Remedico Services
Terms of Use

Last update: April 6, 2023

These Terms of Use contain the terms and conditions that govern the use of our Platform and Remedico Dentaverse and all content, services and/or products available on or through the Platform and Remedico Dentaverse (collectively, the “Remedico Services”). Please note that these Terms of Use do not govern the use of Website, please refer to Website Terms of Use.


The Remedico Services are offered to you subject to your acceptance, without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, our Privacy Policy), and procedures that may be published from time to time on the Platform or made available to you on or through the Remedico Services (collectively, the “Terms”). When accepted by you (as defined below), these Terms form a legally binding contract between you and Remedico (as defined below). If you are entering into these Terms on behalf of an entity, such as your employer or the company you work for, you represent that you have the legal authority to bind that entity.


PLEASE READ THESE TERMS CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, AND/OR OTHERWISE USING THE REMEDICO SERVICES, THE CLIENTS AND USERS ACKNOWLEDGE THAT THEY HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF THE CLIENT AND USERS DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT ACCESS, BROWSE OR OTHERWISE USE THE PLATFORM OR THE REMEDICO SERVICES.


Remedico may, in its sole discretion, elect to suspend or terminate access to, or use of the Remedico Services to anyone who violates these Terms. If the Client registers for a free trial of the Remedico Services, the applicable provisions of these Terms will govern that free trial.


The original language of these Terms is English. Remedico may make available translations for convenience. In case of conflicts between the original English version and any translation, the English version shall prevail.



1. DEFINITIONS


Account – the primary means for accessing and using the Remedico Services, subject to payment of a Fee designated in the selected Plan;


Authorization – the set of rights and privileges on the Platform assigned to the User by the Client;


Client – a natural or legal person who has accepted these Terms with Remedico;


Client Data – files and any other digital data and information, which is subjected to the Remedico Services or otherwise inserted to the Remedico Services by the Client;


Content – any data and information available through Remedico Services, articles, documents, brochures, presentations, pictures, images, 3d and 2d models, audiovisual works, other informational materials and any comments;


Fee – regular payment for using the activated Account;


Free Trial – limited access for the purposes of trying out the Remedico Services without paying a Fee;


Platform – Remedico patient relationship management software;


Remedico – Internet Investment Group Limited, a legal entity duly registered under the laws of Hong Kong and any of its subsidiaries and affiliates.


Remedico Dentaverse – an application for virtual reality devices.


Remedico Materials – the visual interfaces, graphics, design, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data, and all other elements of Remedico Services;


User – a natural person granted with the Authorization to use the Account on behalf of the Client;


Website – the compilation of all web documents (including images, php and html files) made available via https://remedico.app or its sub domains or domains with identical names under other top domains and owned by Remedico.


2. Authority to Enter into These Terms with Remedico


The use of the Remedico Services is subject to acceptance of these Terms. To accept these Terms for itself or on behalf of the Client, a person must have the legal capacity to do so. In the case of an individual, the individual must be at least 18 years of age or have valid authorization from his/her legal representative or custodian. In the case of a legal entity, the entity must be duly incorporated and in good standing.


The Terms are accepted as soon as one of the following occurs first:



The Client or Users may not, without Remedico’s prior written consent, access the Remedico Services (i) for production purposes, (ii) if they are a competitor of Remedico, (iii) to monitor the availability, performance or functionality of the Remedico Services or (iv) for other benchmarking or competitive purposes.


Once accepted, these Terms remain effective until terminated as provided for herein.


3. Modifications to Terms

Remedico reserves the right, at its sole discretion, to change, modify, add, or remove portions of the Terms at any time by posting such changes on or through the Platform or the Remedico Services. Please check these Terms periodically for changes. The Client or User continued use of the Remedico Services after such changes have been posted as provided above constitutes their binding acceptance of such changes. Such amended Terms will automatically be effective upon the earlier of (i) Client or User continued use of the Remedico Services, or (ii) 30 days from posting of such modified Terms on or through the Platform or the Remedico Services. Notwithstanding the foregoing, the resolution of any dispute that arises between Client or User and Remedico will be governed by the Terms in effect at the time such dispute arose.


4. Our Responsibilities


4.1. Provision of the Remedico Services


Remedico will (a) make the Remedico Services, Content and Client Data available to the Client pursuant to these Terms, (b) provide applicable standard support for the Remedico Services to the Client at no additional charge, and/or upgraded support (for an additional charge, if applicable), (c) use commercially reasonable efforts to make the Remedico Services available 24 hours a day, 7 days a week, except for: (i) planned downtime (of which Remedico shall give advance notice via email or Platform), and (ii) any unavailability caused by circumstances beyond Remedico’s reasonable control, including, for example, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike or other labor problem, Internet service provider failure or delay, or denial of service attack.


