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Terms of use

1. General Provisions

1.1. Dentacasa LLC, a Wyoming limited liability company headquartered in the United States ("Dentacasa"), provides software tools designed for dental clinics and their representatives. These tools help manage treatment plans, schedule appointments, track stock and materials, coordinate across multiple clinic locations, and communicate securely with patients via a dedicated portal (collectively, the “Services”).

1.2. Use of the Services is governed by these Dentacasa Terms of Use (the “Terms”), any applicable order forms or agreements (each an “Order Form”), our Privacy Policy, Data Processing Agreement (the “DPA”), and any other rules or policies published on the Dentacasa website from time to time (together, the “Agreement”). The Agreement outlines your rights and responsibilities in using the Services and how your account will be handled while you remain a Customer.

1.3. “Order Form” refers to any online or written form issued by Dentacasa to confirm your initial or additional purchase of the Services. Each Order Form becomes part of the Agreement and is subject to these Terms. In case of conflict between an Order Form and these Terms, the Terms will prevail unless explicitly stated otherwise.

1.4. In this Agreement, “Customer” (or “you”) refers to a person or legal entity that subscribes to the Services for business or professional purposes, excluding any use for personal, family, or household reasons.

1.5. Dentacasa and the Customer are collectively referred to as the “Parties” and individually as a “Party.”

1.6. Each Party represents and warrants that it has the legal authority to enter into and fulfill this Agreement, and that doing so will not breach any existing legal obligations or contracts.

2. Services and Support

2.1. The Services are provided through Dentacasa’s website, accessible at www.dentacasa.com (the “Website”).

2.2. To use the Services, you must have a stable internet connection and a modern web browser (e.g., the latest version of Microsoft Edge, Mozilla Firefox, Apple Safari, or Google Chrome). While the Services may function on other browsers, Dentacasa does not guarantee performance or compatibility.

2.3. Dentacasa makes no guarantee that patient-facing communications, notifications, or interface elements will render properly across all devices or email clients, as these depend on third-party platforms beyond Dentacasa’s control.

2.4. Subject to the Agreement, Dentacasa grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable, worldwide license to access and use the Services solely for your internal business operations. Your subscription is not contingent on future features or service enhancements.

2.5. You may authorize representatives or personnel (“Authorized Users”) to use the Services on your behalf. You remain fully responsible for their actions and compliance with the Agreement.

2.6. You agree not to, and will not permit any Authorized User or third party to:

  • Modify, reverse engineer, or create derivative works of the Services;

  • Rent, sublicense, or distribute the Services;

  • Bypass security mechanisms or access the source code;

  • Use the Services in competition with Dentacasa;

  • Infringe on Dentacasa’s intellectual property rights;

  • Attempt unauthorized access to the Services or associated data;

  • Use the Services in violation of any applicable laws or this Agreement. Dentacasa may monitor usage to ensure compliance.

2.7. You are responsible for setting up and maintaining access to the Services, including any required internet access, devices, or software. Any setup assistance provided by Dentacasa is not legal advice.

2.8. Dentacasa may suspend or restrict your access to the Services without liability if:

  • You violate laws or the Agreement;

  • Your use causes risk, security concerns, or harm to others;

  • Payment is overdue by more than 15 days;

  • Required by court or governmental order. Dentacasa will make reasonable efforts to notify you and help resolve the issue.

2.9. Dentacasa may update the Services with new features or improvements. Some enhancements may require additional fees.

2.10. You are expected to review and follow any available documentation and tutorials provided on the Website. For further assistance, you may contact Dentacasa support.

2.11. If Dentacasa assists with setup or onboarding (e.g., importing data, clinic configuration), your cooperation is required to meet deadlines. Dentacasa is not responsible for delays caused by your inaction, and your payment obligations remain unaffected.

