personal data, including sensitive personal data, only on the basis of the express consent of the User, granted according to the specific purpose of the data processing.

For more information regarding the processing of personal data, please access the Privacy Policy and the Data Processing Agreement  Section.

2.2. Consent of the User Patient given to the registration of the medical record

User Consent Patient given to medical record recording implies acceptance of the processing of sensitive personal data that can be found in photographs, videos, files

obtained using intraoral scanners (LTS) or conical beam CT scans (CBCT), X-rays.

The consent of the User Patient in connection with the registration of the medical file also includes the consent to use the current health information and medical history appropriately.

This consent includes the right of the dentist to add to the team the specialists necessary to establish the diagnosis and treatment without the need for additional consent.

The processing of these data shall be carried out in order to establish the diagnosis, the treatment plan and the actual treatment.

In the absence of consent for this purpose, the physician may not access the Patient User’s sensitive personal data and therefore may not be able to provide treatment services through the Labdentaldigital  Platform.

At the same time, the User Patient will have access and will be able to control the medical data recorded in his/her personal account. In addition, the User Patient shall have the right to delete the medical data from his/her patient account, based on a notice of withdrawal of consent.

However, following the deletion of medical data, the User will be informed that the Labdentaldigital Platform will keep a copy of the medical record for the treating physician for the sole purpose and only for the period necessary to ensure the legal term for archiving medical data.

2.3. User consent granted to receive email notifications

The User has the option to express their consent to receive notifications at the e-mail address registered in the account of each User regarding the updates of the Platform or other content published in it, through the application.

If the User does not consent to this, the system notifications will be accessible only on the Platform.

1.  Account functionality

Depending on the chosen profile (Patient account or Dentist account), users can use the following services:

For Dentist or dental laboratory account

• The possibility to record a private, encrypted, secure virtual base of medical data, photos and portfolios targeting various practical cases, accessible at any time for the User, respectively in the desktop or mobile version, as well as any other variants or desktop applications (desktop devices);
• Keeping dental documents in one place, in a safe manner, the data being encrypted, to which you can access at any time from the mobile application, or by accessing our website
• Possibility to share dental information with specialists registered in the platform in order to request dental services
• Possibility to request other opinions for your case via the app

4. User obligations

Regardless of the chosen account, all Platform Users have the following obligations:

• to fill in the registration form with real personal information;
• to carefully read and accept the Terms and Conditions of Use of the Platform, as well as all other internal policies displayed on the Platform;
• to ensure that it complies with all the legal obligations incumbent on it in relation to the entire Content uploaded in Labdentaldigital, that it has obtained all the necessary approvals, that it has made all the necessary notifications to the persons whose data it uses; in particular, the User guarantees that it complies with the provisions of the legislation on the protection of personal data (both the national legislation of the User’s state of residence and the regulations at European level), as well as any regulations regarding intellectual or industrial property rights, where applicable;
• to give consent to the use of the uploaded data for medical purposes, to establish a diagnosis and to establish a treatment, as well as to be accessed by any member of the medical team determined by the treating physician.
• not to harm the image and interests of the Provider and not to affect the security of the Labdentaldigital platform by the activity carried out; in this respect, the Users are strictly prohibited:
• Downloading, offering, disseminating or saving any materials that may infringe personal rights, copyrights, rights with respect to personal data or that may constitute a criminal offence, in particular illegal downloading of music, films or software is strictly prohibited;
• Loading, offering, disseminating or saving materials with defamatory, offensive, discriminatory, racist, offensive or pornographic content is not allowed under any circumstances;
• Installation and use of unauthorized software;
• Offering or disseminating/expressing religious or political materials/opinions;
• To immediately inform the Provider of any incident related to the Content uploaded to the Labdentaldigital Platform that could affect the confidentiality, integrity and security of the Content uploaded; an incident may refer to any risk situation that could lead to the disclosure of the Content to unauthorized persons, loss or theft of data, attempts to access the system that allow unauthorized access to the Content, finding a Content deleted or altered without authorization, any virus or cyber

• attack on the Platform. Incidents shall be reported by the User to the Service Provider within a maximum of 24 hours from the time it became aware of them by email at support@Labdentaldigital.com.

