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Dental Shades Avenue

End User License Agreement (EULA)


  1. Introduction:

Welcome to Dental Shades Avenue (“Dental Shades Avenue” or “the Application”). This EULA is a legally binding agreement between you (the “End-User” or “You”) and Dental Shades Avenue, located at Gartenstraße 14, Bad Soden, 65812, Germany (the “Licensor”). This EULA governs your access to and use of the Dental Shades Avenue mobile application (the “Licensed Application”) designed for use on Android devices (“Devices”).

The Application is intended to assist licensed dentists or laboratory technicians in efficiently identifying tooth color shades for whitening and prosthetic analysis procedures. It is a professional tool and should not be used for self-diagnosis or treatment decisions.

  1. Important Notice:

Professional Use Only: Dental Shades Avenue is designed for professional use by licensed dentists or laboratory technicians and does not diagnose, recommend, or prescribe any medical treatments.

Industry Regulations: The Application may not comply with industry-specific regulations like the Health Insurance Portability and Accountability Act (HIPAA) or the Federal Information Security Management Act (FISMA). You are best advice to not to use it if your interactions are subject to such laws.

Google Play Terms of Service: This EULA does not supersede Google Play Terms of Service (“Usage Rules”).

  1. Scope of License:

This EULA grants you a non-exclusive, non-transferable license to use the Licensed Application on a single Device that you own or control, strictly in accordance with the terms and conditions outlined in this EULA.

You are expressly prohibited from:

  • Sharing, selling, renting, leasing, lending, or redistributing the Application.
  • Reverse engineering, disassembling, translating, modifying, decompiling, or creating derivative works of the Application.
  • Copying (except with express permission) or altering the Application. You may create backups for your own Devices under the terms of this EULA, Usage Rules, and other applicable terms.
  • Removing any intellectual property notices. Unauthorized third-party access is strictly prohibited.
  • Violating the terms and conditions of this EULA or the Usage Rules.
  • Licensor reserves the right to modify the license terms at any time. You are obligated to stay informed of any changes by periodically reviewing the EULA. Your continued use of the Application following the posting of revised terms constitutes your acceptance of the new terms.
  • You must comply with all applicable third-party terms and conditions when using the Application.
  1. User Data:

Dental Shades Avenue collects and processes certain user data to provide a better user experience and create personalized analysis reports. This section details our data handling practices and your rights under the General Data Protection Regulation (GDPR) (if applicable).

  • Data Collection and Use

We collect the following categories of user data:

  • Dentist Information: We may collect your name, professional credentials, and contact information to establish your identity and facilitate communication.
  • Device Information: We collect basic information about your Device, such as operating system version, device model, and unique identifiers, to ensure compatibility and troubleshoot potential issues.
  • Usage Data: We collect anonymous usage data to understand how users interact with the Application and improve its functionality. This data may include features accessed, frequency of use, and crash reports.
  • Patient Data (Optional): With your explicit consent, you may choose to include anonymized patient data in analysis reports. This data may include tooth shade information and other relevant details (excluding any information that could directly identify the patient).
  • Legal Basis for Processing

We process your data based on the following legal grounds:

  • Contractual Necessity: Processing your information is necessary to fulfill our contractual obligations to provide you with the Application and its functionalities.
  • Legitimate Interests: We process usage data to improve the Application and ensure its smooth operation. This constitutes a legitimate interest for us.
  • Consent: We process patient data only with your explicit consent. You may withdraw your consent at any time.
  • Data Security

We implement appropriate technical and organizational safeguards to protect your data against unauthorized access, disclosure, alteration, or destruction. These safeguards are regularly reviewed and updated.

  • Data Retention

We retain your data for as long as necessary to fulfill the purposes outlined in Section 4.1. We will delete your data upon your request or upon termination of your account, unless we are required by law to retain it for a longer period.

  • Your Rights under GDPR

If you are located in the European Economic Area (EEA), you have certain rights under the GDPR regarding your personal data. These rights include:

  • Right of Access: You have the right to request a copy of the personal.
  • Right of Access: You have the right to request a copy of the personal data we hold about you.
  • Right to Rectification: You have the right to request that we correct any inaccurate or incomplete personal data we hold about you.
  • Right to Erasure: You have the right to request that we erase your personal data, subject to certain exceptions.
  • Right to Restriction of Processing: You have the right to restrict the processing of your personal data in certain circumstances.
  • Right to Data Portability: You have the right to request that we transfer your personal data to another controller, where technically feasible.
  • Right to Object: You have the right to object to the processing of your personal data for marketing purposes.

You can exercise your rights under the GDPR by contacting us at the email address provided in Section 17 (Contact Information). We will respond to your requests within a reasonable timeframe.

  1. User-Generated Content:

The Application does not offer functionalities for users to submit general content. However, dentists or technicians can add comments and remarks to analysis reports generated by the Application. These contributions are considered “User-Generated Content” (UGC) and are subject to the following terms:

  • Responsibility: You are solely responsible for the UGC you contribute to the Application.
  • Compliance: Your UGC must comply with all applicable laws and regulations, including those related to privacy, defamation, and harassment.
  • Accuracy: You warrant that your UGC is accurate and truthful.
  • Permissions: You represent and warrant that you have all necessary permissions to use and share any UGC you contribute, including any third-party intellectual property rights.
  • Proprietary Rights: We do not claim ownership of your UGC. You retain all ownership rights to your UGC.
  • Indemnification: You agree to indemnify and hold us harmless from any claims or liabilities arising from your UGC.