4.2. Protection of Client Data


Remedico will maintain administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Client Data. Those safeguards will include, but will not be limited to, measures for preventing access, use, modification or disclosure of Client Data by Remedico personnel except (a) to provide the Remedico Services and prevent or address service or technical problems, (b) as compelled by law in accordance with Section 7.3 (Compelled Disclosure) below, or (c) as the Client or User expressly permit in writing. Remedico may use service providers to perform the Remedico Services. Remedico will make commercially reasonable efforts to ensure that data transfers to service providers meet requirements applicable to Clients’ processing of data and will provide information on such data transfers in these Terms for Client’s consideration. By agreeing to these Terms, the Client authorizes the Remedico (a general written authorization in the meaning of Article 28 (2) of Regulation (EU) 2016/679) to engage the following service providers for the purposes of performing the Services. Remedico shall provide 10 business days advance notice before engaging any new service providers under the Remedico’s general authorization.
List of service providers processing Client Data can be seen here:
https://www.remedico.app/subprocessors


5. Using the Remedico Services


5.1. Establishing an Account


Certain Features, functions, parts or elements of the Remedico Services can be used or accessed only by holders of an Account. The person who wishes to create an Account must:
complete the sign-up form on the Website or Platform; and accept these Terms by clicking “Sign up” or other similar button
Each Client may have only one Account. If several persons need to use an Account on behalf of the Client, the Client must designate such persons as Users. Each such User shall be subject to the restrictions set forth in these Terms. If the Client has designated Users and granted them Authorization, such Users will be deemed to be authorized to act on behalf of Client when using the Account. Remedico is not responsible for and shall have no liability for verifying the validity of Authorization of any User. However, Remedico may, in its discretion, request additional information or proof of the person’s credentials. If Remedico is not certain if the User has been granted Authorization, Remedico may, in its sole discretion, prevent such User from accessing the Remedico Services. The User may be associated with multiple Clients and Accounts. Deleting the User from one Account will not remove the User from the Platform if he/she is connected to multiple Accounts. The Client and any User associated with an Account must provide Remedico with true, accurate, current, and complete information about the Client, Users or Account and keep it up to date.


5.2. Logging Into an Account


When the Client signs up, they are prompted to create a username and password (referred to as 'Login Credentials') that they will use to access their account. These Login Credentials must not be used by multiple persons. If the Client wishes Users, the Client shall invite Users via Platform; Each User as a part of registration process will be prompted to create a username and password. The Client and each User are responsible for keeping confidential all login credentials associated with an Account. The Client must promptly notify Remedico:


5.2. Termination of Account


The Client may terminate these Terms at any time as provided in Section 16. Remedico shall permanently delete the Account within six months of the effective date of the termination.


5.3. Fees


The use of an Account is subject to a Fee. Upon sign-up for an Account, the Client must select a Plan. Different rates apply to different Plans. The applicable Fee is charged in advance on monthly or annual payment intervals, unless agreed otherwise between parties. All Fees are non-refundable, i.e. there are no refunds or credits for periods where the Client did not use an activated Account, used it only partially, or deactivated the Account or terminated these Terms during an ongoing payment interval. If, after signing up, the Client elects to upgrade to a more expensive Plan, the unused portion of any prepaid Fees shall be applied to the Fee of the more expensive Plan.
All Fees are exclusive of all taxes, levies or duties applicable under any applicable law, unless stated otherwise stated herein. The Client is solely responsible for the payment of such taxes, levies or duties.


5.4. Changing Plans


Any Client has the right to upgrade a current Plan at any time by selecting a new Plan among the collection of Plans determined by the Remedico. In such an event, the Client’s credit card on file with the Remedico will automatically be charged with a Fee for the next payment interval with the rate stipulated in the new Plan.
The Client has no right to downgrade the current Plan.


5.5. Free Trial


A new Client may be entitled to a Free Trial. The Free Trial is subject to restrictions that are specified in the Plan description at the billing section of the Platform. The Client is not required to provide any credit card information during the period of Free Trial.
At any stage during the Free Trial the Client may sign up to a paid Plan of the Remedico Services and in doing so their Free Trial will automatically expire.
In addition to the current Plans, Remedico may offer special discounts and motivation schemes (e.g. referral program).
Remedico reserves the right to change the terms of Free Trial at any time and/or suspend the Free Trial of any Client with or without cause.