1.  Account closing

5.1. Voluntary closing of the Account by you

Your account may be cancelled or closed by you at any time during the invoicing cycle and or during the free trial period, access being maintained until the end of the invoicing cycle or until the end of the free trial period.

You are solely responsible for the correct closing and cancellation of your account.

If the cancellation takes place during the free trial period, the cancellation becomes effective at the end of the free trial period.

If the cancellation occurs during the invoicing cycle, the cancellation becomes effective at the end of the current subscription period (for example, if the User has a paid monthly subscription, the cancellation becomes effective the following month, if the Client has a paid annual subscription, the subscription cancellation becomes effective the following year).

Once the account and subscription plan are cancelled, the account remains deactivated, read-only. The user can reactivate his/her account and subscription plan at any time.

Any fees paid by you prior to closing on your own initiative are non-refundable (unless otherwise permitted by this Agreement), including any fees paid in advance for the billing year during which you close your Account. Closing your Account will not relieve you of any obligation to pay any fees or charges accrued and no credits for unused subscriptions will accrue.

5.2. Closure of the account by  Labdentaldigital 

  Labdentaldigital may terminate or suspend your Account in whole or in part and/or access to the Service at any time under certain circumstances and without prior notice if we become aware of:

• breaches of this Agreement or any other policies or guidelines referred to therein and/or displayed within the Service;

• a request from you to cancel or close your Account.;
• a request and/or order from a law enforcement, judicial or other governmental agency;
• where the provision of the Service to you is or could become illegal;
• unexpected technical or security issues or problems.
• your participation in fraudulent or illegal activities.
• non-payment of any fees due by you in connection with the Service, only upon 30 days’ prior notice and only if you have not corrected the misconduct within this 30-day period.

Any such closure or suspension will be made by Labdentaldigital at its sole discretion, and Labdentaldigital will not be liable to you or to any third party for any damage that may result or arise from such closure or suspension of your Account and/or access to the Service.

In addition, Labdentaldigital  may close your Account without prior notice if:

• It is found or there are serious suspicions that the user repeatedly violates the agreed conditions of use, the terms and conditions, as well as any of the policies or information published on the platform
• If the account is not used / accessed for an uninterrupted period of 3 years.

5.3. Effects of closing the Account

Upon closing the Account, you will lose all access to the Service and any parts thereof.

Moreover, according to the internal data retention policies, Labdentaldigital  will delete the information and data retained in or as part of your accounts.

The closing of the account and the termination of the contract do not exclude in any case the User’s liability for the unpaid services or for the damages caused to the Labdentaldigital  platform as a result of non-compliance with the Terms and Conditions.

6. Limitation of Liability

6.1. Without prejudice to the limitations of liability provided in the General Section of the Terms and Conditions, we do not assume direct or indirect liability as a Service Provider for:

• the professional qualifications, experience or professionalism of the Users within the Labdentaldigital  platform. Users have the opportunity to personally assess these issues in the study of the information presented and the discussions on specific topics.
• how the Users of the  Labdentaldigital  platform use the data and information recorded within the platform, this being the sole responsibility of the Platform Users
• the content of the data, information, studies, articles and diagnoses recorded within the Labdentaldigital platform.
• violation of the provisions of US Regulation no. 679/2016 regarding the collection, processing and use of the personal data of third parties by this Agreement by the Platform Users. The User has been informed and accepted the exclusive liability for any damages that may result from the breach of the legal provisions on the protection of personal data.

1.  Applicable law and competent court

7.1. The use of the Online Platform and the services made available through it shall be governed by and construed in accordance with US and European Union law.

7.2. The Parties shall attempt to resolve any dispute in connection with the use of the Platform amicably. If the Parties fail to reach an agreement on the dispute, it shall be finally settled by the competent court at the premises of the Smilecloud Supplier.

PRICE POLICY SECTION. PRICING PLANS

 Labdentaldigital  service plans can be purchased as a subscription.  Labdentaldigital  provides the following plans:

Starter Plan

The Starter Plan is intended for individual users

Starter Plan includes a single user (no other members can be added)

Starter Plan includes a maximum of 120 cases

Cost of the Starter Plan: 500 euros / year

Standard Features

14 days of file recovery

Business Plan

The business plan is intended for clinics, laboratories

Business Plan includes at least 2 users and other members can be added

The Business Plan includes an unlimited number of cases

Cost of Business Plan: 720 euro / year

Standard + Business features

365 days of file recovery

Enterprise Plan

The Enterprise Plan is for organizations and large groups.

