TERMS AND CONDITIONS
Last updated: [15.05.2023 ]
Welcome to CristaLine Aligners!
These Terms and Conditions ("Terms") govern the relationship between CristaLine Aligners GmbH ("we", "us", "our", "Platform", "CristaLine Aligners") and the respective Client ("you", "your") concerning the access to the functionality of the Platform and the Services.
We encourage you to review these Terms carefully. Any use of the Platform and the Services and any information and content included therein is subject to the terms and conditions set forth herein.
Account shall mean a personal account of the Client on the Platform using which the Client can access and use our Services.
Case shall mean the Patient's profile which consists of an application form filled in by the Client, a scanned or a digital copy of the Patient's consent to personal data processing and photos of their teeth, X-rays/panoramic images, TRG, that are uploaded by the Client, as well as other information added to the Patient's profile.
Client shall mean a dental professional or a Dental Practice representative who uses the Platform through their Account to receive the Services described herein.
Dealer (Authorised Dealer) shall mean an individual experienced in distribution, marketing, sales & support of medical (dental) devices, designated by CristaLine Aligners GmbH as authorized under the agreement(s) to perform Services to the Client(s) on behalf of CristaLine Aligners GmbH in the respective territory.
Dental Practice shall mean a legal entity carrying on the business of dentistry under the applicable law.
Dental Practice Representative shall mean an individual with the right and authority to act on behalf of a particular Dental Practice when using the Platform and Services.
Patient shall mean an individual who has or intends to receive dental treatment with the Product by a particular Client.
Product (“CristaLine Aligners”) shall mean a clear plastic removable aligner, custom processed under the requirements set by the Client based on the data received from their Patient, including, but not limited to, the purpose of treatment and the desired result of it.
Order shall mean a unique request for the Product provided by the Client through their Account on the Platform on the terms set forth hereunder, which comprises a created by the Client Case of their Patient for the purpose of custom production of the Product.
Services shall mean the functionalities of the Platform described herein, which allow the Client to place an Order for custom production of the Product, comments (treatment prescriptions), which may also include inferences of our orthodontist, drawn up on the basis of the information provided by the Client about the Patient's Case and the treatment prescriptions, approved by the Client.
Visitor shall mean an individual who visits the Platform without creating an Account.
1.2. Who We Are
CristaLine Aligners is operated by CristaLine Aligners GmbH, a company registered and acting under the laws of the Federal Republic of Germany with its registered office at 75181, Pforzheim, Hanauer Straße 1-5.
Our Data Protection Officer:
Legal IT Group LLC
Office 1, 38 Volodymyrska Str.
01030 Kyiv, Ukraine
The Services offered by the Platform are available only for dental professionals, Dental Practice Representatives and Authorised Dealers.
Visitors who visit the Platform without creating an Account may use it for informational purposes only and should not consider any information relating to orthodontic, dental conditions, products and treatments as medical advice for any specific medical condition.
Each time you access the Platform, you acknowledge, warrant and affirm that you are an Authorised dealer or a dental professional, at the time of accessing the Platform, you are entitled to practice as a dental professional in the country of your residence and that you have not been disallowed or restricted to practice by the competent state authority and do not reasonably foresee any circumstances that may give rise to your disallowance or restriction to practice.
You can also register an Account and use the Platform and Services as a Dental Practice Representative, in this case you represent and warrant that you have the right and authority to enter into these Terms on that Dental Practice’s behalf and bind it to the terms and conditions hereof and act on that Dental Practice’s behalf when using the Platform and Services. To access or use the Platform and Services, you represent and warrant that the respective Dental Practice has the right, authority, and capacity to enter into these Terms and to abide by all of the terms and conditions hereof.
You cannot register and use an Account on the Platform as an individual on your behalf and for non-commercial purposes.
2. OUR SERVICES
2.1. Scope of the Services
We provide functionalities of the Platform described herein, which allow:
the Client to place an Order for custom production of the Product, comments (treatment prescriptions), which may also include inferences of our orthodontist, drawn up on the basis of the information provided by the Client about the Patient's Case and the treatment prescriptions, approved by the Client;
When you visit the Platform, we provide you with access to the following functionality of the Platform:
1) create and manage your Account;
2) fill in the Patient's details provided that the Patient has consented to the processing of their personal data by the Platform;
3) create Order(s) and receive the ordered Product via postal service;
4) review and confirm the orthodontist's proposed treatment plan and Product characteristics;
5) check the status of the current/delivered Order(s);
6) request to provide further Products according to the treatment plan as well as amendments to the delivered Order(s) based on adjustments to the treatment plan agreed with the Patient, which are subject to additional payment, if applicable;
7) receive other Services that may be available for Clients on the Platform.
