Terms and Conditions
TERMS AND CONDITIONS
This user agreement ("Agreement") sets the terms and conditions that you ("User" or "you") apply in your access and use of the Planmeca Romexis® Smile Design software service ("Service") delivered online via website. The Service isoffered and operated by Planmeca Oy, a Finnish company located at Asentajankatu 6, 00880 Helsinki, Finland ("Planmeca" or "we"). By checking the "I have read the Privacy and Security Policy and agree on the Terms and Conditions including the transfer of my personal data" checkbox and completing the registration process you are stating that you are who you have presented yourself to us. If you do not agree on be bound by the terms and conditions of this Agreement, please do not use or access our Services. Planmeca does not verify the personality of the Users and makes no claims of about the correctness of any personal information describing the Users. This Agreement may be amended from time to time and Planmeca reserves right, at its sole discretion, to change or delete portions of this Agreement at any time without further notice. The changes will be binding with immediate effect on posting it on Planmeca's SmileDesing web site: www.planmeca.com/smiledesign/digital-smiledesign or by Planmeca alerting you with other similar ways. If you do not agree with any changes to this Agreement you may terminate the use of Service at any time by providing us with a written request of termination via e-mail or regular mail to the contact addresses provided below. By continuing the use of the Service you agree on the changes of this Agreement. In the event of termination of the Service User's access to the SmileDesign software shall immediately be disconnected together with the termination of the Service.
The Service is for health care professionals like dentists, oral or maxillofacial surgeons, periodontists, prosthodontists, endodontists, radiology centers and dental laboratories. By using this Service User especially agree that User will comply with all applicable laws and use the Service only for lawful purposes and expressly warrant that images and studies the User manage will be handled and utilised within, for and in the course of health care practice in accordance with applicable laws.
2. Description of the Service
Service is internet based transfer service for carrying out transaction of images, text or any metadata ("Data") between two natural persons each using an instance of Planmeca Romexis or Planmeca iRomexis software compatible with the Service. By using the Service medical professionals can transfer and temporarily store medical images and information related to them, and share these with other medical professionals who also have an account on the Service. Planmeca does not and cannot collect the medical information stored within Data. That information is encrypted using strong public-key encryption before it is uploaded to Service, with the exception of study date and time for the purpose of allowing users to communicate patient cases outside of Planmeca Romexis, and only decrypted by Users for viewing when it is on User's device. The Service shall not be used as an archival service for any Data. The User shall maintain an original copy of Data in their private systems. Downtime of the Service may be experienced due to maintenance breaks, system upgrades or other activities. Therefore the User shall not solely rely on the Service for time critical purposes.
3. Description of the Software
Software terms and conditions is specified in Planmeca Romexis Software Licence (the "Software").
4. Account information
In order to use the Service and order the Software the Users and/or Licensees have to create an account and complete a registration process. In order to register User and/or Licensee has to provide contact information so that we can stay in touch with the User and/or Licensee, and fulfill registration and order requests. To pay the ordered Services or Licence the User and/or Licensee also has to provide contact and billing information. This information is used for billing purposes. Regarding the handling of personal data please see our Privacy and Security Policy here. Each registered account for the Service and/or Software is personal and may not be shared between Users and/or Licensees. If you use the Service or Software, you are responsible to keep the confidentiality of your account and you agree to immediately inform Planmeca of unauthorised use of your account or any other breach of security.
5. Subscriptions, fees, payment and term of Service and Software
User agrees to a month to month contract term for Service unless otherwise agreed to in writing. The month to month contract for Service is automatically renewed each month in perpetuity subject to User's cancelling the contract under My Account or written cancellation by the User. Please carefully review Planmeca Online's cancellation policy set forth in the paragraph entitled "Cancellation".
Monthly Service Fees
Fees for Service ordered by the User shall begin on the date of the initial order and payment and are due in advance of the monthly payment cycle. All consecutive charges including Serviceand Software fees, one time fees, upgrades and additional services, if any,are due in advance of the monthly payment cycle and will be billed on the Anniversary Billing Date. The Anniversary Billing Date at Planmeca Online is the 1st day of each month. Service ordered after the normal Anniversary Billing Date will be pro-rated to the next anniversary date and billed as a one-time pro-rata charge. Your credit card will be charged under the payee "Planmeca Online". All charges are in Euros.