The Enterprise Plan includes at least 50 users.

The Enterprise Plan includes an unlimited number of cases

The cost of the Enterprise Plan: customized on request

Business + Enterprise Features

5 years of file recovery

1. Membership Plans

Available subscription plans (Starter, Business, Enterprise) with associated fees and features can be found on our Pricing page.

1. Free Trial

2.1. Registration with our services starts with a trial / trial period during which you will be able to use the Labdentaldigital platform free of charge for 14 days from the date of registration (“Free trial period”).

2.2. During your free trial, some features may have limited access or restrictions.

2.3. During the free trial period, you will not be required to add credit card information, but you have the option to provide such information and subscribe to Labdentaldigital at any time during the free trial period. Subscription during the free trial period automatically ends the free trial period.

2.4. At the end of the free trial, if you have not yet subscribed, your account will go into a read-only mode, where you will be able to access your account and download the resources you uploaded during the trial period, but you will not be able to perform any other actions or use any other features unless you subscribe.

1.  Billing and Payment Information

3.1. When you subscribe to Labdentaldigital, you will be required to provide your contact and billing information in a true, accurate and accurate manner. You will be asked to provide name/address information as well as your VAT registration number or tax identification number. You will also be asked to provide your credit card information and authorize it as an Authorized Payment Method. Card details are stored in a secure and encrypted environment via our Braintree payment processor.

3.2. You will keep updated your Authorized Payment Method, contact information, billing information for the payment of fees incurred and recurring, as applicable.

3.3. You can update your billing information in your account at any time. Labdentaldigital . Updated billing information will only apply to future invoices.

1.  Dues and taxes

4.1. If electronic services are provided to a final consumer (B2C), it is  Labdentaldigital as the service provider who will pay the value added tax to the tax authorities. This means that  Labdentaldigital  must invoice the VAT to the users at the rate that the value added tax has in their Member State of belonging, to declare it and to pay it through One Stop Shop. It is therefore essential to identify where the user has his’ permanent address’ or ‘habitual residence’ (when the user is a natural person).

The Provider shall assume that the User is established, has his permanent address or usually resides at the place where the service is rendered to him  by Labdentaldigital  and where the User is present in person, as the latter’s physical presence is necessary in order to be able to receive the service. This would be the place where the service rendered by Labdentaldigital  is taxable. For example, this place may refer to an internet access point (wi-fi hotspot), an internet café, a restaurant or the lobby of a hotel, among others.

For e-services (digital services) that are provided remotely,  Labdentaldigital  must be able to determine the user’s location as easily as possible, so that the VAT rate is applied automatically. When no specific presumptions apply, it is assumed that the user is established, has his permanent address or usually resides at the place identified as such by Labdentaldigital on the basis of two items of evidence that are not contradictory.

Article 24f of the VAT Implementing Regulation provides a non-exhaustive list of evidence that could be used by Labdentaldigital to identify the place where an end-user is established, has his permanent address or usually resides (the user’s billing address, the IP address of the device used by the user, bank details such as the location of the bank account used for payment, mobile country code).

n cases where, based on the available evidence, Labdentaldigital  identifies two countries where the User is established or domiciled, it must choose the country of taxation in accordance with Article 24. The list of evidence in Article 24f shall include a reference to other commercially relevant information.

It will be for Labdentaldigital  to decide which two items of evidence are not contradictory which it deems most trustworthy in determining the User’s place of membership.

If  Labdentaldigital  does not have and would not have been able to have information that would qualify for the specific presumption to apply, he will use the general invoicing rule.

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4.2. For legal persons users who carry out economic activities (taxable persons) and who communicate a valid registration code for VAT purposes from a state different from USA, the invoicing will be done under reverse charge regime.

If the valid VAT identification number has not been communicated, the user will be considered a non-taxable person/final consumer. This will allow Smilecloud to determine immediately and with certainty whether the payment of value added tax is due to him (as is the case for any supply of a service to a non-taxable person or to a taxable person in the same Member State) or whether the User has to pay the tax (because the supply is made to a taxable person in another Member State).

