TERMS AND CONDITIONS
Please read these terms and conditions of use of the application miioSmile carefully before using it.
Each time you use the Application, you agree to the terms and conditions contained in this document.
If you do not agree to the terms and conditions set forth in full, do not use the Application.
By accessing or creating an account, you expressly accept all the provisions contained in this document. All provisions of the Terms and Conditions are a legally binding agreement between you and Miiosmile Digital SRL. If you do not agree with any provision in document, please do not use our services.
When this document mentions " miioSmile", "we" or "ours", it refers to the Romanian legal entity MiioSmile Digital SRL, with headquarters in Romania, Craiova, Calea Bucuresti, no. 58 building D2, entrance 5 floor 4 ap. 10, bearing the Trade Register no. J16/1166/2018 and the unique identification number 39373080, which makes the services under of this TaC.
We reserve the right to suspend, delete, or otherwise sanction any user in accordance with the TaC provisions and privacy policies of this document.
MODIFYING THE TERMS AND CONDITIONS
miioSmile reserves the right to modify, add, terminate these Terms at any time by publishing the Modified Terms under section "Terms and Conditions" of the Application. Users are required to permanently check the "Terms and Conditions" section to make sure they are aware of updating or changing the terms.
Except where otherwise expressly stated, the modification of the Terms is immediately applicable. If the application continues to be used, the User's acceptance will be deemed to have been tacitly manifested.
In the event of any discrepancy between the User and miioSmile regarding the published version of the document, the latest published version is applied.
miioSmile is a platform developed by MIIOSMILE DIGITAL S.R.L intended to reduce the communication time between the dentist and the dental technician by passing information between them.
miioSmile consists of 3 software interfaces:
- Mobile interface intended for dentist type users;
- Mobile interface for dental technician type users;
- Web-based interface for dental technician type users;
We define a user as any registered individual who uses the solution miioSmile. Physicians and technicians register independently in the application.
Access to your account will be granted only after the application has been downloaded, based on the user's personal information, which must be accurate, current, and complete.
Although the download and use of the basic application capabilities are free, in order to use all the services in the application, the user has to purchase one of the subscription packages. The messaging module in the application can only be used by purchasing one of the subscription plans.
A single account is allowed for each user. Any violation of this provision may result in termination of all accounts.
When one dentist type user wants to work with one of the platform technicians, he will have to send a connection request to the dental technician he wants to work with, to add the technician to his own network of collaborators.
In order to be able to pass on details about a work to the dental technician, it is necessary that he accepts the connection request in the application miioSmile.
If the technician with whom the doctor wishes to collaborate has no account in the platform miioSmile, he will receive a link to the email address with an invitation to join the platform.
The physician looks for technicians and the list will be displayed, if he is not in the application, the physician can send him an invitation to download.
After connecting the dentist with the dental technician, the physician sends the latter the details of the work for which he had contacted him.
After checking the work sent by the physician, the technician notifies the status of the job through the application notification system. Job status notifications are as follows: "retrieved", "delayed", "completed".
For each work, the doctor and the technician can talk through the messaging service.
In this document, the following terms will have the following meanings:
- "dental practitioner / dentist" is any specialist in dental medicine who holds a certificate of free practice. This specialist is certified and can legally undertake these activities;
- "dental technician" is a qualified and authorized person to practice the profession of dental technician
- "patient" is a healthy or sick person who uses the dental health services provided by one of the dentists who uses the application miioSmile;
- "messaging miioSmile " is the messaging feature used in the mobile application. Users of the solution miioSmile, dentist type users in relationship with the dental technician, can communicate with each other through written messages / image type within the solution at any time.
- "user" is the person who is the dental practitioner or dental technician who downloads and uses the application miioSmile. The user will use the Application for the purpose and conditions provided in these Conditions.
- Subscriptions can only be purchased through the mobile application and the online payment of the chosen package will be made through GooglePlay and AppStore. To learn more about payment rules, please read the terms and conditions of these platforms.
- "personal data" - represents the user identification data, as well as any other information inserted by the users, which will be retrieved in order to allow the use of the service miioSmile.
- "notification" - alerts the User about the status of the action initiated through the application miioSmile.
- "work status" - a messaging alert received within the application miioSmile through which the dentist is informed about the status of the work done by the collaborating dental technician.
USING THE APPLICATION
In order to use the Application, we ask users to create an account when installing the application. The simple download of the application is insufficient to use it.
Users must be at least 18 years of age and meet other legal conditions for the quality they own.
The services offered by miioSmile are currently in their initial phase but are constantly evolving to provide a better user experience because their shape and / or nature can be changed over time. If there are any such changes that may alter the user's rights and obligations, you will be notified. Consequently, if you want to continue using the services, you must accept the changes. Should any and all changes that concern technical issues, optimization procedures change, or that do not change the rights and obligations of the user, but only change the general experience, the user will not be notified. Please do not hesitate to occasionally check our terms for any updates.
If you become aware that your underage child (ie under 18) has provided us with personal information, please contact us at firstname.lastname@example.org
. We do not knowingly collect personal information from minors. If we become aware that a user is under 18 and has provided us with personal information, we will take the necessary steps to remove that information and to delete the child's account.