If you register on our website for a free trial subscription, Planmeca may make the Service available to you on a trial basis free of charge for a maximum of thirty (30) calendar days from the start date. At the conclusion of the free trial the subscription will continue as a paid recurring subscription and your credit card will be automatically charged. You may choose to cancel your free or paid subscription at any time according to these Terms and Conditions. During the free trial the Service and the Software is provided "as-is" without any warranty or liability thereof by Planmeca.
Upgrades ordered on the Anniversary Billing Date will be billed for a full month payment and will continue each month on the Anniversary Billing Date. Upgrades ordered after the normal Anniversary Billing Date will be pro-rated to the next anniversary date and billed as a one-time pro-rata charge. Future charges will appear as full monthly fees added to the Anniversary Billing Date.
Additional Service Fees
Additional services ordered on the Anniversary Billing Date will be billed for the full month service and will continue each month on the Anniversary Billing Date. Additional services ordered after the normal Anniversary Billing Date will be pro-rated to the next anniversary date and billed as a one-time pro-rata charge. Future charges will appear as full monthly fees added to the Anniversary Billing Date.
Usage-Based Service Fees
Planmeca Online may offer services, upgrades and additional services that are based on a usage-based fee. Your order confirmation will indicate the fee basis and unit price per each item ordered. Usage-based services will be billed on the Anniversary Billing Date in the amount accrued in the preceding month. Your invoice will indicate the quantity based on usage and the accrued amount that has been billed.
One Time Fees
One time fees, such as setup fees, administrative fees, bandwidth overages and late fees are due and payable at the time they are incurred, and agreed upon in writing or via ticket with approval.
7. Payment Method(s)
Payments at Planmeca Online can be made with Visa, Visa Debit, Visa Electron, MasterCard, and Debit MasterCard payment cards. Card payments can be performed online safely with the Payment Highway (Solinor Oy) SSL-secured payment form. Planmeca does not have access to cardholder data, and card information is not stored on our systems. Planmeca Online store uses the international Verified by Visa and MasterCard SecureCode authentication services, which verify the identity of the cardholder.
8. Cancellation of Service
The preferred method for cancellations is to use the Cancel feature found under My Account that results in an immediate termination of the Service. In case of written cancellation Planmeca Oy requires a three (3) day, i.e., 72 hours, written cancellation notice prior to the Anniversary Billing Date for discontinuance or downgrades of month to month services. Failure to supply the requisite three (3) days written notice of cancellation will result in a full billable monthly cycle prior to cancellation. Notice of written cancellation is preferred through E-mail to email@example.com. All User data remaining after the cancellation date may be destroyed for security and privacy reasons, unless otherwise required by law.
9. Refunds and Disputes
Service rendered by or Software ordered at Planmeca Online are non-refundable. This includes, but is not limited to: Software licence fees, setup fees, one time fees, monthly Service fees, upgrade fees, additional Service fees, administrative fees, and late fees. Customers seeking to resolve billing errors are instructed to E-mail to firstname.lastname@example.org. Customer agrees not to chargeback any credit card payments for Services rendered or Software ordered.
All payments are due in full on the Service Anniversary Billing Date . Failure to remit payment for Services on the monthly anniversary date is a violation of the Terms and Conditions. Failure to remit payment for seven (7) consecutive days, including the Anniversary Billing Date, shall result in a termination of access to the subscribed Services. Failure to remit payment for Services within seven (7) consecutive days, including the Anniversary Billing Date, all Services shall be reclaimed. All Customer data remaining after seven (7) days of non-payment may be destroyed for security and privacy reasons, unless otherwise required by law.
11. Account termination
This Agreement is valid until terminated by the User or Planmeca. The User can terminate the Agreement and his Planmeca Online account with immediate effect by notifying Planmeca in writing. Planmeca, in its sole discretion, reserves the right to to terminate the Service provided within thirty (30) calendar days from receipt of your payment for the Service. In same cases Planmeca may terminate the Agreement without any notice by closing your account, at any time and for any reason, including, without limitation: conduct that violates this Agreement or other policies and guidelines, conduct which Planmeca believes is harmful for other Users, Planmeca or its affiliates. In these cases Planmeca is not liable to refund the fee you have paid for the Services. Planmeca is not liable to the User or any third party for termination of the User's access to the Service. Upon termination of the Service the User's access to the Software shall simultaneously be disconnected. Should User wish to use any information or images created by using the Service, the User has to save all such information and images to its own private systems and servers as the Service and the Software cannot be used after the termination thereof. Planmeca does not guarantee the full use of such information or images after the termination of the Service.