6. Payment


6.1. Payment Card Authorization


Remedico may seek pre-authorization of Client’s payment card account prior to the purchase of the Remedico Services in order to verify that the card is valid and has the necessary funds or credit available to cover the purchase. The Client authorizes such payment card account to pay any amounts described herein, and authorizes Remedico to charge all sums described in these Terms to such card account. The Client agrees to provide Remedico updated information regarding the payment card account upon Remedico’s request and any time the information earlier provided is no longer valid.


6.2. Direct Debit Payments


In some markets Remedico may, if the Client elects, request that Client complete a direct debit mandate to enable direct debit payments. In such cases Remedico shall comply with all applicable national rules and regulations related to direct debit payments. Remedico uses Stripe to process the direct debit payments. More information on how Stripe processes the personal data and data protection rights, is available at https://stripe.com .


6.3. Wire transfer


If Remedico has not sought pre-authorization of the payment card or Client wishes to pay by wire transfer, then before the end of each payment interval, the Client will be issued an electronic invoice for payment of the Fee of the next payment interval. The Client must pay the invoice by the due date indicated on the invoice.


6.4. Overage Charges


Upon delay with any payments, Remedico may require the Client to pay interest on the delay (penalty for late payment) for the period as of the time the payment obligation falls due until the payment is received by Remedico. The interest rate of penalty for late payment shall be at the rate of the lesser of two percent (2%) per month or the maximum rate permitted by law.


7. Client data


7.1. Uploading Client Data to Platform


If the Client uploads Client Data to the Platform, such Client Data and any processing of such Client Data must be in compliance with these Terms and applicable law. All rights, title and interest in and to the Client Data belong to the Client or third persons (including Users, persons and organizations) whether posted and/or uploaded by the Client or made available on or through the Remedico Services by Remedico. By uploading Client Data to the Platform, the Client authorizes Remedico to process Client Data. The Client is responsible for ensuring that:


7.2. No Guarantee of Accuracy


Remedico does not guarantee any accuracy with respect to any information contained in any Client Data, and strongly recommends that the Client and its Users carefully evaluate what they transmit, submit or post to or through the Remedico Services. The Client understands that all information contained in Client Data is the sole responsibility of the person from whom such Client Data originated. This means that Client, and not Remedico, is entirely responsible for all Client Data that is uploaded, posted, transmitted, or otherwise made available through the Remedico Services, as well as for any actions taken by the Remedico or other Clients or Users as a result of such Client Data.


7.3. Compelled Disclosure


Remedico may disclose a Client’s confidential information to the extent compelled by law to do so. In such an instance, Remedico will use commercially reasonable efforts to provide the Client with prior notice of the compelled disclosure (to the extent legally permitted) and the Client shall provide reasonable assistance, at its cost, if the Client wishes to contest the disclosure. If Remedico is compelled by law to disclose Client’s confidential information as part of a civil proceeding to which Remedico is a party, and the Client is not contesting the disclosure, the Client will reimburse Remedico for its reasonable cost of compiling and providing secure access to that confidential information.


8. Services


8.1. Use of the Remedico Services


Subject to these Terms, and the payment of the applicable service Fee, Remedico grants the Client and its authorized users a non-exclusive, non-transferable, non-sub-licensable license to use the Remedico Services to:

If Remedico determines the Client usage of the Remedico Services to be outside of the permitted and intended use as outlined herein, or bandwidth usage of the Service or any features or functionality to be significantly excessive in relation to other Users, Remedico reserves the right to suspend respective Client Account, (or part thereof) until the Client assures Remedico that Client shall refrain from further abuse of the Remedico Services.


8.2. Technical Support


Remedico shall provide reasonable technical support to the Client and its authorized User at the reasonable request of the Client. Remedico shall respond to enquiries of support from the Client utilizing the contacts set forth below as soon as reasonably possible. Responding to enquiries of Clients and Users who have accepted these Terms but do not have an Account may be less expedient, or may not occur at all.
The contacts for all enquiries of support are:


8.3. Modifications to the Remedico Services


Remedico reserves the right to modify the Remedico Services or any part or element thereof from time to time without prior notice, including, without limitation:

As applicable, the Client may be notified of such modifications when logging in to the Account. Modifications, including change in applicable rates for the Remedico Services, will become effective in thirty (30) days upon notification of such modifications to the Client. If the Client does not accept the modification, the Client shall notify Remedico before the effective date of the modification, and these Terms will terminate on the effective date of the modification. The Client’s continued use of the Remedico Services, or any part or element thereof, after the effective date of a modification shall indicate its consent to the modifications. Remedico shall not be liable to the Client or to any third person for any modification, suspension or discontinuance of the Remedico Services, or any part or element thereof.