Where services are supplied to a non-taxable legal person, priority shall be given to the place where its central administration functions are performed (point (a)). This shall only occur if there is no evidence that the services are used at another location of the respective non-taxable legal person.

4.3. The User shall pay to Labdentaldigital  all applicable Fees and Charges, in the currency and in accordance with the payment terms indicated on the invoice.

4.4. User authorizes  Labdentaldigital  to charge all applicable Fees using the payment method selected by User.

4.5. All fees are charged and invoiced prior to each invoicing cycle. Billing cycles may be monthly or annual, depending on the subscription plan.

4.6. Your subscription plan fees will be detailed on the Subscription page in your  Labdentaldigital  account.

4.7. All subscription plans are recurring and we will charge your Authorized Payment Method until you cancel your subscription plan.

4.8. All fees are displayed in DOLLARS and include fees. Tax rates may vary depending on your location and will be shown separately on the invoice.

1.  Fair Billing Policy

5.1. At Labdentaldigital, we believe in fair fees to our customers and will use proportionate fees, depending on the type of action you take on your  Labdentaldigital  account.

• When you add new members during your billing cycle to your plan Business, we will only charge for the time used during your current cycle. Proportional fees are automatically calculated and displayed during the checkout session and invoiced accordingly. Full fees will apply from the next billing cycle.
• When you remove members during the billing cycle from your plan Business, a vacancy becomes available and you can add another member to the vacancy at no additional cost. The administrator of the business plan can also remove the vacancy and the plan fees will decrease accordingly starting with the next billing cycle.

• When you upgrade, downgrade or change your billing cycle, the new rate plans are charged and invoiced immediately and we will only charge you the difference between the fees for the new plan and what you have already paid for the previous plan. Proportional fees are automatically calculated and displayed during the checkout session and invoiced accordingly.
• You will not be able to take any action on downgrading, upgrading, or modifying the billing cycle if the current Plan’s remaining value is greater than the Plan you wish to change to. You will be automatically informed from which date you can take action on your Plan.

6. Refunds and cancellations

6.1. The chosen subscription plan can be cancelled by you at any time during the billing cycle, the access to the plan being maintained until the end of the billing cycle.

6.2. Cancellation becomes effective at the end of the current subscription period (for example, if the User has a paid monthly subscription, cancellation will become effective the following month, if the Client has a paid annual subscription, the subscription cancellation will become effective the following year).

6.3. Once the subscription plan is cancelled, the account remains deactivated, read-only.

6.4. You will be able to reactivate your Subscription Plan at any time, with the corresponding payment.

6.5. Any fees paid by you prior to the plan’s cancellation on your own initiative are non-refundable (unless otherwise permitted by this Agreement), including any fees paid in advance for the billing year during which you close your Account.

Canceling the plan will not relieve you of any obligation to pay any fees or charges accrued and no credits for unused subscriptions will accrue.

1.  Changes to Services and Prices

7.1. The User has the obligation to periodically check the Price Policy.

7.2. We reserve the right to modify/supplement at any time the price policy in force, to modify or interrupt any current features / functionalities to reflect:

• changes in legal or regulatory requirements,
• changes and / or improvements to our product,
• changes in the way our business is carried out,
• changes in economic conditions
• changes to the website or the technology used, etc.

7.3. If we do so, we will inform you at least 30 days in advance via the email address registered upon account creation or through notifications via our platform.

7.4. If you do not agree with the changes we make, please cancel your subscription and stop using the Services before the new pricing policy becomes effective. Where applicable, we will provide you with a pro rata refund based on the amounts you have prepaid for the Services and the date of cancellation of your account. By continuing to use or access the Services after the updates take effect, you agree to be bound by the new pricing policy.

INTELLECTUAL PROPERTY RIGHTS SECTION

1. Intellectual property

Intellectual Property means patents, inventions, copyrights and related rights, trademarks, trade names, service marks and domain names, purchasing rights, rights of action, design rights, semiconductor topography rights, database rights, confidential information, moral rights, property rights and any other intellectual property rights, in each case whether registered or unregistered, including all applications or rights to be applied for, as well as renewals or extensions of the respective rights and all similar

or equivalent rights or forms of protection which will subsist now or in the future in any part of the world.