In exceptional cases, with the express consent of a parent / guardian, the dental practitioner may store the minor’s data in the application miioSmile.
The services from the application miioSmile can be used or accessed by dentists and dental technicians via smartphone or tablet devices. Dental technicians can also connect to the application miioSmile and through a web interface on a laptop or desktop computer at miioSmile.
When using our services with older devices and / or various operating systems, you may experience technical problems, including complete incompatibility. We encourage you to promptly report such technical issues to email@example.com
. In this sense, miioSmile and its successors are not in any way responsible.
To use the solution miioSmile you need to have an active Internet connection to download and configure it effectively.
Service miioSmile may be subject to events that may result in temporary or permanent disruption of the provision to its users of its services or any related features. It will give prior notice to its users unless it is unable to do so in accordance with the terms and general law.
Because the solution miioSmile is in continuous technical development, there may be some software bugs, discrepancies, defects, or any other issues that may hinder the user's activities. If any troubleshooting can occur, please send your feedback and contact firstname.lastname@example.org
as soon as possible. It should be noted that once you send feedback or any such messages, they will become the property MiioSmile Digital SRL by assignment without geographical limits, no time limits, complete, exclusive.
All communications are secure and encrypted.
INTELLECTUAL PROPERTY RIGHTS
Service miioSmile in its entirety, the mobile application, the software and all content are protected by intellectual property rights, author, video content, trademark, patent, domain name, trade name, industrial design, and other related rights.
By registering and / or accessing the solution miioSmile, any and all users, medical experts, dental technicians and any third parties confirm and agree that it is forbidden to reproduce, duplicate, sell, distribute, assign, license, modify or delete the watermark, modify or delete the content or otherwise violate the rights related to the solution miioSmile without prior written consent from MiioSmile Digital SRL or any of its authorized representatives.
Thus, with regard to miioSmile, the application or any other iteration of the self, and all its related rights, belong to the Romanian legal entity MiioSmile Digital SRL, headquartered in Romania, Craiova, Calea Bucuresti, no 58 building D2, entrance 5 floor 4 ap 10, bearing the Trade Register no. J16/1166/2018 and unique identification number 39373080. Should you need additional information, feel free to contact us at email@example.com
Any illegal copying or attempt to illegal copying any of the elements that make up the Application (algorithm, interface, logo, trademark and the like) will be punished according to the applicable law, both on civil side, by providing compensation for the damage suffered by ... miioSmile, as well as on the criminal side according to the committed deed.
RIGHTS TO DELETE THE INFORMATION
You hereby acknowledge and agree that all information provided during the registration process is correct, up-to-date and complete. In addition, you agree to update all information whenever there is a change so that it remains accurate, current and complete.
We reserve the right to suspend, delete, limit or otherwise sanction any user, as per the present document.
Whenever the user believes that there are suspicions about fraudulent use of the account, they must report this immediately and accurately by contacting firstname.lastname@example.org
By accessing or using the services, the user (dentist, dental technician) is fully responsible for any content posted, transmitted, displayed, transmitted privately from his account found in messages sent through the messaging service, and acknowledges that he will be subject to the full degree of legal consequences.
As far as the user account password is concerned, the user is the only person responsible for keeping it safe. Thus, they acknowledge and agree that they will not communicate in any way to a third party and that they are fully responsible for all actions taken within the application miioSmile under that account, even if these actions are not authorized by the User.
We cannot control the behavior of dentists, dental technicians or users in using the solution miioSmile, especially since none of these parties is acting on our behalf in any capacity. Consequently, any liability for the use of the solution miioSmile is for the users.
The user acknowledges and agrees that we are not obliged to investigate, verify or otherwise inspect the progress or welfare of the user.
The solution miioSmile is designed to provide a quick way of communication between the dental technician and dentist and is not a medical solution in any way or shape.
MiioSmile Digital SRL, as well as dentists, dental technicians and any other party involved in the creation, development or delivery of the solution miioSmile are not responsible for any direct, indirect, correlated, specific determined damages or injuries caused by the use of miioSmile resulting from, but not limited to:
- account login data or loss of information data;
- discontinuing services for any period of time;
- failures of the application type glitches, bugs or problems;
- battery leakage or explosion outbursts;
- inaccurate reading, data collection, or information processing while using the solution miioSmile;
- late or no response for any message, request, or report sent via the messaging system miioSmile;
In this respect, the user agrees that he is fully responsible for the accuracy of all the information he has posted, transmitted, displayed, or transmitted privately, including messages sent through the messaging service, thereby consenting that any content that may violate the terms of this document, may be suspended, removed, or may result in penalties with respect to that user's account.
miioSmile will process the user's data only for the purpose of enabling the user to use the Application and services in the application.
For more details on data processing, see the "Personal Data Processing Policy" section.
The user undertakes to use the Application for the purpose for which it was created.
The user undertakes to not distribute photos or images, written texts or any messages with pornographic or sexual content through the Application.