9. Restrictions


9.1. Prohibited Activities


The Client and its authorized Users may use the Remedico Services and any part or element thereof only in the scope, with the means and for purposes as identified in these Terms and applicable law. By way of example, neither the Client nor any User may:


9.2. Certain Uses Require Remedico Consent


The Client or any User may not, without Remedico’s prior express written consent:


9.3. Trade Control Compliance


The Client, any user, reseller, or agent (“Third Party”) hereby represents, warrants, covenants, and agrees that, with respect to the Remedico Services:


10. Privacy


Remedico takes the privacy of its Clients and Users very seriously. Remedico’s Privacy Policy is hereby incorporated into these Terms by reference. Please read the Privacy Policy carefully as it governs Remedico’s collection, use, and disclosure of Client’s or User’s personal information.


11. Intellectual Property Rights


11.1. Remedico’s Intellectual Property Rights in the Remedico Services


The Remedico Services, Remedico Materials, Remedico trade names and trademarks, and any parts or elements thereof are solely and exclusively owned and operated by Remedico and its third party vendors and hosting partners. Remedico Materials are protected by copyright, trade dress, patent, trade secrets, and trademark laws, international conventions and treaties, and all other relevant intellectual property and proprietary rights laws. Remedico, its affiliates and licensors retains all right, title and interest in such Remedico Services, Remedico Materials, Remedico trade names and trademarks, and any parts or elements. The Client’s use of the Remedico Services and Remedico Materials, and any parts or elements does not grant to the Client any ownership right or intellectual property rights therein. Any commercial or promotional distribution, publishing or exploitation of the Remedico Materials is strictly prohibited unless the Client has received the express prior written permission from Remedico or the otherwise applicable rights holder. Remedico reserves all rights to the Remedico Services, Remedico Materials and Remedico trade names and trademarks not expressly granted in the Terms.


11.2. Content Owned by Remedico


Subject to these Terms and the payment of the applicable service Fee, Remedico grants the Client and its authorized users a non-exclusive, non-transferable, non-sub-licensable license to access to the Content solely for non-commercial use, provided that all copyright and proprietary notices that are contained in such part of the Content are retained. The Client expressly acknowledges that the Client does not acquire any ownership rights by accessing any copyrighted material from or through the Platform or the Remedico Services. The Client and its Users shall not copy, distribute or publish any Content or any information obtained or derived therefrom except as permitted on or through the Remedico Services or as otherwise permitted by applicable law.


11.3. Client Data



11.4. Feedback


If the Client or User provides Remedico with any comments, bug reports, feedback, or modifications for the Remedico Services (“Feedback”), Remedico shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the Remedico Services. The Client or User (as applicable) hereby grants Remedico a perpetual, irrevocable, nonexclusive, royalty free license under all rights necessary to incorporate, publish, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform, exploit and use the Client’s and User’s Feedback for any purpose. Remedico shall have the right to modify or remove any Feedback provided in the public areas of the Website if the Remedico deems, at its discretion, harmful, offensive, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, invasive of another’s privacy, hateful or otherwise unlawful.


12. Third-Party Sites, Products and Services


The Remedico Services may include links to other websites or services (“Linked Sites”) solely as a convenience to Clients. Unless otherwise specifically and explicitly indicated, Remedico does not endorse any such Linked Sites or the information, material, products, or services contained on or accessible through Linked Sites. Furthermore, Remedico makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through Linked Sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT THE CLIENT’S and USER’S OWN RISK. Any content referred to as community provided is provided by third parties and not developed or maintained by Remedico. By using any community marked code or libraries in the Client’s software development, the Clients acknowledges and agrees that Remedico is not in any way responsible for the performance or damages caused by such community provided code or library.