3. Requirements for the Customer and Authorized Users

3.1. To use Dentacasa, you and any Authorized User must:

  • Be at least eighteen (18) years old and legally capable of entering into a binding agreement;

  • Complete the registration process as instructed on the Website;

  • Accept and agree to the terms of the Agreement;

  • Provide accurate, complete, and current legal and contact information. If you register on behalf of a company or other legal entity, you represent and warrant that you are authorized to do so.

3.2. By using the Services, you confirm that you are acting on behalf of a business or professional entity, and that you will use the Services solely for business purposes—not for personal, household, or consumer use.

3.3. You further represent and warrant that you meet all the above requirements and will not use the Services in violation of any applicable laws or regulations. Dentacasa reserves the right to refuse service, suspend or terminate accounts, or change eligibility requirements at its sole discretion.

4. Agreement Term

4.1. The term of this Agreement (the “Agreement Term”) begins when you first register for or begin using the Dentacasa Services and continues until either you or Dentacasa terminates the Agreement in accordance with its terms. By clicking the registration button and providing your business details, you acknowledge and agree that you are entering into a legally binding agreement with Dentacasa.

5. Account and Password

5.1. The Services are accessed through a dedicated account on the Website, which requires the Customer to create a unique user ID (email) and password. Each Customer is associated with a distinct account.

5.2. The Customer is solely responsible for maintaining the confidentiality and security of its user ID (email), password, and all account-related information. The Customer must take reasonable measures to prevent unauthorized access to or use of the Services. The Customer assumes full responsibility for all activities that occur under its account. If the Customer suspects any unauthorized access or breach of security, it must notify Dentacasa immediately at support@dentacasa.com, and no later than twenty-four (24) hours after discovery.

5.3. If the Customer provides false, incomplete, or inaccurate information, Dentacasa may, without prior notice, take any of the following actions: (i) deny registration; (ii) cancel an existing registration; (iii) suspend or restrict access to the Services; or (iv) delete Customer-related data.

5.4. The Customer is solely liable for any loss, damages, or liability resulting from compromised credentials, including lost, stolen, or hacked user IDs or passwords.

5.5. For security reasons, Dentacasa does not have access to your current password. If needed, we may assist you by resetting it.

6. Charges and Payments

6.1. Dentacasa offers both free (“Free plan”) and paid plans (e.g., “Premium plan” and “Custom plan”). All plans are provided on a per-account basis. Detailed descriptions of plan features and pricing are available on the Website.

6.2. All fees for paid Services (“Charges”) are published on the Website or specified in the applicable Order Form. By using paid Services, you agree to pay these Charges in accordance with these Terms. All Charges are non-refundable unless otherwise required by law.

6.3. The Services operate on a prepaid subscription basis, with payments due every thirty (30) days. Unless explicitly canceled before the start of a new billing cycle, your subscription will automatically renew.

6.4. You are responsible for ensuring payment of Charges no later than fifteen (15) days after the beginning of each new billing period.

6.5. When using paid Services, you must provide valid credit or debit card details (the “Card”) to Dentacasa’s authorized third-party payment processor and authorize automatic deductions of Charges. You are responsible for keeping Card information up to date. You confirm you are authorized to use the provided Card and agree that Charges may be billed to it. If a transaction fails, we may retry multiple times within a few days. Consecutive retries do not affect your renewal date. No Card is required for Free plan users.

6.6. If a payment attempt fails, paid features will be suspended, and your account downgraded to the Free plan until payment is successfully processed.

6.7. If payment issues are not resolved, Dentacasa may suspend paid features or terminate your account and this Agreement for non-payment.

6.8. You must notify Dentacasa of any billing disputes within fourteen (14) days of the billing date. Disputes raised after this period will be waived. Late payments will accrue interest at 1.5% per month or the maximum rate permitted by law, whichever is lower. If collection efforts are required, you agree to cover all associated legal and administrative costs. Invoiced amounts must be paid within fifteen (15) days of issuance.

6.9. If you exceed your usage limits, your account may be automatically upgraded to a higher-tier plan in the next billing cycle. You may also upgrade manually at any time.