12. No warranty and limitation of liability
To the extent permitted by the law Planmeca expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for particular purpose and non-infringement. Planmeca makes no warranty that the Service or Software will meet the User's requirements, or that the Service or Software will be uninterrupted, timely or error free. Planmeca makes no representations, warranties or guarantees, express or implied, regarding the accuracy, reliability or completeness of the content on the Service or Software. Planmeca makes no representation, warranty or guarantee that the content, images or other information that may be available through or uploaded to the Service are free from infection from any viruses or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage surreptitiously, intercept or expropriate any system, data or personal information. Planmeca gives no guarantee of the availability of Service. The User agree that Planmeca's entire liability, and the User's exclusive remedy, with respect to the Service or Software provided under this Agreement and any breach of this Agreement is to the extent permitted by law solely limited to the amount User paid for the Service or Software during the previous six (6) month's period. To the extent permitted by law Planmeca and Planmeca's contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use of the Service or Software, or for the cost of procurement of substitute Services or Software, including without limitation, loss of use, loss of profits, loss of business, interruption of Service or Software, or loss of data, whether in any action in contract, tort (including without limitation, negligence or strict liability) or otherwise, arising out of or in any way connected with the use of, or the inability to use the Service or Software, or any material, image or information contained in or accessed through the Service or Software.
The User shall indemnify, defend and hold harmless Planmeca, its officers, employees, affiliates and contractors from all liabilities, claims and expenses (including attorneys fees), arising out of or relating to the Service or Software provided under this Agreement or the User's use of the Service or Software, including without limitation from the violation by the User, or someone else using the Service or Software with the User's computer or credentials, of any of Planmeca's policy relating to the Service or Software provided.
14. Intellectual property rights
The contents of the Service or Software, including but not limited, to text, graphics, images, logos, software and the other material are protected by the applicable copyright, trademark and other laws of Finland. Planmeca grants the User the right to view and use the Service or Software with subject to this Agreement. User may download or print a copy of information provided by the service for User's internal use only. Any distribution, reprint or reproduction of the content in whole or part is expressly prohibited. The rights to the User's x-rays, images, comments or studies are owned by the User.
15. Governing law and jurisdiction
This Agreement shall be governed by and interpreted and enforced in accordance with the laws of the Finland without any reference to rules governing choice of laws. Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or validity thereof shall be finally settled by the district court of Helsinki, Finland. However, governing law and jurisdiction conditions relating to Software are stipulated in Software Licence.
Any notice, direction or other communication given under this Agreement shall be in writing and given by sending it via e-mail or via regular mail. E-mail notice shall be sent to you at the e-mail address you have provided in your registration application or as updated from time to time. Mail shall be sent to Planmeca at
and e-mail to the address
17. PLANMECA ROMEXIS SOFTWARE LICENCE
These terms and conditions apply to all Planmeca Romexis software and its versions purchased on this web site.
THIS DOCUMENT IS A LEGAL AGREEMENT BETWEEN YOU, AS THE <LICENSEE>, AND PLANMECA OY (THE <LICENSOR>) GOVERNING YOUR RIGHT TO USE THE PLANMECA ROMEXIS SOFTWARE (<SOFTWARE>). THIS SOFTWARE LICENSE AGREEMENT IS HEREAFTER REFERRED TO AS THE <AGREEMENT>, OR <SOFTWARE LICENSE>, AND YOU AND THE LICENSOR ALSO AS THE <PARTY>, OR TOGETHER AS <PARTIES>. IF YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS SOFTWARE LICENSE, PLEASE CHECK THE "I have read the Privacy and Security Policy and agree on the Terms and Conditions including the transfer of my personal data" CHECKBOX IN THE ORIGINATING PAGE IN WHICH CASE YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT CONSENT TO THIS SOFTWARE LICENSE, PLEASE PRESS CANCEL THE PROCESS BY CLOSING THE ORIGINATING PAGE.
Scope of the Software License
This Software License governs the use of the Software. Software means the software product specified above, and any related manuals, user and other documentation, computer programs, and information provided by Licensor, including new updates for the major version of the Software made available to licensees of such Software, if any.