We may amend the scope of Services from time to time and terminate (temporarily or permanently) some of the Services' functionalities at our own discretion. You may familiarise yourself with such changes on the Platform at any time. Herewith, we undertake our best efforts to inform you of such changes promptly.
We may change the Product's price due to factors beyond our control (e.g., raw materials price increase, etc.). We will take all reasonable measures to notify you in advance by posting a notice on the Platform or sending an email (if applicable).
We may offer all or some of the Services on promotional terms, for example, at a discount, at our discretion, at any time, and during any period ("Promotions"). We may also provide seasonal, temporary, and any other types of marketing offers (e.g., bonuses or promo codes) concerning certain Services or the entire list of Services at our sole discretion and on the terms defined by us. We have the right to change the terms and conditions of such promotions and marketing offers at any time at our sole discretion. Information on promotions and marketing offers is posted on our Platform, and we do not guarantee that we will inform you about them by any other means.
2.3. Services Provision Procedure
To receive our Services, the Client shall:
1) log in to the Account on the Platform https://claligners.com;
2) download the Patient's consent form to the personal data processing from the Platform, sign it with the Patient, and upload a scanned copy or a digital copy of the consent form when creating the Case; the Client is not obliged to use the consent form provided by us and may sign a custom consent form as required by the applicable data protection law;
3) place an Order through the Account by filling in a Case form with the Patient's data (first name, last name, gender, age), as well as uploading a scanned or a digital copy of the Patient's consent to personal data processing, photos of their teeth, X-rays/panoramic images, TRG, additional comments (treatment wishes);
4) after the specified data has been submitted to the Platform and at the request of the Client, our orthodontist examines the Patient's case, photos of their teeth, X-rays/panoramic images, TRG, creates a treatment plan proposal and 3D visualization, requests the confirmation (or the feedback) on the proposed treatment plan from the Client, and establishes the opportunity of custom production of the Product under the particular Order. Within a reasonable period from the date of placing the Order, our orthodontist provides a preliminary approval of the Order or denies it, changing the status of the Order on the Platform to "approved" or "denied";
5) in case of preliminary approval of the Order, the Client must confirm the Order on the Platform. Once the Order is approved, and the payment is received, we start the manufacturing process;
6) manufacturing of the Product is carried out within a period notified to the Client. The Product is being delivered to the Client by the selected postal services UPS, DHL, FedEx, and to the address specified during the registration of the Account;
7) If there is a need to make changes or comment on the treatment plan - this can be done on the Platform. After processing this request, the Client will receive an alternative treatment plan free of charge within three working days;
8) the Client can cancel a particular Order on the Platform until the payment is processed.
Specific terms of Product manufacturing, payment, and delivery processes may be agreed upon in a separate agreement.
3. ACCOUNT AND ACCESS TO SERVICES
3.1. Account Registration
Access to functionalities of the Platform and our Services will require you to register with us and create an Account on our Platform. To create an Account, you have to fill in the appropriate registration form via the Platform: https://cristaline-aligners.com/doctors/
Account registration is free of charge.
3.2. Access to Your Account
You are responsible for maintaining the secrecy of the login credentials to your Account. You are also responsible for all activities in connection with your Account, including when you authorize other persons to access particular functionalities of your Account. We are not liable for any loss or damages arising from your failure to maintain the confidentiality of your Account. You agree to notify us immediately of any unauthorized access to or use of your Account.
3.3. Your warranties
1) You shall provide reliable, complete, and accurate information during registration on the Platform and keep your data up-to-date and complete.
2) You are obliged to make appropriate changes to your Account information within a reasonable period from the moment your data changes (e.g., transfer of authority, change of email address, etc.). We reserve the right to change the registration form, add new fields, and, accordingly, require you to provide additional information.
3) If you go through the registration process on behalf of the Dental Practice you represent, you warrant that you have the right and authority to enter into these Terms on behalf of thisDental Practice and bind it to the terms and conditions hereof.
4) You cannot transfer your Account to third parties.
5) You are responsible for complying with applicable doctor-patient secrecy and data protection laws and regulations applicable to you, including the GDPR. You are also responsible for collecting consent for transferring the Patient's data to us and providing us with a copy of the valid consent.