6.10. Dentacasa reserves the right to introduce or discontinue Services and adjust Charges. You will be notified of any pricing changes at least thirty (30) days in advance. Continued use after the effective date constitutes acceptance of the new Charges, unless you cancel your subscription prior to that date.

6.11. All Charges are calculated in U.S. Dollars (USD) unless otherwise specified. Prices in other currencies (e.g., EUR) are for convenience only and may vary based on exchange rates.

6.12. You are solely responsible for any applicable taxes, unless Dentacasa is required by law to collect and remit them. You agree to report and pay such taxes to your local tax authorities.

6.13. You may resell the Services only if you have entered into a formal written reseller or partner agreement with Dentacasa.

6.14. All payment processing is handled by Stripe, a PCI-DSS compliant third-party service. Dentacasa does not store or process cardholder data directly. All credit and debit card information is securely transmitted to and stored by Stripe in accordance with their privacy and security policies.

7. Termination and Inactivity

7.1. Except as otherwise specified in an Order Form, either you or Dentacasa may terminate this Agreement at any time, for any reason, by providing notice to the other Party. Termination results in the deactivation of your account and loss of access to any subscribed Services. You must cancel your subscription explicitly—either through your account on the Website or by notifying support@dentacasa.com—prior to the next billing date. If not canceled, your subscription will auto-renew and the associated Charges will apply. In such a case, all subscribed Services, including data import, storage, processing, and access to features, will continue until the end of the paid billing period. If you maintain multiple accounts, you must cancel each one separately.

7.2. Dentacasa reserves the right to terminate the Agreement immediately if: (i) you violate any provision of these Terms, or demonstrate intent or inability to comply with them; (ii) termination is required by law or regulatory order; (iii) continuing to provide Services is no longer commercially viable in Dentacasa’s judgment; or (iv) Dentacasa decides to discontinue the Services in whole or in part.

7.3. Upon termination or expiration of this Agreement for any reason: (i) all rights, access, and licenses granted to you will immediately terminate (except for any accrued payment obligations, which will survive); (ii) each Party must return or destroy all Confidential Information of the other; and (iii) Dentacasa will permanently delete all Customer data, including any patient data, clinic communications, or other stored information associated with your account, and other information associated with your account.

7.4. If you do not log in to your account for a period of four (4) months, Dentacasa may consider the account “inactive” and permanently delete it, along with all associated data.

7.5. If your account is terminated by Dentacasa due to a violation of these Terms or applicable law, you will not be entitled to a refund for any prepaid, unused portion of the Services.

7.6. Dentacasa reserves the right to charge a reactivation fee if you request reactivation of an account that was deactivated due to prolonged inactivity or a violation of the Agreement.

8. Intellectual Property Rights

8.1. Unless otherwise agreed in writing, all software, the Services, and all associated intellectual property rights are the sole and exclusive property of Dentacasa. Subject to full payment of all fees due, Dentacasa grants you a non-exclusive, non-transferable, non-sublicensable, revocable, worldwide, limited license to use the Dentacasa content—such as any audio, visual, textual, or interactive materials—solely in connection with your use of the Services. You may not copy, publish, distribute, perform, or display this content outside of your intended use within the Services. No rights are granted to you beyond this limited license.

8.2. You retain ownership of all content you provide to Dentacasa (“Customer Content”). You grant Dentacasa a non-exclusive, worldwide, revocable, limited, fully paid-up license to use the Customer Content solely to deliver and support the Services. Dentacasa will not claim ownership of your Customer Content.

8.3. Any user guides, documentation, or materials provided by Dentacasa (“Documentation”) are the sole property of Dentacasa. You may use such Documentation only in connection with your permitted use of the Services.

8.4. You agree not to: (i) reverse engineer, decompile, or attempt to discover the source code of the Services or any Dentacasa software; (ii) remove proprietary notices from the software or Services; (iii) modify, replicate, or create derivative works; (iv) sublicense, distribute, or transfer rights to the Services; (v) introduce scripts or automation tools to exploit or mine the Services; (vi) run benchmarks or publish performance data without written consent; (vii) use the Services in violation of export control or other laws; or (viii) use the Services to store or transmit harmful, infringing, or unlawful content. Dentacasa reserves all rights not explicitly granted.

