Terms and Conditions of Use
Any use of this website and its services constitutes an agreement to the terms and conditions.
Definitions
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Account means a unique account created for You to access our Service or parts of our Service.
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Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
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Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to AlignerDesign.
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Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
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Personal Data is any information that relates to an identified or identifiable individual.
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Service refers to the Website.
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Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
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Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
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Website refers to AlignerDesign, accessible from alignerdesign.com
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You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
While using AlignerDesign, we may ask the user to provide certain personally identifiable information that can be used to contact or
identify You. Personally identifiable information may include, but is not limited to: Email addresses; First name and last name; Address, State, Province, ZIP/Postal code, City; Usage Data; Patient Data
Usage Data is collected automatically when using the Service. Usage Data may include information such as the user’s device’s Internet
Protocol address (e.g. IP address), browser type, browser version, the pages of our website that the user visits, the time and date of the user’s visit,
the time spent on those pages, unique device identifiers and other diagnostic data.
When the user accesses the website by or through a mobile device, We may collect certain information automatically, including, but not limited
to, the type of mobile device, the user’s mobile device unique ID, the IP address of the mobile device, the user’s mobile operating system, the
type of mobile Internet browser , unique device identifiers and other diagnostic data. We may also collect information that the user’s browser sends whenever the user visit our website or services.
Use of Your Personal Data
The Company may use Personal Data for the following purposes:
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To provide and maintain our Service, including to monitor the usage of our Service.
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To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
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For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
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To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
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To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
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To manage Your requests: To attend and manage Your requests to Us.
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For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
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For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends,
determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your
experience.
We may share Your personal information in the following situations:
- With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
- For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of,
any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company. - With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor
this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us. - With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
- With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.
- With Your consent: We may disclose Your personal information for any other purpose with Your consent.
Terms and Conditions of Services Provided
By using this service, the user acknowledges that AlignerDesign does not provide medical, dental, or clinical advice. The user acknowledges that AlignerDesign will develop products in accordance with a licensed practitioner’s prescription. It is the user’s responsibility to have a licensed clinician evaluate the designs and its appropriateness for clinical treatments. The user accepts any and all responsibility over any patient outcomes; the user agrees that AlignerDesign does not accept responsibility for any patient outcomes.
As a security measure, AlignerDesign maintains protocols to automatically delete any information after 60 days of from their upload. Therefore, all products are only available for 60 days after upload. These protocols are in place to limit the amount of HIPAA protected information, and private or proprietary information available online and to reduce the risk associated with security breaches. We are not a hosting service and do not guarantee access to your files beyond 60 days after upload. If a product is not purchased, the user may request, via email, for the product to be uploaded again. All requests must include either a patient identifer or the unique invoice code. AlignerDesign retains the right to refuse any requests for re-uploads. If the product is purchased, it is the user’s responsibility to download the files within 60 days. If the user requires additional time, the user must make a request via email to [email protected]. In all instances, we reserve the right to refuse any requests to make previous products available again. If AlignerDesign elects to make a product made available again, it will be available for only 7 days from the upload date, after which those products and files will become unavailable.
Users agree to maintain best practices to protect any patient, private, proprietary, or confidential information. Any attempt to make public any private, protected, or proprietary information will be considered a violation of these terms and conditions; private, protected and proprietary information includes but is not limited to patient information; AlignerDesign’s proprietary information, systems, designs, or protocols; and private information retaining to either the user, other users, or the service itself. Users accept full responsibility for any culpability and damages that result from the information becoming public. If private, protected, or proprietary information is made public by a user, AlignerDesign will immediately suspend their account, and reserves the right to begin legal investigations or procedures to recover any damages. We reserve the right to suspend any accounts for any reason. We reserve the right to refuse service for any reason.
All sales are considered final at the point of transaction. Our servers track the origin and success of download requests. If a file is seen to be downloaded successfully, the transaction is considered complete at that point. If the IP addresses of the download request and the IP address by which payment is charged are the same, the transaction is considered to have been successfully delivered to the user. Users are recommended to immediately upon purchase, download all files, invoices, and order information necessary for their records and prompt use of the developed data. It is the user’s responsibility to notify us immediately via email ([email protected]) if a download fails; users have 7 days to notify us of failing to deliver a product. If notified within 7 days and requested by the user, a new file will be designed and made available for download free of charge. If a product is found unsatisfactory, notify us within 30 days and we will design a new product free of charge. Subscription services may be cancelled within 30 days of purchase for a partial refund; the refund will be reduced by $30 per arch for the case fee and $15 per aligner (our regular aligner fees). No refunds for subscription services are offered beyond the initial 30 days. If a user is suspended for any reason at all, we retain the right to discontinue servicing the subscription package. Users have 30 days to notify us of any complaints or disputes with purchases. After 30 days, the user agrees that the product was received successfully, to their satisfaction, and therefore surrender their right to file disputes with third party payers such as credit card or online payment services. Users agree that upon transaction, they assume full ownership of the files, along with all associated responsibilities including but not limited to safe storage; maintaining best practices to prevent the loss, theft, or unauthorized dissemination of the information; back-up copies; and all associated documentation regarding the purchase of any products or services.
The user acknowledges it is their responsibility to maintain the integrity of any files purchased and to maintain adequate records and backups of downloaded files. If a user loses any files, including but not limited to file corruption, accidental deletion, theft, hacking, misplacement of files, carelessness, or any other reason, AlignerDesign is not obligated to make available those files. Should any damages result from the loss of those files, including but not limited to HIPAA violations or damages ensuing from proprietary, protected, or private information becoming public, the user accepts all responsibility for those damages. We reserve to right to begin legal investigations to recover any damages resulting from lost information. The user acknowledges that multiple requests for re-upload of files, or requests for re-upload of a large number of files, will be considered suspicious behavior, and may result in the suspension of their account. AlignerDesign maintains the right to refuse to make any files available again, as well as retains the right to charge a nominal processing fee for uploads exceeding 10 files at once.
Last Updated: Mar 7, 2024