3.4. Account Deletion
You may request to close your Account at any time by contacting us via means of communication available on the Platform. Upon Account closure, we will delete all your personal data and personal data of your Patients unless otherwise legally prohibited or required. You will remain liable for all obligations related to your Account even after the Account is closed, including, but not limited to, your obligations under doctor-patient secrecy and personal data protection law.
3.5. Lawful Use
You agree to use the Platform in compliance with these Terms and applicable local, national, and international laws and regulations. You warrant that your use of the Platform does not infringe any third-party intellectual, privacy, or other rights. You also agree to comply with data protection laws within any applicable jurisdiction when using the Platform.
We are not and shall not be held responsible for your use of the Platform in a way that violates the law. Any fraudulent, abusive, or otherwise illegal activity may be grounds for your Account closure or suspending your access to the Account.
You are only allowed to use the Platform, particularly solely for professional activity (treatment of your patients) and providing authorized dealer service(s).
3.6. Prohibited Use
By using the Platform, you agree not to (nor attempt to, nor allow any third party to):
a. engage in any activities related to the Platform that violate or circumvent any applicable law, statute, regulation, bylaw, internal company policy or breach these Terms or any other agreement or policy you have with us;
b. falsely state or otherwise represent an affiliation with a person or entity;
c. attempt, in any manner, to obtain the login credentials or other security information from any other Client of the Platform;
d. use any device, software, algorithm, routine, file, or other tool or technology, including but not limited to any viruses, trojan horses, worms, time bombs, or cancelbots intended to damage, disable, overburden, or interfere with the Platform or to surreptitiously intercept any system, data or personal information from the Platform;
e. take any action that causes an unreasonable or disproportionately high load on the technical infrastructure of the Platform, including without limitation denial of service attacks, "spam", or any other such unsolicited overload technique;
f. use the Platform in any manner which may cause damage to the Platform or CristaLine Aligners GmbH;
g. collect data or other content from the Platform through automated means (e.g., bots, spiders, crawlers, scraper software agents), by establishing fake Accounts or by anonymous proxy servers or equivalent measures, or by circumventing any technical measures to prevent forbidden activity on the Platform for any purpose;
h. make unauthorized use of the Platform, including, in particular, unauthorized access to our systems or any other illegal use of any information contained on the Platform; commit unauthorized use of the Platform, including but not limited to unauthorized entry into the Platform, misuse of passwords, or misuse of any information posted on the Platform;
i. use the Platform to provide Services to third parties on a commercial basis or otherwise commercially exploit the Platform;
j. use the Platform in a manner that: violates the CristaLine aligners GmbH intellectual property rights or any other rights and anyone else’s rights; is unlawful, harmful, fraudulent, deceptive; violates the security of any computer network, or cracks any passwords or security encryption codes;
k. use the Platform in lousy faith to perform any actions, including the use of software, aimed at the violation of the regular operation of the Platform;
l. publish any Platform data in any media;
m. publicly perform or show any Platform data;
n. use the Platform to engage in any advertising or marketing;
o. post or transmit to or from the Platform any material that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in violation of privacy or which may cause annoyance or inconvenience;
p. share any personal data of third parties without proper authorization, as well as share or distribute third parties' information available on the Platform to anyone.
We reserve the right to suspend or terminate your Account without prior notice if we, at our sole discretion, believe that you have engaged in any of the actions stated above or any fraudulent or abusive use or misuse of the Platform.
In case of suspending or terminating the Account, the Platform may notify the Client of the fact and reasons for such restriction before or at the moment of the relevant actions.
If the Account is suspended or terminated, all Orders are pending.
The unauthorized or illegal use of the Platform or any other breach of the Terms will be investigated, and appropriate legal action, including, in particular, civil, criminal, or further legal proceedings, may be applied to you.
4. INTELLECTUAL PROPERTY
4.1. Our Content
All rights to the Platform and any intellectual property objects on the Platform, including without limitation all content, information, design, text, graphics, Platform trademarks, visual interfaces, interactive features, logos, compilations, source and object code, and other objects (“Our Content”), whether eligible for registration, belong to us or third parties who are our licensors and are protected under applicable copyrights, trademarks and other proprietary rights (including intellectual property rights).
Modification, reproduction, distribution, sale, licensing, reverse engineering, decompilation, copying, redistribution, use, or publication of any part of the Platform and Our Content, unless expressly permitted in these Terms or otherwise, is strictly prohibited. Use of the Platform does not give you ownership of any intellectual property rights to Our Content. When we post information or materials on the Platform, this does not constitute a waiver of any right in such information and materials.