8.5. You may only use the Services for your internal business operations. You may not use the Services for the benefit of any third party unless expressly permitted.

8.6. All Dentacasa trademarks, logos, and branding elements (collectively, “Marks”) are protected intellectual property owned by Dentacasa or its licensors. You may not use Dentacasa’s Marks in advertising, marketing, or public communications without prior written consent and in accordance with any provided brand guidelines. Use of the Services does not transfer any ownership rights to you.

8.7. Any suggestions, feedback, or ideas you provide (“Feedback”) become the sole property of Dentacasa. You irrevocably assign all rights in such Feedback to Dentacasa, while retaining the right to use it independently in your own business. Dentacasa may incorporate Feedback into its products and Services without obligation or compensation.

9. Services Integration Terms

9.1. If you integrate Dentacasa Services with your own clinic website or patient portal (“Connected Site”), you acknowledge that certain features may require technical elements—such as JavaScript snippets or secure iframes—to be embedded. These are used solely to support functionality such as appointment booking, treatment plan approvals, or secure document display.

9.2. You are responsible for understanding how such embedded components affect your Connected Site and for ensuring that any use of tracking technologies or cookies (if applicable) is disclosed to your users, in compliance with all applicable privacy and data protection laws.

9.3. If you embed any Dentacasa-powered components on your Connected Site, you represent and warrant that:

  • (i) you have obtained all required permissions and consents from your website visitors, and

  • (ii) your website includes a privacy policy or cookie notice that accurately reflects such integrations.

9.4. Dentacasa may update or modify integration code or embed behavior at any time to maintain system compatibility, improve security, or add functionality. You are responsible for ensuring that such updates do not interfere with your site or introduce conflicts.

9.5. Dentacasa does not use third-party tracking pixels, advertising scripts, or marketing automation cookies. The system is intended solely for professional clinic use, not for promotional analytics or advertising.

9.6. If you use any publicly embedded Dentacasa forms (e.g., contact, intake, or approval forms), you are solely responsible for ensuring that they are accessible, legally compliant, and function correctly in your website environment. Dentacasa provides such tools as-is and is not liable for any integration failures or legal violations related to accessibility, consent, or data collection.

10. Privacy Policy and Processing of Personal Data

10.1. Dentacasa acts as a Data Controller for personal data provided by the Customer during registration and for account management, billing, and analytics purposes.

10.2. Dentacasa acts as a Data Processor on behalf of the Customer for any patient-related personal data uploaded, entered, or otherwise processed through the Services. This processing is governed by the Data Processing Agreement (DPA), which is hereby incorporated into this Agreement by reference.

10.3. Dentacasa complies with applicable data protection laws, including the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA). Full details on our data processing practices, security measures, and rights of data subjects are outlined in our Privacy Policy, which is published on our Website. We may update the Privacy Policy from time to time, and such updates shall become effective upon publication.

10.4. The Customer is solely responsible for ensuring that it has obtained all necessary consents and lawful bases for the processing of any personal data entered into the Services. The Customer must ensure that such data collection and use do not infringe on the rights or freedoms of data subjects and comply with all applicable laws and regulations.

10.5. Dentacasa does not provide tools for bulk messaging, email marketing, or promotional communications. The Services are intended solely for direct patient communication related to care, consent, or treatment. Use of the Services to send unsolicited messages, marketing content, or mass communications is prohibited.

10.6. Dentacasa reserves the right to suspend or terminate the Services with immediate effect if we determine, at our reasonable discretion, that your use of the Services violates applicable law, infringes on third-party rights, or breaches this Agreement. Dentacasa will make commercially reasonable efforts to provide written notice and offer the opportunity to resolve such issues where feasible.