13. Disclaimers; No Warranty


UNLESS OTHERWISE EXPRESSLY STATED BY REMEDICO, THE REMEDICO SERVICES, REMEDICO MATERIAL, AND ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE REMEDICO SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, REMEDICO AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, CORRECTNESS, ACCURACY, AND RELIABILITY. UNLESS OTHERWISE EXPRESSLY STATED BY REMEDICO, REMEDICO AND ITS AFFILIATES DO NOT WARRANT THAT THE REMEDICO SERVICES AND ANY CONTENT, CLIENT DATA SERVICES, OR FEATURES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE REMEDICO SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE REMEDICO SERVICES AND ANY CONTENT, CLIENT DATA, SERVICES, OR FEATURES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE REMEDICO SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNLESS OTHERWISE EXPRESSLY STATED BY REMEDICO, REMEDICO AND ITS AFFILIATES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PLATFORM, THE REMEDICO SERVICES, REMEDICO MATERIAL OR ANY LINKED SITES, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE LAWS OF CERTAIN COUNTRIES AND STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO THE CLIENT, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO THE CLIENT, AND THE CLIENT MIGHT HAVE ADDITIONAL RIGHTS. THE CLIENT ACKNOWLEDGE THAT THE PROFESSIONAL DUTY TO THE PATIENT IN PROVIDING HEALTHCARE SERVICES LIES SOLELY WITH THE HEALTHCARE PROFESSIONAL PROVIDING SUCH SERVICES. THE CLIENT TAKE FULL RESPONSIBILITY FOR THE USE OF INFORMATION PROVIDED BY THE REMEDICO SERVICES OR ANY THIRD-PARTY DATABASES INCORPORATED INTO THE SERVICES IN PATIENT CARE AND ACKNOWLEDGES THAT THE USE OF THE REMEDICO SERVICES OR ANY THIRD-PARTY DATABASES INCORPORATED INTO THE SERVICES IS IN NO WAY INTENDED TO REPLACE, OR SERVE AS A SUBSTITUTE FOR PROFESSIONAL JUDGMENT. REMEDICO DOES NOT ASSUME ANY RESPONSIBILITY FOR THE CLIENT’S OR ITS USERS’ ACTIONS WHICH MAY RESULT IN ANY LIABILITY OR DAMAGES DUE TO MALPRACTICE, FAILURE TO WARN, NEGLIGENCE, OR ANY OTHER BASIS. THE CLIENT SHALL ENSURE THAT ALL HEALTHCARE PROFESSIONALS USING THE REMEDICO SERVICES ARE AWARE OF THE LIMITATIONS ON THE USE OF THE REMEDICO SERVICES.


14. Indemnification


The Client agrees to defend, indemnify and hold harmless Remedico and its affiliates, and their respective directors, officers, employees and agents, from any claims, losses, damages, liabilities, including attorney’s fees, arising out of its use or misuse of the Remedico Services, Remedico Materials, and Content Owned by Remedico, representations made to the Remedico, its affiliates and/or third parties, violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants. Remedico reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which the Client is required to indemnify Remedico, and the Client agrees to cooperate with such defense of these claims.


15. Limitation of Liability


15.1. No Liability


Remedico shall not be liable to the Client or User for any consequences resulting from:

In addition, Remedico and its affiliates shall not be liable to the Client for any claim by any User, person, Organization or third persons against the Client arising out of the Client’s failure to:

  • provide Remedico with accurate information about the Client, Users or Account;
  • notify Remedico of any reasons due to which the User does not have the right to use the Account on behalf of the Client;
  • provide any Products which it has agreed to provide to such a person or Organization (whether such failure arises as a result of Remedico’s negligence, breach of these Terms or otherwise);
  • ensure the lawfulness of Client Data;
  • obtain the necessary rights to use Client Data; or
  • abide by any of the restrictions described in these Terms.

    • 15.2. Limitation of Liability


    IN NO EVENT SHALL THE AGGREGATE LIABILITY OF REMEDICO AND ITS AFFILIATES ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE TOTAL AMOUNT PAID BY THE CLIENT HEREUNDER FOR THE REMEDICO SERVICES GIVING RISE TO THE LIABILITY IN THE SIX MONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE. THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, BUT WILL NOT LIMIT CLIENT’S PAYMENT OBLIGATIONS UNDER THE “PAYMENT” SECTION ABOVE.


    15.3 Exclusion of Consequential and Related Damages


    IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS FOR ANY LOST PROFITS, REVENUES, GOODWILL, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, BUSINESS INTERRUPTION OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF A PARTY’S OR ITS AFFILIATES’ REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.


    16. Termination of These Terms


    16.1. For Convenience


    These Terms may be terminated for convenience in the following situations:


    16.2. For Default


    These Terms may be terminated for default upon written notice to the other party as indicated in the “Notice” Section below:

    1. by either party in case of breach of these Terms by the other party, if the breach has not been cured within 30 days of receipt of a notice from the non-breaching party; or
    2. immediately by either party if the other party breaches its obligations, as applicable under Sections 9 [Restrictions], 11 [Intellectual Property Rights], 14 [Indemnification], or of these Terms.

    16.3. Effect of Termination


    Upon termination of these Terms,

    1. Remedico shall deactivate and permanently delete the Account, within six months of the effective date of termination of these Terms. If the Client has specifically requested for an earlier deletion of the Account, Remedico shall fulfill such request within 1 month of its receipt of such request.
    2. The Client must: stop using and prevent the further usage of the Remedico Services, including, without limitation, the Platform; pay any amounts owed to Remedico under these Terms; and discharge any liability incurred by the Client before under these Terms prior to their termination; and
    3. The following provisions shall survive the termination of these Terms: Sections 1, 7.3, 9, 10, 11, 13, 14, 15, 17 and 18.