We reserve the right to remove or edit any UGC that we deem to violate these terms or that is otherwise objectionable.

  1. Contribution License:

By submitting suggestions or feedback regarding the Application, you grant us a non-exclusive, irrevocable, royalty-free worldwide license to use, reproduce, modify, publish, distribute, and translate your suggestions or feedback for any purpose, without compensation to you.

  1. Liability:

Our liability for breaches of contract is limited to foreseeable contractual damages. We are not liable for any damages caused by a breach of duties according to the terms of this EULA. You are responsible for making regular backups of your data using functionalities allowed by the Application and applicable terms.

We are not liable for any issues caused by unauthorized modifications, improper handling, or use with incompatible hardware or software.

  1. Warranty:

We warrant that the Application is free of malware at the time of download and functions as described in the user documentation. This warranty does not cover applications that are not executable due to unauthorized modifications, improper handling, incompatibility, or other reasons outside our control.

You are required to inspect the Application immediately after installation and report any issues to us by email within fourteen (14) days of discovery. If a defect is confirmed, we reserve the right to choose between repairing the defect or providing a substitute. The warranty period for users who are entrepreneurs is twelve (12) months from the date the Application was made available. Statutory limitation periods apply for users who are consumers.

  1. Product Claims:

Dental Shades Avenue acknowledges that it, and not Google Services, is responsible for addressing any claims related to:

  • product liability claims,
  • any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement, and
  • claims arising under consumer protection, privacy, or similar legislation.
  1. HIPAA Compliance Notice:

We have strived to develop a secure and user-friendly application following best practices outlined in HIPAA. However, it’s important to understand that the Application is not designed to meet the strict requirements of the Health Insurance Portability and Accountability Act (HIPAA). Therefore, the Application may not be suitable for use by covered entities or their business associates. If you are a covered entity or business associate subject to HIPAA, you must not use the Application to store, transmit, or otherwise handle protected health information (PHI).

  1. Termination:

This EULA is valid until terminated by either party. Your rights will terminate automatically for any violation of the license terms. Upon termination, you must cease all use of the Application and destroy all copies.

  1. Intellectual Property Rights:

You acknowledge that the Application and all its content, including features, functionalities, logos, images, text, and analysis results, are protected by intellectual property rights, including copyrights, trademarks, and patents. Unauthorized use of any part of the Application constitutes a violation of our intellectual property rights and will be held liable under governing law.

  1. Governing Law:

This EULA is governed by the laws of Germany, excluding its conflicts of law rules.

  1. Dispute Resolution:

In the event of any dispute arising out of or relating to this EULA, the parties agree to attempt to resolve the dispute amicably through informal negotiations. If the parties are unable to reach a resolution within 30 days of commencing negotiations, the dispute shall be submitted to binding arbitration in accordance with the Arbitration Rules of the German Institution of Arbitration (DIS). The arbitration shall be conducted in English in Frankfurt am Main, Germany. The decision of the arbitrator shall be final and binding on the parties.

  1. Entire Agreement:

This EULA constitutes the entire agreement between you and Licensor regarding the Licensed Application and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.

  1. Severability:

If any provision of this EULA is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

  1. Contact Information:

For inquiries, complaints, or claims regarding the Application or this EULA, please contact:

Dental Shades Avenue Support

Gartenstraße 14, Bad Soden, Germany 65812

info@dentalshadesavenue.com

  1. Data Subject Access Request Mechanism:

Dental Shades Avenue is committed to facilitating your rights under GDPR. To exercise your right to access your personal data, rectify inaccurate data, or request erasure of your data (subject to legal exceptions), you can submit a written request to our email address provided in Section 17 (Contact Information).

Your request should clearly state your desired action (e.g., access to data, rectification, erasure) and any relevant information to help us identify your data (e.g., your name, email address associated with the Application). We will respond to your request within a reasonable timeframe, typically within one month of receipt. However, this period may be extended by an additional two months if the request is particularly complex or you make multiple requests. We will inform you if an extension is necessary.

  1. Updates to the EULA:

We reserve the right to update this EULA at any time. We will notify you of any material changes by posting the revised EULA on the Application or through other reasonable means. Your continued use of the Application after the posting of the revised EULA constitutes your acceptance of the new terms.

  1. Assignment:

We may assign our rights and obligations under this EULA to a third party without your consent. You may not assign your rights or obligations under this EULA without our prior written consent.

  1. Third-Party Beneficiaries:

This EULA does not confer any rights or benefits on any third-party beneficiary.

  1. Force Majeure:

We will not be liable for any delay or failure to perform our obligations under this EULA if such delay or failure is caused by an event beyond our reasonable control, such as acts of God, natural disasters, war, terrorism, or government regulations.

  1. Effective Date

This EULA is effective as of the date first written above.

BY DOWNLOADING, INSTALLING, OR USING THE APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS OF THIS EULA.

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