The Website, its content as well as any other material related in any way to the Website, present at wwwLabdentaldigital.com copyrights in the Software and other components of the Platform, as well as any other informative material related directly or indirectly to the Website, are the property of Labdentaldigital .

All intellectual property rights in the texts, pictures, marks, design (unless they are owned by other holders) are and remain the property of Labdentaldigital .

1. Recognition of the copyright holder:

The User acknowledges that all the patrimonial copyrights over the Labdentaldigital  platform are the property of the Company.

By acquiring the quality of visitor or user, you acquire a limited right to visit or use the services made available through the platform, without acquiring rights to any elements already protected by copyright belonging to Labdentaldigital.

The user has the obligation and agrees with:

• If necessary and deemed necessary, to assist the Company in requesting the registration of any intellectual property of the Company, to make available any documents or information that the Company may require to protect, maintain and exploit the Intellectual Property of the Company, at the reasonable expense of the Company;
• To inform the Company of any infringement of the Intellectual Property of the Company of which it is aware, or, if the case, to enforce it against third parties and to defend it against the infringement of third parties at the reasonable expense of the Company;
• not to apply for the registration of an intellectual property of the Company without the prior written consent of the Company; and
• to maintain the confidentiality of the entire intellectual property of the Company, unless the Company has consented in writing to its disclosure

1. Reproduction of data intellectual property of the company:

Permanent or temporary reproduction of data the intellectual property of the company, in whole or in part, by any means and in any form, including if the reproduction is determined by the installation, storage, running or execution, display or transmission on the network is prohibited.

The translation, adaptation, arrangement and any other transformations to data the intellectual property of the company, as well as the reproduction of the result of these

operations, without prejudice to the rights of the person who transforms the computer program is prohibited.

1. Distribution of intellectual property data of the company:

The sale or any other way of transmission, for a consideration or free of charge, of certain data, the intellectual property of Labdentaldigital , in original or in copy, in any form is forbidden.

1. Public communication of intellectual property data of the company:

Public, direct or indirect communication of data the intellectual property of Labdentaldigital  by the User, by any means, including by making them available to the public, so that they can be accessed in any place and at any time individually chosen by the public is prohibited.

1.  Duration of copyright protection

The patrimonial copyrights on the creations/inventions of  Labdentaldigital are the property of the company since their creation for the entire duration of these rights.

1.  Copyright protection

The User shall not engage or authorize any third party to perform any act that would invalidate or could invalidate or is inconsistent with any intellectual property right of the Company and shall not permit or authorize any third party to perform any act that could invalidate or is inconsistent with any intellectual property right of the Company.

The User shall promptly and fully notify the Company of any actual, potential or suspected infringement of any of the Company’s Intellectual Property Rights which comes to the attention of the User and of any claim or threat of any third party claiming that the Platform infringes any rights of any other legal or natural person.

The User shall, at the request and expense of the Company, take such steps as may be reasonably necessary to assist the Company in maintaining the validity and enforceability of the Intellectual Property Rights during the term of this Agreement, in taking or defending any proceedings in connection with any such infringement or claim.

DATA PROCESSING AGREEMENT SECTION

The purpose of this Data Processing Agreement is to establish how  Labdentaldigital  processes data as the Proxy Person of the Specialist for processing of patient data.

The Parties agree that, in accordance with the Data Protection Legislation, the Specialist is the Data Controller who entrusts processing operations of patients’ personal data to  Labdentaldigital .

The Controller shall be provided with all information regarding the necessary processing carried out by Labdentaldigital. In order to provide all the services described within the Platform,  Labdentaldigital  uses authorized representatives to whom it will transfer personal data, exclusively for the purpose of fulfilling the contractual obligations to provide the services.

1.  Definitions

The following terms, whether capitalized or lowercase, shall have the meaning set out in Regulation (EU) 2016/679: “Supervisory Authority”, “Personal Data”, “Personal Data Breach”, “Data Subject”, “Processing”.

1.  Processing according to the instructions and purposes of the Operator

2.1. The Operator is the one who establishes the purposes and limits of the processing of Personal Data carried out under this Agreement, as well as, as the case may be, the means by which they are carried out and other processing details depending on the specificity of the envisaged processing.

2.2. The Proxy has the obligation to process Personal Data only at and within the limits set out in the Instructions issued by the Operator, including the transfer of

Personal Data to a Third Party.