4.2. Your Information
You affirm, represent, and warrant that you have the necessary consents and permissions to publish, upload, provide us with, and otherwise use any images and other materials you provide the Platform to receive Services hereunder ("Your Information").
For this clause, Your Information comprises of Patient's data (first name, last name, gender, age), a scan or a digital copy of the Patient's consent to personal data processing, photos of their teeth, X-rays/panoramic images, TRG, that are uploaded by the Client, as well as other information added to the Patient's profile.
You shall be solely responsible for Your Information and guarantee:
a. its compliance with all the applicable laws and regulations;
b. that Your Information does not violate any third parties rights, including without limitation privacy and intellectual property rights;
c. that in case of any claims for the protection of the intellectual property rights or rights to privacy that arise concerning Your Information, you will handle all such claims on your own without the involvement of the Platform, including without limitation, you agree to defend and indemnify us from any claims, demands, damages, fines, penalties or other expenses resulting from or relating to Your Information on the Platform. You guarantee to act as a proper defendant in cases of any lawsuits on violation of any third party rights (including without limitation any intellectual property rights or rights to privacy) by Your Information. In case of their satisfaction – you guarantee to reimburse all costs the Platform incurred with such violation.
We do not verify the truthfulness and legality of any content or information posted on or provided to the Platform by any of the Clients, including photos the Clients provide us with or upload to the Platform while filing in the Case, placing the Order, and otherwise using the functionalities of the Platform. We take no responsibility and assume no liability for any content or information posted, stored, transmitted, or uploaded to the Platform by any of the Clients or for any loss or damage to it.
You understand and agree that we have the right at our sole discretion to refuse to provide our Services to you and temporarily prohibit and delete any of Your Information uploaded by you to the Platform if we believe that Your Information violates these Terms, is considered to be illegal or may infringe the rights and freedoms, harm or endanger the safety of other Clients or third parties or in case of absence/illegitimacy of the Patient's consent to data processing.
Photos and X-rays/panoramic images, TRG of your Patient's smile and teeth only may be shared with our partners (e.g., professional orthodontists) for a second opinion/referral for a specific treatment.
5. WARRANTY DISCLAIMER
We undertake to exercise due care and skill in the performance of the Services. CristaLine Aligners GmbH certifies that it operates under all valid laws, regulations, directives, other legal provisions, standards, and recognized best practices applicable to our field of activity.
We explicitly indicate herewith that, due to differences in each Patient's health condition and a treatment plan agreed upon by the Client and the Patient, the Product's effectiveness cannot be guaranteed without limitation. Conditions of use, such as diagnosis and indications, handling, storage, and cleaning of the Product as well as factors related to the Patient, treatment, and other circumstances, have a direct influence on the Product and the results of its use and are not under our control. Success or specific results cannot be guaranteed, and secondary effects or complications cannot be excluded, particularly those due to improper use and concerning special issues specific to the Patient. We are not liable for resultant damages or expenses insofar as these result directly or indirectly from the use of the Product (and there is no guilty behavior on our part and no liability according to product liability law or due to breach of a guarantee or promise).
The abovementioned provisions are not intended to limit CristaLine Aligners GmbH's liability under the applicable law, which may not be restricted by law.
6. LIMITATION OF LIABILITY
YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. THE PLATFORM AND PLATFORM CONTENT ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS AND FOR INFORMATIONAL PURPOSES ONLY. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE PLATFORM AND PLATFORM CONTENT, AND YOU RELY ON THE PLATFORM AND PLATFORM CONTENT AT YOUR OWN RISK. ANY MATERIAL OBTAINED THROUGH THE PLATFORM IS DONE AT YOUR DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE USE, DOWNLOADING, OR ACCESSING OF ANY MATERIAL THROUGH THE PLATFORM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
All information on this Platform, including information about orthodontic and dental conditions, products and treatments, is for informational purposes only. This information should not be considered complete and is not intended to be used in place of a patient visit, call, consultation, or advice of a dental professional or any information contained on or in any product packaging or labels. Information obtained by using the website is not exhaustive and does not cover all orthodontic or dental procedures or treatments. The information on this Platform and any link to other sites are for informational purposes only. They are not intended to provide medical advice for any specific medical condition you may have. The Platform does not create a doctor/patient relationship.
This information is intended solely for the use of dental professionals. Dental professionals must always rely on their own clinical judgment when deciding whether to use a particular product when treating a particular patient. We recommend that dental professionals be trained in using any particular product before using it in a procedure. A dental professional must always refer to the package insert, product label, and instructions for use before using any of our products. Products may only be available in some markets because product availability is subject to individual markets' regulatory and medical practices.
