Terms and Conditions | DentalGenius
1. Applicability
1.1. These service terms apply to all offers and contracts where DentalGenius provides its software solution (“Software”) to a customer (“Customer”).
1.2. Deviations and additions to these service terms are only valid if agreed upon in writing between the parties.
1.3. The applicability of the purchase or other terms of the customer is expressly excluded.
2. License
2.1. DentalGenius grants the customer a non-exclusive, non-transferable, non-sublicensable, revocable license to use the software.
2.2. The customer may not (i) make the software available to third parties or (ii) use it in a way that infringes the rights of third parties or the law (or in a way that is harmful to DentalGenius or any third party).
2.3. The standard license period is one month, which is automatically renewed monthly (unless either party notifies the other at least sixty days before the end of the term of non-renewal).
2.4. A contract may be terminated immediately and without notice by either party if the other party is declared bankrupt, applies for suspension of payments, is liquidated, closed, or otherwise ceases, or threatens to cease its business operations.
3. Fees and Payment
3.1. The Customer owes DentalGenius a fixed monthly amount. This amount depends on the selected plan.
3.2. All fees are exclusive of sales tax (VAT).
3.3. Amounts must be paid by the Customer in accordance with the agreed payment terms, failing which a payment term of 14 days applies. The customer may not suspend any payment or offset amounts.
4. Liability
4.1. The total liability of DentalGenius to the Customer is limited to the total amount of fees paid by the Customer in the previous twelve months, unless the liability is due to intentional misconduct or gross negligence by DentalGenius.
4.2. DentalGenius is never liable to the Customer for any indirect, special, incidental, consequential damages or for any loss of profits, loss of use, data or opportunities, costs of data reconstruction, costs of obtaining substitute goods or services.
5. Confidentiality and Personal Data
5.1. Except where necessary for the execution of a contract, DentalGenius and the customer commit to not using or disclosing information obtained from the other party that is known or can reasonably be assumed to be confidential.
5.2. If at any time the Customer foresees that DentalGenius will process personal data for which the Customer is the data controller, the parties shall enter into a data processing agreement.
6. No Warranty
6.1. DentalGenius provides no warranty regarding the software, including its availability or fitness for a particular purpose. The software is provided on an ‘as is’ and ‘as available’ basis.
6.2. DentalGenius may maintain and modify the software at its own discretion.
7. Choice of Law and Forum
7.1. Any proposal or contract is governed by the law of the Netherlands, excluding the Vienna Convention on Contracts for the International Sale of Goods.
7.2. Any dispute related to the delivery of the software to the client will be submitted exclusively to the competent court in Amsterdam, Netherlands.
Last updated | 1 Aug 2024