Licensor hereby grants you a non-exclusive and non-transferable license to use during the term of this Software License the Software, in object code form only and in accordance with the terms of this Software License. You have no right to license or sublicense the Software and you are under the obligation to return the Software to Licensor upon the expiration or termination of this Software License. You are entitled to use each licensed Software only on a single computer or terminal in your own internal operations and, if necessary for use on such computer or terminal, to integrate it with another program, all portions of the program continuing to be subject to this Software License in full. Licensor shall not be held liable for any non-performance, interruptions in operation, or damages resulting directly or indirectly from an integration of the Software made by you, even if such integration was approved by Licensor. Should you, based on a separate agreement, receive any copy of the Software to upgrade a previous version of such Software such upgraded version of the Software shall be the only version you are entitled to use unless otherwise agreed and, unless expressly otherwise permitted by Licensor in writing in advance, you shall destroy or erase all program material and related documentation, including all copies and modifications, relating to the previous Software. You are granted no rights hereunder other than those expressly set out hereinabove and, consequently, all other activities related to the Software are prohibited. Such prohibited activities include but are not limited to (i) deleting, adding to, copying, duplicating, reproducing, modifying, integrating, transferring, assigning or conveying the Software or any part thereof, or any copy or merged portion thereof, in whole or in part, except as expressly provided for herein or authorized by Licensor in writing in advance, (ii) renting or leasing of the Software to another party, and/or (iii) offering management services based on Software to third parties without Licensor's prior written consent.
Ownership; Superior rights
You hereby expressly acknowledge and accept that Licensor and its software suppliers own throughout the world all right, title and interest in the Software, any copies thereof and all intellectual property rights contained or embodied therein including the ownership to any modifications or translations of the Software and that such ownership or rights shall not be transferred to you. With respect to any software of third party suppliers contained or to be contained in the Software, you acknowledge and accept the ownership of Licensor's suppliers hereunder and that Licensor's suppliers are direct and intended third party beneficiaries of this Software License with rights solely against you, including (without limitation), on reasonable prior notice to and consent of Licensor, the right to directly enforce and/or terminate your license to use the Software. Further, you agree that Licensor's suppliers have no liability or obligations towards you or third parties arising out of or in connection with this Software License. You shall execute any such amendments to this Software License as may be required from time to time in order to comply with terms and conditions of any of the Licensor's third party software suppliers. In addition to the above, separate terms of third party software license shall be applied, if such license terms have been separately specified.
The Software shall be delivered subject to all restrictions and protections provided for under the applicable copyright and other laws and treaties. Unless otherwise agreed by Licensor in writing in advance, you have no right to reproduce or otherwise duplicate the Software or any part thereof for any purpose or to allow any third parties to do the same without the prior written consent of Licensor. Notwithstanding the above, you may make one copy of the Software for back-up purposes if it is necessary for the use of the Software but you shall have no other right to copy the Software or allow it to be copied even for private purposes. Such copy and the media thereof shall contain the same copyright, trademark, and other proprietary and confidentiality notices, marks and/or legends etc. as the original and shall be subject to the same conditions as the original. You shall not remove, obliterate or cancel from view any Software identification, copyright notices or other notices, marks or legends or proprietary restrictions etc. from the Software.
You shall comply with all export and re-export restrictions and regulations imposed by the government of the United States or of the country to which the Software is shipped to you. You shall not commit any act or omission which will result in a breach of any such export requirements.
No Reverse Engineering
You shall not decompile, reverse assemble, disassemble or reverse engineer the Software or otherwise attempt to derive source code from the Software. When information of the internal structure of the Software is necessary in order to obtain interoperability of the Software with other software programs, you shall immediately contact Licensor.
The Software contains proprietary and confidential information of Licensor and its suppliers and is considered by Licensor and its suppliers to constitute valuable trade secrets. You shall not disclose, provide, or otherwise make available such trade secrets or copyright material, and shall hold the Software in confidence and protect the Software with at least the same degree of care with which you protect your own similar confidential information but in no event less than a reasonable standard of care. You shall ensure that your officers and employees shall protect the confidentiality of the Software and all confidential and non-public information relating thereto and shall not disclose such information to any third party. This obligation of confidentiality shall survive the termination of the Software License.