    16.4. Remedies


    If Remedico terminates these Terms as a result of an uncured breach by the Client or User, Remedico is entitled to use the same or similar remedies against any other persons who use the Remedico Services in conflict with these Terms. Notwithstanding the foregoing, Remedico may also apply any other remedies available to it under the applicable law. Upon application of any remedies, the Client or User may lose access or suffer a loss of certain features, functions, parts or elements of the Remedico Services.
    If Remedico has reasonable grounds to believe that the Client’s or User’s use of the Remedico Services, including the Account may harm any third persons, Remedico has the right to take adequate measures under its control to prevent, stop and eliminate the harm, where possible, in order to protect those third persons.
    The Remedico has the right to suspend access to all or any part of the Service, including removing Content, at any time for violation of this Agreement or to protect the integrity, operability, and security of the Service, effective immediately, with or without notice. Unless prohibited by law or legal process or to prevent imminent harm to the Service or any third party, Remedico typically provides notice in the form of a banner or email on or before such suspension. Remedico will, in its discretion and using good faith, tailor any suspension as needed to preserve the integrity, operability, and security of the Service.


    17. Governing Law and Jurisdiction


    In the event of a dispute, controversy or claim arising out of or in relation to these Terms, including but not limited to the formation, validity, breach or termination thereof, the parties shall attempt to solve the matter amicably in mutual negotiations. In the event a mutually acceptable resolution cannot be reached within a reasonable time, either party will be entitled to seek all available remedies, including legal remedies subject to the terms and conditions set forth below. Notwithstanding the foregoing and subject to the terms and conditions set forth below, either party may seek injunctive relief with respect to any disputed matter to the extent possible under applicable law. Should an amicable settlement between parties not be possible, the dispute shall be finally solved in court or by arbitration as designated herein subject to the terms and conditions set forth below. The United Nations Convention on Contracts for the International Sale of Goods (Vienna Convention of 1980) shall not be applied to these Terms. Any questions relating to these Terms which are not expressly or implicitly settled by the provisions contained in these Terms shall be governed by and construed in accordance with the Laws of England and Wales, courts of London has exclusive jurisdiction.


    18. General Provisions


    18.1. Relationship of the Parties


    The parties will act solely as independent contractors. These Terms shall not be construed as creating an agency, partnership, joint venture, fiduciary duty, or any other form of legal association between the Client and either Remedico, and the Client shall not represent to the contrary, whether expressly, by implication, appearance or otherwise. These Terms are not for the benefit of any third parties.


    18.2. Severability


    If any term, condition or provision of these Terms is held to be invalid, unenforceable or illegal in whole or in part for any reason, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties. The validity and enforceability of the remaining terms, conditions or provisions, or portions of them, shall not be affected.


    18.3. Entire Agreement


    These Terms are the entire agreement between the Client and Remedico regarding Client’s use of the Remedico Services and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. Except as otherwise provided herein, no modification, amendment, or waiver of any provision of these Terms will be effective unless in writing and signed by the party against whom the modification, amendment or waiver is to be asserted.


    18.4. Assignment


    The Client may not, directly or indirectly, in whole or in part, by operation of law or otherwise, assign or transfer these Terms or delegate any of its rights and/or obligations under these Terms without Remedico’s prior written consent. Any attempted assignment, transfer or delegation without such prior written consent will be void and unenforceable. Notwithstanding the foregoing, the Client, or its permitted successive assignees or transferees, may assign or transfer these Terms or delegate any rights or obligations hereunder without consent: (1) to any entity controlled by, or under common control with the The Client, or its permitted successive assignees or transferees; or (2) in connection with a merger, reorganization, transfer, sale of assets or product lines, or change of control or ownership of the Client, or its permitted successive assignees or transferees.


    18.5. No Waiver


    Failure of either Party to exercise or enforce any provision of or any of its rights under these Terms shall not be deemed a waiver of future enforcement of that or any other provision or right.


    18.6. Notices


    Except as otherwise specified in these Terms, all notices related to these Terms will be in writing and will be effective upon (a) personal delivery, (b) the second business day after mailing, or (c), except for notices of termination or an indemnifiable claim (“Legal Notices”), which shall clearly be identifiable as Legal Notices, the day of sending by email. Billing-related notices to the Client will be addressed to the relevant billing contact designated by the Client. All other notices to the Client will be addressed to the relevant Services system administrator designated by the Client.