10.7. Email communications to Customers and Authorized Users (e.g., onboarding instructions, account alerts, security notices) are sent via a third-party email delivery provider, MailerSend. For patient-facing messages (e.g., treatment plan notifications), Dentacasa acts solely as a technical facilitator on behalf of the clinic. Such messages are initiated and authorized by the clinic, not by Dentacasa.

11. Patient or Product Review Functionality

11.1. Dentacasa may provide functionality for collecting and displaying product or service reviews from patients or users (“Reviews”). This tool is intended to help clinics improve transparency, showcase service quality, and strengthen patient trust.

11.2. You are responsible for ensuring that any reviews collected or imported into the system (e.g., from past feedback records or other platforms) are used lawfully and with appropriate rights and consent from the original authors, if applicable.

11.3. Clinics may respond to reviews using the tools provided in the platform. All responses must remain respectful, non-abusive, and may not contain promotional or unsolicited messages.

11.4. Reviews displayed through the platform, including content, star ratings, patient initials or display names, and replies, must be presented truthfully and must not be misleading. You are responsible for accurately reflecting average review scores if presented publicly.

11.5. Dentacasa does not guarantee search engine visibility (e.g., in Google reviews or snippets). Display of reviews outside the platform depends on third-party indexing and SEO practices beyond Dentacasa’s control.

11.6. If you request patient feedback (e.g., after a completed treatment), you must ensure such communication complies with applicable laws, including consent requirements under GDPR, HIPAA (if applicable), or local health data regulations.

11.7. Any use of review content in external communications (e.g., on websites or marketing materials) must comply with your privacy policy and applicable advertising standards.

11.8. You are responsible for ensuring compliance with applicable consumer protection and transparency laws (e.g., the EU Omnibus Directive, GDPR, U.S. Consumer Review Fairness Act). You must clearly disclose how reviews are collected, verified, and whether any moderation or filtering occurs.

11.9. Dentacasa is not liable for the accuracy, content, or legal consequences of any reviews submitted, displayed, or reused by you. The clinic remains solely responsible for handling any disputes or legal issues arising from review content.

11.10. By using the review functionality, you accept these terms and agree to use the tools in a manner that supports ethical and legally compliant review practices.

11.11. The review functionality is currently offered free of charge. Dentacasa reserves the right to introduce additional pricing for this feature in the future with prior notice.

11.12. For full guidance and best practices regarding use of the review functionality, please visit the Dentacasa Website.

12. Storage and Security

12.1. Dentacasa processes and stores Customer and patient-related data using secure infrastructure provided by a third-party hosting provider (the “Hosting Provider”). We will not migrate data to a new region or hosting provider without prior notice, unless required by law or urgent security reasons. Any such change will not materially degrade the security or availability of the Services.

12.2. Dentacasa implements commercially reasonable technical and organizational measures designed to protect Customer data from unauthorized access, loss, or alteration while under Dentacasa’s control. These measures are consistent with industry best practices and data protection regulations, including GDPR.

12.3. Dentacasa maintains and periodically tests disaster recovery and business continuity plans to minimize the risk of data loss or service disruption. Testing is performed in a manner that avoids material disruption to Customers.

12.4. Customer data is hosted by a reputable third-party Hosting Provider. Where legally permitted, Dentacasa may, upon written request, provide relevant security certifications or third-party audit summaries issued for the Hosting Provider (subject to applicable non-disclosure requirements).

12.5. Dentacasa takes platform security seriously. If you discover a vulnerability or potential security issue, please report it promptly to security@dentacasa.com. We will investigate and respond within 72 hours. Responsible disclosure is appreciated and encouraged.

13. Third-Party Products and Services

13.1. The Services may integrate with or depend on data from third-party platforms, software, or tools (“Third-Party Services”) connected by the Customer. Any relationship, transaction, or data exchange between the Customer and such third parties is solely between those parties.

13.2. Dentacasa may collect and process data from authorized Third-Party Services to support the functionality of the platform. However, Dentacasa does not control or assume responsibility for the accuracy, availability, legality, or reliability of any third-party data, tools, or integrations.