1.  Processing of patient data

3.1. Considering the performance of the activity through the Labdentaldigital platform and the processing of personal data using the platform, Labdentaldigital  has access to the patients’ data, which it transfers, at the request of the Operator or for the performance of the contract concluded with the Operator, to the authorized representatives of  Labdentaldigital , for the use of the services.

3.2. Patient data are processed by Labdentaldigital  within the limits set by the Data Controller and will not be processed for purposes other than those entrusted by the Data Controller, unless Labdentaldigital  is the Data Controller in relation to the Data Subject.

3.3. Considering the functionalities of the platform, Labdentaldigital  provides services for storing patient files. For this processing, the Operator establishes the storage period, having the right to request at any time the Proxy to delete patient data from the databases. In this situation, it is the obligation of the Operator to ensure the storage of medical data in compliance with the applicable law, the Processor being not liable for any damage caused by the execution of the instructions of the Operator regarding the deletion of personal data from the systems it manages.

1.  Maintaining Data Privacy

4.1. The Processor shall maintain the confidentiality of the processing and the results obtained based on the processing of Personal Data, except for the prior written permission of the Controller to disclose them.

4.2. The Proxy shall ensure that any person entrusted with the processing of Personal Data by the Proxy, either employee or authorized representative, has undertaken, in writing, to maintain the confidentiality of Personal Data before starting the respective processing activities. The Commitment shall expressly provide that persons who have access to Personal Data are strictly prohibited from disclosing them without prior authorization from a person entitled to issue such authorization. The obligation of confidentiality shall bear both on the Personal Data and on the content of this Agreement, together with all Annexes thereto, the instructions of the Operator and any other correspondence, notification, document, relating to the Data, the Agreement or the Agreement.

4.3. The Proxy shall ensure that all persons involved in the processing of Personal Data process such data only on the basis and within the limits of the instructions received from the Controller. The Proxy is obliged to ensure that access to Personal Data is allowed exclusively to persons whose attributions are the processing of such Data for the purpose set out in this Agreement (“need-to-know basis”).

4.4. The obligations of the Proxy to maintain the confidentiality of the data shall remain imposed on it even after the cessation of the processing activities under this Agreement or upon the cessation of the provision of services to the Operator or other contracts concluded between the Parties.

5. Security of processing

5.1. In order to assess the adequate level of protection, the Proxy shall take into account, in particular, the risks associated with the processing, such as the unintentional or unlawful destruction, loss, alteration, unauthorized disclosure of or access to such Personal Data.

5.2. The Proxy shall adopt one or more of the following measures, without being limited to them, in order to ensure the security of Data processing:

• the pseudonymisation and encryption of Personal Data;
• Ensuring the confidentiality, availability and integrity of systems and services;
• Quickly restore the availability of and access to Personal Data; or
• Implement a process of regular verification and evaluation of the effectiveness of technical and organizational measures to guarantee the security of processing.

5.3. The Proxy will support the Operator in making available to it all the information regarding the technical and organizational measures implemented and documenting the compliance with the technical and organizational measures implemented by it, taking into account the way in which these data are processed, respectively through the platform developed and made available by the Proxy.

5.4. The Proxy must ensure that persons outside the area of responsibility for the processing of Personal Data or who do not have security guarantees do not have access to such Personal Data and that there are rules and procedures to prevent unauthorized access and to limit the consequences of such access.

5.5. The Proxy has the obligation to make a strict and precise selection of access to processed Personal Data in order to ensure that unauthorized access to the processed data is not possible.

5.6. The Proxy shall provide the Operator with all possible support in fulfilling its obligations to respond to the requests addressed by the Data Subjects and to the issues related to the exercise of the Data Subjects’ rights.

In the event of a Personal Data Breach, the Processor shall notify the Controller thereof in writing without delay, at the latest within 24 (twenty-four) hours of becoming aware of the breach.

6. Authorized representatives

6.1. For the provision of the services available within the Platform, Labdentaldigital uses the services of authorized representatives. Thus, in order to access the services, the Operator understands that the data processed from the patients will be transferred by the Proxy to the authorized representatives providing the services.

6.2. A list of Labdentaldigitalauthorized representatives can be accessed here.

Last edited on 16.06.2024.