    Appendix A


    Remedico Dentaverse Supplemental Terms


    Last update: December 26, 2023


    These Supplemental Terms (the “Supplemental Terms”) apply to the use of Remedico Dentaverse as described herein and supplement and form a part of the Terms. By accessing, browsing or using Remedico Dentaverse, the Client, User and Demo User agree to be bound by these Supplemental Terms in addition to the Terms. Capitalized terms used in these Supplemental Terms have the meaning given to them in the Terms. For any matters not expressly set forth in the Supplemental Terms, the provisions of the Terms shall govern. PLEASE READ THESE SUPPLEMENTAL TERMS CAREFULLY. BY ACCESSING, BROWSING OR USING REMEDICO DENTAVERSE, THE CLIENT, USER, DEMO USER ACKNOWLEDGE THAT THEY HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE SUPPLEMENTAL TERMS. IF THE CLIENT, USER, DEMO USER DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT ACCESS, BROWSE OR USE REMEDICO DENTAVERSE.


    1. Authority to Enter into the Supplemental Terms with Remedico


    The access, browse or use of the Remedico Services is subject to acceptance of these Supplemental Terms. To accept these Supplemental Terms for itself or on behalf of the Client, a person must have the legal capacity to do so. In the case of an individual, the individual must be at least 18 years of age or have valid authorization from his/her legal representative or custodian. In the case of a legal entity, the entity must be duly incorporated and in good standing. The Supplemental Terms are accepted as soon as one of the following occurs first: upon the moment of granting access, browsing or using Remedico Dentaverse, and this acceptance is not dependent upon the creation of an Account. Once accepted, these Supplemental Terms remain effective until terminated as provided in the Terms.


    2. Demo Access to Remedico Dentaverse


    This section applies to individuals that are not considered as the Clients or Users as defined in the Terms (the “Demo Users”).
    Remedico, at its discretion, may provide Demo Users a free-of-charge demo access to Remedico Dentaverse with a limited functionality and solely for the purpose of allowing users to explore and evaluate the features and functionalities of Remedico Dentaverse (“Demo Access”). The Demo User acknowledges that Demo Access is a temporary and non-transferable privilege. Remedico reserves the right to modify or terminate Demo Access at any time without prior notice. The Demo Users are prohibited from (i) using Demo Access for any commercial, competitive, or unlawful purposes; (ii) copying/modifying or otherwise using any Content available in Remedico Dentaverse for purposes other than specified in this section. Remedico is not liable for any loss or damage arising from the use of demo access. Remedico may collect data related to Demo Access usage for analytics and improvement purposes, as detailed in the Privacy Policy. The Demo Users are expected to adhere to all the terms and conditions outlined in both these Supplemental Terms and the main Terms, to the extent that such terms are applicable to them. Unauthorized attempts to modify, reverse engineer, or bypass Demo Access restrictions are strictly prohibited and may result in legal action.


    3. Client Access to Remedico Dentaverse


    This section applies to individuals that are considered as the Clients or Users as defined in the Terms.
    Remedico retains the right to grant or deny the Client access to Remedico Dentaverse at its sole discretion, and may terminate access at its sole discretion, with or without prior notice to the Client. If Remedico allows the Client to use Remedico Dentaverse, the Client or its Users must first log into the Platform, navigate to the 'Add a Device' section, and enter the device ID. After this, the Client or its User can access all available functionality of Remedico Dentaverse.


    Remedico Dentaverse does not process any Client Data other than that which has already been uploaded to the Platform and such Client Data is necessary for the functioning of Remedico Dentaverse.


    5. Virtual Reality Equipment and Requirements for Remedico Dentaverse


    To fully use Remedico Dentaverse, the Client, Users and Demo Users must have a compatible virtual reality headset that meets specified hardware requirements, including adequate processing power, sufficient memory, and proper graphics support. It's crucial for the Client, Users and Demo Users to ensure its virtual reality system is correctly set up as per manufacturer guidelines, with a safe play area free from obstacles. Additionally, the Client, Users and Demo Users may need a stable internet connection for certain features and should regularly update their virtual reality software and drivers to maintain compatibility and optimal performance.


    6. Health and Safety


    When using Remedico Dentaverse, it is essential for the Client to prioritize health and safety. The Client, Users and Demo Users is fully responsible for ensuring that their environment is safe and conducive to virtual reality usage. This includes establishing a clear and hazard-free area, ideally a dedicated space, where movement can be made safely without risk of health injury or property damage. TheClient, Users and Demo Users should adhere to the safety instructions provided by its virtual reality equipment manufacturer, particularly regarding physical space requirements and the use of safety straps or other protective measures.