13.3. Dentacasa is not liable for any errors, omissions, or damages arising from the Customer’s reliance on Third-Party Services, nor for any disruption to the Services caused by the suspension, malfunction, or termination of those third-party connections.

13.4. Termination or suspension of the Customer’s access to any Third-Party Service does not terminate this Agreement. It is the Customer’s responsibility to maintain valid access and permissions to any external services integrated with Dentacasa.

14. DATA CONSENT AND USAGE RULES

14.1. You are solely responsible for ensuring that any personal data, including patient-related data, input or uploaded into the Services has been lawfully collected, with appropriate consents where required, and in accordance with applicable data protection laws such as the GDPR, CCPA, or equivalent local regulations.

14.2. You may not use the Services to send unsolicited, promotional, or unlawful communications, including spam, advertisements, or mass outreach messages. Dentacasa does not provide functionality for bulk email marketing or SMS campaigns, and the Services are not designed for such use.

14.3. Any use of the Services to store or transmit communications to data subjects (patients, employees, or other individuals) must comply with applicable laws concerning consent, disclosure, and communication preferences. You must provide opt-out mechanisms where required and must cease communication upon any such request.

14.4. You are prohibited from using the Services to:

  • Upload purchased, rented, or harvested contact lists;

  • Add recipients to communication workflows without verifiable consent;

  • Use contact data that is outdated or lacks consent within the previous 12 months;

  • Send content that is unrelated to the clinical context of the communication.

14.5. Dentacasa does not monitor or validate any messages, reminders, or notifications sent by you through the system. You are solely responsible for compliance with all applicable laws regarding communication practices, including opt-in and opt-out procedures, sender identification, and content legality.

14.6. If required by law, you must include in your communications:

  • Clear sender identification;

  • The purpose of the message;

  • A physical address;

  • A functional and easy opt-out method.

14.7. Dentacasa may suspend or restrict access to the Services if it reasonably suspects a violation of data protection or anti-spam laws, or misuse of any communication functionality.

15. CONTENT COMPLIANCE RULES

15.1. You may not use the Services to upload, store, or transmit any content that is illegal, harmful, obscene, defamatory, threatening, or otherwise inappropriate. This includes, but is not limited to, content related to nudity, gambling, unauthorized software, malicious code, or the sale of fake accounts or social media engagement.

15.2. All content uploaded to or communicated through the Services must be relevant to your legitimate clinical or operational use and must comply with applicable laws, ethical standards, and Dentacasa’s acceptable use policies.

16. LIMITATION OF LIABILITY

16.1. To the fullest extent permitted by applicable law, you agree to assume full responsibility for any losses or damages arising from your use of the Services. Dentacasa shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to lost profits, loss of data, or business interruption, even if advised of the possibility of such damages. In no event shall Dentacasa’s aggregate liability for any claims related to the Services exceed the amount paid by you for the Services in the calendar month immediately preceding the event giving rise to the claim. No claim may be brought by either Party more than twelve (12) months after the cause of action arises. Nothing in this Agreement excludes or limits liability to the extent such exclusion or limitation is prohibited by law, including liability for fraud or for death or personal injury resulting from negligence.

16.2. You acknowledge that Dentacasa does not control and is not responsible for the transmission of data over the Internet or other communication networks. Accordingly, Dentacasa shall not be liable for delays, delivery failures, corruption of data, or any other damage resulting from issues inherent in the use of such networks or beyond Dentacasa’s reasonable control.

16.3. The Parties acknowledge that the limitations of liability in this section form an essential basis of the bargain and allocation of risk under this Agreement.

17. REPRESENTATIONS AND WARRANTIES

17.1. To the fullest extent permitted by law, the Services are provided “as is” and “as available,” without warranties of any kind, whether express, implied, statutory, or otherwise. Dentacasa disclaims all implied warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or availability. Dentacasa does not warrant that the Services will meet your specific needs or expectations, or that the Services will operate uninterrupted, securely, or error-free. The Services are intended to support, not replace, your own professional judgment and decision-making in a clinical or business context.