The user is not allowed to use the Application:
- in a manner that would be prejudicial to the Terms, any law, or which is, in every respect, illegal or fraudulent;
- to send, receive, upload or download, use any material that is abusive, indecent, defamatory, obscene, or threatening through the Application.
- to send, receive, upload or download, use any material that is unrelated to the purpose for which the Application was created;
- infringement of copyright or confidentiality of information;
- by using materials that may contain viruses or similar programs that may cause overload, followed by harm to the Application and / or Users.
- to distribute advertisements or promotional materials through the Application;
(a) accessing data not intended for the User or entering an account that the User does not have permission to access,
(b) trying to interfere with, interrupt, or make the application unusable including, but not limited to, means of overloading, i.e. sending large amounts of emails or other information to an individual email address or to another User of the Service;
- by any actions and inactions that may harm the image, name, trademarks or any other rights of miioSmile
The user will respond to requests for information made by miioSmile on the use and security of the Application, in a timely and prompt manner. miioSmile is not liable for any damages caused to the User as a result of delayed or inappropriate answers.
The user agrees that miioSmile cannot control the content of the information made available, and that miioSmile does not take, under these Terms, any liability for the transmission or receipt of illicit information that violates rights and obligations of any kind.
The user is strictly forbidden to integrate the Application with other sites or vice versa, without first having the written consent of miioSmile.
The user is strictly prohibited from using the Application to destroy or alter the content or security of the Application, or to discredit or harass its partners, customers, or employees, products, services, and employees. Also, the injunction also addresses the same actions against other users that it has become aware of, regardless of the way in which it came into possession of that information.
miioSmile is obligated to provide the services to the User in accordance with these Conditions and according to a reasonable standard of professionalism and diligence.
miioSmile will make every effort to ensure access to the Application. The application can be permanently accessed except for the following situations:
a) situations where the related technical service providers encounter difficulties in fulfilling their tasks.
b) scheduled maintenance periods, which may be announced to Users in case that the period during which the Application is not functional lasts for more than 72 hours.
c) if the impossibility to access the Application is caused by circumstances that miioSmile reasonably cannot control them, such as lightning, floods, extreme weather conditions, fires, explosions, wars, public order disorders, labor disputes or actions by local or central public authorities or other competent authorities, or acts or omissions of third party service providers, miioSmile will not be liable to the User for any damages.
miioSmile will make every reasonable effort to allow the Application to be promptly and continuously used, but it will not be held responsible for no loss of data due to delays, non-repayments, improper supplies or service interruptions due to events that cannot be controlled by miioSmile or due to errors or omissions of the User.
The User undertakes to indemnify and to exonerate and hold harmless any liability, loss, claim or expense that may arise from the breach of these Terms by the User, as well as from the transmission or receipt of any information requested or made available by the User in the Application miioSmile
If there is a conflict between miioSmile and User, try to solve them amicably.
If the conflict cannot be settled amicably, the parties will appeal to an arbitrator or a court of Craiova, Romania.
BREACH OF TERMS AND CONDITIONS
In the event that the User breaches any of the terms and conditions of these Terms, miioSmile reserves the right to suspend temporarily or permanently, without any prior notice the User access to the application miioSmile and related services.
miioSmile may order the exclusion of a User from the Application if abuses in this regard are identified or reported by users.
The data contained in miioSmile, including the text, images, and graphics, are for informational purposes only. Use of the app and site is not intended to be a substitute for professional medical, communication and you should promptly contact your technicial dental or medical dentist regarding any medical conditions or medical questions that you have abouat the pacient. THE APP AND WEB SITE DO NOT OFFER MEDICAL ADVICE, AND NOTHING CONTAINED IN THE CONTENT IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE FOR MEDICAL DIAGNOSIS OR TREATMENT. The information contained in the app and site delivers similar information to that of a written file that help dentist collaborate with dental technician. miioSmile accepts no responsibility for the correctness of any information added in the app in whole or in part upon the use of this app and site. The data represent the current view of the individual author and do not necessarily represent the view of miioSmile or other contributing institutions.
Although great care has been taken in compiling and checking the information given to ensure accuracy, miioSmile, the authors, their employers, the sponsors, and their servants or agents shall not be responsible or in any way liable for any errors, omissions, or inaccuracies, whether arising from negligence or otherwise, or for any consequences arising therefrom.
DISCLAIMER OF WARRANTIES. THIS APP AND WEB SITE AND ITS CONTENT ARE PROVIDED “AS IS.” MIIOSMILE MAKES NO REPRESENTATIONS OR ENDORSEMENT ABOUT THE SUITABILITY FOR ANY PURPOSE OF PRODUCTS AND SERVICES AVAILABLE THROUGH THIS APP AND WEB SITE. WE DO NOT GUARANTEE THE TIMELINESS, VALIDITY, COMPLETENESS, OR ACCURACY OF THE CONTENT. WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE CONTENT, SERVICES, AND ALL OTHER INFORMATION CONTAINED ON AND/OR MADE AVAILABLE THROUGH THIS APP AND WEB SITE, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY OF THIS APP AND WEB SITE.
miioSmile is not responsible for the usage or interpretation of exported data.
This version was updated on 14.03.2019