If you access the Platform from a location outside of Germany or download content, you are responsible for ensuring that doing so is compatible with the laws applicable in the country of your residence.
To the full extent permitted by law, we disclaim any and all warranties, express or implied, regarding the accuracy, reliability, timeliness, or otherwise of any information contained or referred to on the Platform or any linked sites.
We will not be liable under any circumstances for any loss of profits or any damages of any kind recognized by law (even if we have been advised of the possibility of such loss of profits or damages) which are the consequence of your acting or failing to act, on any information contained on or referred to on the Platform or any of the linked sites, or are caused by your use of the Platform and any information contained therein.
We do not warrant, guarantee or make any representation that:
(a) the Platform, or the server that makes it available on the Internet, is free of software viruses or other malware;
(b) the functions contained in any software contained on the Platform will operate uninterrupted or are error-free; or,
(c) errors and defects in the Platform will be corrected.
We are not liable to you for the following:
(a) errors or omissions in the Platform;
(b) delays to interruptions or cessation of the services provided in the Platform or linked sites.
These provisions are not intended to and do not limit the liability of the CristaLine Aligners GmbH and the rights of the Client and the Patient, which may not be restricted by law.
You will at all times indemnify us and keep our respective officers, employees, and us (referred to as "those indemnified") indemnified from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of those indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those compensated where such loss or liability arose out of, in connection with or in respect of any breach of these Terms by you (including any warranties) or publication of or distribution of the material or information supplied by you.
7. DISPUTES RESOLUTION
7.1. Disputes with Us
If a dispute arises between you and us, we aim to provide you with a neutral and cost-effective means of resolving the conflict quickly. In the event of a dispute, we encourage you first to contact us via means of communication available on the Platform to try fixing your problem directly with us.
Any dispute or claim relating to your access and use of the Platform or Services, or otherwise arising out of or relating to these Terms that cannot be resolved directly between you and us, shall be resolved by the respective court of the Federal Republic of Germany.
8. MISCELLANEOUS PROVISIONS
8.1. Service Access
While we endeavor to ensure that the Platform is typically available permanently 24 hours a day, we shall not be liable if it is unavailable for any reason at any time or for any period. Access to the Platform may be suspended temporarily and without notice in case of system failure, maintenance, repair, or for reasons beyond our control.
8.2. Entire Agreement and Severability
If we have entered into a separate agreement with you concerning the custom production of the Product, its provisions shall prevail.
Failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision. If any part of these Terms is unenforceable, then that part will not affect the enforceability of the remaining parts, which will remain in full force and effect.
Without our prior consent, you may not assign or transfer these Terms and any associated rights or obligations or remedy hereunder. We may freely assign these Terms or subcontract our obligations without restriction.
8.4. Applicable Law
All matters relating to the Platform and Services or these Terms shall be governed by the applicable laws of the Federal Republic of Germany without regard to its conflict of law provisions.
You agree to submit to the jurisdiction of the courts of the Federal Republic of Germany to determine any dispute arising out of these Terms.
8.6. Changes and Revisions
At our sole discretion, we reserve the right to modify, amend or replace these Terms by posting a revised version on the Platform.
In case of material changes, we will make all reasonable efforts to inform you in advance via means of communication available on the Platform. Please, review these Terms from time to time for changes.
Continued use of the Platform and Services after changes come into force will indicate your acknowledgment and agreement to be bound by the revised Terms.
9. TERM AND TERMINATION
These Terms shall commence when you create an Account on the terms provided in Clause 3.1. herein and will remain in full force and effect as long as you continue to access or use the Platform and Services via your Account. You may terminate your use of the Platform and Services at any time by providing a request to us via means of communication available in your Account.
We reserve the right to suspend or terminate your access to your Account and Services at any time without prior notice if we determine that you violate or fail to comply with these Terms or applicable law, without any liability and without provision of any compensation to you in this regard. In particular, we are entitled to block your access to your Account if you violate the provisions of Clause 1.3., 3.2., 3.3., 3.5., 3.6., 4.2. herein or content requirements outlined in these Terms.
All provisions of these Terms, which by their nature should survive termination, shall survive termination, including, without limitation, warranty disclaimers and limitations of liability.
10. CONTACT US
Should you have any questions concerning these Terms, please get in touch with us via:
Our email address: firstname.lastname@example.org