17.2. From time to time, the Services may experience downtime, whether scheduled or unplanned. While Dentacasa strives to ensure availability, we shall not be liable for:

17.2.1. Temporary or permanent unavailability, interruptions, or degradation in performance caused by factors outside our control;

17.2.2. Loss or corruption of Customer data, unless due to Dentacasa’s gross negligence or willful misconduct;

17.2.3. Retention or retrieval of Customer data after termination of the Services, unless otherwise agreed in writing.

17.3. Dentacasa cannot guarantee that files, data, or code available through the Services are free of viruses, malware, or other harmful components. You assume all risks associated with downloading, accessing, or using any such content, and you release Dentacasa from any liability related to the resulting impact on your systems or data.

17.4. Each Party represents and warrants that: (i) it is a duly formed and validly existing legal entity in good standing under the laws of its jurisdiction; (ii) it has full power and authority to enter into this Agreement; and (iii) this Agreement constitutes a legal, valid, and binding obligation enforceable in accordance with its terms.

18. INDEMNITY

18.1. You (“Customer”) agree to indemnify, defend, and hold harmless Dentacasa, its affiliates, officers, directors, employees, licensors, and agents from and against any and all third-party claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or related to:

  • (a) your use of the Services in violation of this Agreement or any applicable law;

  • (b) any content or data submitted by you or your Authorized Users through the Services;

  • (c) any infringement or misappropriation of third-party rights, including intellectual property or privacy rights, caused by your content or use of the Services; or

  • (d) your gross negligence or willful misconduct.

18.2. Dentacasa’s obligation to be indemnified is conditioned upon:

  • (i) prompt written notice to you of any claim;

  • (ii) Dentacasa granting you sole control of the defense and settlement of the claim (provided you do not settle any claim without Dentacasa’s prior written consent if such settlement imposes any obligation on Dentacasa); and

  • (iii) Dentacasa providing reasonable cooperation, at your expense, in defending the claim.

19. LIQUIDATED DAMAGES

19.1. Certain breaches of these Terms may result in damages that are difficult to quantify. In such cases, the following liquidated damages represent a reasonable pre-estimate of Dentacasa’s losses and are not intended as a penalty:

19.1.1. If you use the Services in a way that violates applicable laws or this Agreement (including unlawful use of patient data or sending unauthorized messages), liquidated damages of €1,100 will apply per violation.

19.1.2. If you upload or distribute prohibited content using the Services (e.g., obscene, defamatory, or illegal material), liquidated damages of €900 will apply per violation.

19.1.3. If you misuse Dentacasa’s infrastructure (e.g., hosting unrelated media files or abusing system resources), liquidated damages of €550 will apply per occurrence.

20. Equitable Relief

20.1. If you violate this Agreement, we may seek injunctive or other equitable relief from a court of law to stop further violations.

21. Disclaimers

21.1. We are not responsible for the behavior, content, or actions of any third parties, including advertisers, linked websites, or other Customers.

22. Assignments

22.1. You may not assign or transfer any of your rights or obligations under this Agreement without our prior written consent. We may assign our rights or obligations at our discretion.

23. Choice of Law and Jurisdiction

23.1. This Agreement shall be governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict of law principles.

23.2. All disputes arising out of or relating to this Agreement shall be submitted to the exclusive jurisdiction of the state or federal courts located in Wyoming, United States.

24. Force Majeure

24.1. Neither Party shall be held liable for any delay or failure in performance due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, embargoes, labor disputes, governmental orders, or internet or utility service interruptions. The affected Party must resume performance as soon as reasonably practicable and must mitigate any resulting impact.

25. Survivability and Amendment of the Terms

25.1. As the Services evolve, Dentacasa reserves the right to unilaterally amend these Terms at any time.

25.2. Dentacasa will notify the Customer of any amendments to the Terms by email or via the Customer’s account. Amendments will take effect thirty (30) days after such notice is given.