To the maximum extent permitted by applicable law, Licensor and its suppliers provide the Software <AS IS> and hereby disclaim all warranties and conditions, either express, implied, statutory or arising from a course of dealing, usage or trade practice, including, but not limited to, any (if any) implied warranties or conditions of merchantability, of fitness for a particular purpose, compatibility, of lack of viruses, of accuracy or completeness of responses, of results, and of lack of negligence or lack of workmanlike effort, all with regard to the Software and any part thereof, and the provision of or failure to provide support services, all of which are excluded. There is also no warranty or condition of correspondence to description, or non-infringement with regard to the Software or any part thereof. Licensor makes no representations concerning the quality of the Software and does not promise that the Software will be error-free or will operate without interruption. You shall bear the entire risk as to the quality or compatibility of or arising out of use or performance of the Software.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Licensor or its suppliers be liable for any actual or special, incidental, direct, indirect, consequential or punitive damages whatsoever (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the Software by any person, the provision of or failure to provide support services, or otherwise under or in connection with any provision of this Software License even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of Licensor or any of its suppliers, and even if Licensor or any of its suppliers has been advised of the possibility of such damages. In no event shall the Licensor or its suppliers' liability to you, whether in contract, tort (including negligence), or otherwise exceed the price paid by you.
You shall carry and maintain paid up policies for adequate products liability insurance, with Licensor identified as an additional insured, and you shall provide the Licensor with proof of all such insurance, copies of all such policies, and any renewals thereof at Licensor's request.
Term and termination
Your license to use the Software shall commence upon the execution of this Software License, and shall thereafter remain in effect until terminated, as set forth herein. If you fail to pay any monies or provide any services due in connection with the Software, or violate any term or condition of this Software License, this Software License will terminate without any notice from the Licensor. Immediately upon termination, you shall destroy or return to Licensor all copies of all and any part of the Software in your possession or under your control. You shall have no right to keep or use any copy of the Software and related documentation for any purpose after termination of this Software License. Upon termination by Licensor or its suppliers of this Software License, you shall, within two (2) business days thereafter, certify to Licensor that in accordance with instructions from Licensor or its suppliers, all copies of the Software have been either destroyed or returned to Licensor, whether same is in tangible or intangible form and you shall further certify that all use thereof is and shall remain terminated. You also may terminate this Software License by giving notice of termination to Licensor and destroying or returning to Licensor all copies of all and any part of the Software in your possession or under your control. You shall be liable to pay any monies due until the date of termination. No payment made by the date of termination shall be returned.
Applicable Law and Jurisdiction
This Software License shall be construed, governed by and interpreted in accordance with the laws of Finland, excluding the UN Convention on Contracts for the International Sale of Goods. Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or validity thereof shall be finally settled by arbitration in accordance with the Rules of the Arbitration Institute of the Central Chamber of Commerce of Finland by one (1) arbitrator to be agreed upon by the Parties within thirty (30) days of receipt by the other Party of a Party's request for arbitration and appointment of the arbitrator. Failing such agreement by the Parties within the contemplated period of thirty (30) days, the sole arbitrator shall be appointed by the Institute. The arbitration shall take place in Helsinki, Finland, and the procedure shall be conducted in English. Notwithstanding the foregoing, Licensor and its suppliers shall have the right, but not the obligation, to undertake legal proceedings in a court of your domicile, principal place of business or other appropriate court to: (i) settle any issue or dispute arising out of or relating to monies due by you to Licensor; (ii) protect or enforce any patent, trademark, copyright or other intellectual property right, confidential information or trade secrets; or (iii) proceed with litigation commenced by a third party.
You may not assign this Software License or any rights under it and may not delegate any duties under this Software License without Licensor's prior written consent. Any attempt to assign or delegate without that consent will be void. This Software License (together with license terms of third party suppliers of Licensor, if any) constitutes the entire agreement with respect to the subject matter hereof between you and the Licensor and supersedes all previous oral or written communications or agreements relating to the same. This Software License may be modified only by a written instrument expressly agreed to by the parties hereto. The failure of Licensor to enforce any provision of this Software License shall not be considered a waiver of any subsequent breach of that provision or as a waiver of any other provision hereof. If any portion hereof is found to be illegal, invalid, void or unenforceable, the remaining provisions of this Software License shall remain in full force and effect. Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.