    7. Beta Version of Remedico Dentaverse


    Remedico Dentaverse may be available as a Beta Version, which has not yet undergone comprehensive testing and may contain unresolved issues or bugs. This Beta Version is provided free of payment and is intended for testing and feedback purposes, allowing the Client, Users and Demo Users to explore and interact with the application's features. Remedico is under no obligation to (i) further develop the Beta Version or (ii) provide support for the Beta Version. While using this Beta Version, the Client or User may encounter occasional disruptions or inconsistencies, which are typical for the application in the beta phase, and the Client assumes all risks associated with using this Beta Version. Remedico offers these services "AS IS'' without any representations, warranties, indemnities, or guarantees. To the extent permitted by applicable law, Remedico and its affiliates shall not be responsible for any damage or loss, in relation to the Beta Version, regardless of the nature of the claim or theory of liability. The Client, Users and Demo Users agree to Remedico's exclusive authority in determining the testing and evaluation period for the Beta Version. Remedico reserves the right, temporarily or permanently, to discontinue the Beta Version at any time, with or without notice to the Client, Users and Demo Users. Additionally, Remedico Dentaverse maintains the right to offer the Beta Version for a Fee. The Client, Users and Demo Users are advised to use the Beta Version cautiously, being mindful of its experimental nature and the potential for unexpected behavior.


    8. Intellectual Property Rights


    By using Remedico Dentaverse, the Client may create 3D Teeth Models and other 3D Models based on Client Data. All intellectual property rights and title to such Models belong to the Client. 3D Teeth Models and other 3D Models not derived from Client Data shall be considered as Content Owned by Remedico, as defined under Section 11.2 of the Terms. The Client agrees to attribute each public use of Content, whether owned by Remedico or the Client, as “Created in Remedico Dentaverse”.


    9. Disclaimers


    REMEDICO DENTAVERSE IS INTENDED ONLY FOR EDUCATIONAL AND INFORMATIONAL PURPOSES WITHIN THE FIELD OF DENTISTRY, PRESENTING INTERACTIVE TRAINING 3D TEETH MODELS AND OTHER 3D MODELS AVAILABLE WITHIN REMEDICO DENTAVERSE FOR CLIENT’S CUSTOMERS, MEDICAL AND DENTAL PROFESSIONALS, AND IS NOT DESIGNED TO SERVE AS A SUBSTITUTE FOR PROFESSIONAL DENTAL OR MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. PLEASE BE AWARE THAT THE IMAGES AND COLORS OF 3D TEETH MODELS AND OTHER 3D MODELS AVAILABLE WITHIN REMEDICO DENTAVERSE MAY NOT ACCURATELY REPRESENT ACTUAL CONDITIONS OR PROCEDURES. THE CLIENT, USERS AND DEMO USERS WHO USE REMEDICO DENTAVERSE DO SO ENTIRELY AT THEIR OWN RISK. REMEDICO DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR PROPERTY DAMAGE, HEALTH-RELATED INJURIES (INCLUDING DEATH), WHETHER TO THE CLIENT, ITS USERS, ITS CUSTOMERS, THIRD PARTIES, AND DEMO USERS RESULTING FROM THE USE OF REMEDICO DENTAVERSE. EACH CLIENT, USERS AND DEMO USERS IS RESPONSIBLE FOR PROVIDING NOTICE TO ITS CUSTOMERS AND THIRD PARTIES, FOR WHAT PURPOSES REMEDICO DENTAVERSE IS INTENDED, THAT THE IMAGES AND COLORS OF 3D TEETH MODELS AND OTHER 3D MODELS AVAILABLE WITHIN REMEDICO DENTAVERSE MAY NOT ACCURATELY REPRESENT ACTUAL CONDITIONS OR PROCEDURES, AND IS NOT DESIGNED TO SERVE AS A SUBSTITUTE FOR PROFESSIONAL DENTAL OR MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.


    10. Modifications to the Supplemental Terms


    Remedico reserves the right, at its sole discretion, to change, modify, add, or remove portions of the Supplemental Terms at any time by posting such changes on or through the Platform or the Remedico Services. Please check these Supplemental Terms periodically for changes. The Clients, Users or Demo User continued use of Remedico Dentaverse after such changes have been posted as provided above constitutes your binding acceptance of such changes. Such amended Supplemental Terms will automatically be effective upon the earlier of (i) the Clients, Users or Demo User use of Remedico Dentaverse, or (ii) 30 days from posting of such modified Supplemental Terms on or through the Platform, Remedico Dentaverse, or the Remedico Services.

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