25.3. By continuing to use the Services after the effective date of any amendments—including renewing a subscription, ordering new Services, or logging into the platform—the Customer confirms acceptance of the amended Terms.

25.4. Any Services ordered before an amendment will continue to be governed by the Terms in effect at the time of the order, unless otherwise agreed.

26. Severability

26.1. If any part of this Agreement is determined to be invalid or unenforceable, that part will be limited or eliminated to the minimum extent necessary, and the remainder of the Agreement will remain in full force and effect.

27. Amendments and Waiver

27.1. No change to this Agreement will be effective until Dentacasa posts revised Terms on the Website or otherwise communicates them in writing as specified in Section 25.

27.2. Dentacasa may also provide prior notice of amendments at least five (5) days before posting by email to the address provided by the Customer during registration.

27.3. If you have a separate written agreement with Dentacasa (a “Written Agreement”), that agreement will take precedence in the event of a conflict. For all matters not addressed in the Written Agreement, these Terms shall apply.

27.4. Any failure by Dentacasa to enforce a provision of this Agreement shall not constitute a waiver of that or any other provision, and shall not limit Dentacasa’s right to enforce that provision at a later time.

28. Notification of Security Breach

28.1. In the event of a security breach that may affect you or your authorized users, Dentacasa will notify you without undue delay and describe the nature of the breach, the affected data (if known), and any recommended actions.

28.2. If Dentacasa determines that you are legally or contractually required to notify any individuals or parties affected by the breach, you agree to do so promptly and at your own expense, unless otherwise agreed in writing.

29. Notices

29.1. Dentacasa may send notices to you using the email address or phone number provided during registration or through other reasonable means of communication.

29.2. Notices to Dentacasa must be sent to support@dentacasa.com and will be effective only when received. For legal matters, you may also be required to send a copy to Dentacasa’s legal counsel (upon request).

29.3. The presence of a copy of an email or message sent to the Customer on Dentacasa’s servers shall serve as valid proof of delivery.

30. Marketing

30.1. You agree that Dentacasa may use your name, logo, and brand marks for marketing and promotional purposes, including on the Dentacasa website and in presentations or materials identifying you as a customer.

30.2. Such use does not imply endorsement of Dentacasa by you or certification of your services or content by Dentacasa.

31. Confidentiality

31.1. Each Party (the “Receiving Party”) agrees to maintain in strict confidence all non-public, proprietary, or confidential information disclosed by the other Party (the “Disclosing Party”) that, under the circumstances of disclosure, reasonably should be understood to be confidential (“Confidential Information”). The Receiving Party will not use any Confidential Information for any purpose outside the scope of the Agreement, and will not disclose such information to any third party without the Disclosing Party’s prior written consent, except as otherwise permitted herein. Confidential Information does not include information that: (i) was publicly available at the time of disclosure or subsequently becomes publicly available through no fault of the Receiving Party; (ii) was known to the Receiving Party prior to disclosure by the Disclosing Party; (iii) was received from a third party lawfully in possession of such information and not under an obligation of confidentiality; or (iv) was independently developed by the Receiving Party without use of or reference to the Disclosing Party’s Confidential Information.

31.2. Dentacasa may disclose Customer’s Confidential Information to third parties only on a need-to-know basis in connection with the performance of the Agreement or to enforce its rights under the Agreement, and provided such third parties are bound by confidentiality obligations at least as protective as those set forth herein.

31.3. If the Receiving Party is required by law, subpoena, or court order to disclose any Confidential Information, it may do so provided that (unless prohibited by law) it gives the Disclosing Party prompt written notice and a reasonable opportunity to object or seek a protective order. The Receiving Party shall disclose only that portion of the Confidential Information which it is legally required to disclose.

32. Relationship of the Parties

32.1. The Parties are independent contractors. Nothing in the Agreement shall be construed to create a partnership, joint venture, agency, or employment relationship between the Parties. Neither Party has authority to bind or obligate the other in any way.

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