Terms of Use of the Platform (SaaS)

These Terms of Use (hereinafter the "Terms") govern the access to and use by the Client of the CadSmile Platform, provided as a SaaS (Software as a Service) solution.

Any use of the Platform implies full and unconditional acceptance of these Terms. These Terms are accessible at any time on the Platform and are provided to the Client together with the Terms of Sale.

The Client is advised to regularly review these Terms, which may be modified at any time without notice.

The Client agrees, each time it uses the Platform, to comply with these Terms, the applicable version of which is the one present on the Site at the time of its visit.

Article 1 - Definitions

For ease of reading, the following terms are defined in accordance with the Terms of Sale:

• Platform: refers to the CadSmile SaaS software accessible online.
• Subscription: refers to the paid subscription plan, monthly or annual, allowing the Client to access the Solution and benefit from the Services, under the terms set out in the Special Conditions.
• Account: refers to the personal space created by the Client or User, enabling secure access to the Solution.
• Client: refers to any professional, whether an individual or a legal entity, acting in connection with its business, who has subscribed to a Subscription for the Services offered by Cadsmile.
• Special Conditions: refers to any contractual document issued by Cadsmile and accepted by the Client, specifying in particular the Subscription plan chosen, the financial terms and, where applicable, the specific Services.
• Agreement: refers to the contractual whole formed by these Terms of Sale, the Special Conditions and any appendices thereto.
• Data: refers to all data, information, documents and content, including health data, provided, imported or generated by the Client or Users in connection with the use of the Solution.
• Exports: refers to the files, documents, results, analyses or content generated by the Solution from the Data.
• Party(ies): refers individually or collectively to Cadsmile and/or the Client.
• Practitioner: refers to any healthcare professional authorized to use the Solution, including dental surgeons, orthodontists, implantologists or, where applicable, dental technicians.
• Student / Intern: refers to any person undergoing training in a dental healthcare profession, authorized to use the Solution under the conditions set by Cadsmile.
• Solution / Platform: refers to the "Cadsmile" software solution provided as a SaaS (Software as a Service), accessible remotely via the internet.
• Services: refers to all the features, tools and services provided by Cadsmile through the Solution, as described in its technical and commercial documentation.
• Tokens / Credits: refers to the consumption units allowing access to certain specific features of the Solution.
• User: refers to any individual authorized by the Client to access the Solution in the course of its professional activity.

Article 2 - Purpose of the Terms

The purpose of these Terms is to define:

• The conditions of access to and use of the Platform.
• The rights and obligations of the Provider and the Client.
• The rules regarding security, confidentiality and intellectual property.

These Terms supplement the Terms of Sale, which prevail with respect to the business relationship, payment, and principal contractual obligations.

Article 3 - Purpose and description of the services

CadSmile offers a software platform intended for dental professionals, enabling:

• clinical and radiological analysis;
• design of aesthetic simulations (smile design);
• transcription, summarization and automatic generation of clinical documents;
• use of a conversational assistant to answer general questions about dentistry;
• design assistance for implant-related projects.

The results generated are intended as assistance and do not replace the expertise, clinical judgment or ethical obligations of the Client.

Article 4 - Access to and use of the Platform

Access to the platform requires Clients to create a user account with a valid email address, and to have an Internet connection and an up-to-date browser.

When creating an account, Clients are entitled to a one (1) month free trial.

The user agrees to update this information in the event of any change.

Clients are responsible for the security of their login credentials and must take the necessary measures to protect them. Any use of the account, whether authorized by the user or not, is the user's responsibility.

Clients must use the Platform in accordance with these Terms and applicable laws. It is strictly prohibited to:

• Engage in illegal or fraudulent activities.
• Violate the rights or safety of third parties.
• Interfere with the operation of the Platform.
• Access the Platform's systems without authorization.

In the event of a breach of these Terms, Cadsmile may deactivate an account or even terminate the agreement.

Article 5 - Intellectual property

All content, information and documents provided in connection with our services, including logos, text, images, videos, etc., are the exclusive property of our company and are protected by intellectual property laws. You agree not to use, copy, reproduce, distribute or modify this content for purposes other than personal use without our prior written authorization.

The Client is granted a personal and professional right of use of the Services and the results generated, within the scope of its subscription.

Any unauthorized reproduction, modification, distribution or exploitation of the Platform or its content is prohibited.

Content generated by the Client via the Platform remains the property of the Client, in accordance with the Terms of Sale.

Article 6 - Personal data and confidentiality

We process your personal data in accordance with our Privacy Policy available on our website, as well as everything relating to the use of cookies or similar technologies, detailed in our Cookie Policy.

We are committed to taking all necessary measures to protect your data and ensure its confidentiality.

Cadsmile undertakes not to share or disclose this data to third parties.

Article 7 - Liability

Cadsmile's liability and limitation of liability:

Cadsmile is responsible for providing a functional and secure Platform, but cannot be held liable for service interruptions or malfunctions caused by external factors.

Cadsmile makes every effort to ensure the accuracy and up-to-date nature of the information provided on the Platform. In the event the Platform is unavailable due to technical malfunctions, Cadsmile cannot be held liable.

Cadsmile cannot be held liable for content, services or products offered by third-party companies via external links.

Clients' liability:

Clients are responsible for the proper use of the Platform, in particular with respect to the security of their credentials and the actions carried out through their account, the management of content and any interactions. In no event shall our company be held liable for indirect, special, consequential or punitive damages.

Article 8 - Term and termination

Access to the Platform is tied to the Client's subscription.

In the event of termination of the subscription or deletion of the Account, access is immediately interrupted.

Data may be deleted in accordance with the data reversibility policy set out in the Terms of Sale, subject to legal retention obligations.

Article 9 - Force majeure

Obligations are suspended in the event of force majeure (disasters, conflicts, pandemics, etc.). The effects and terms of termination are specified in the Terms of Sale (Article 18).

Article 10 - Modification of the Terms

CadSmile reserves the right to modify these Terms of Use at any time. Any modification will be communicated to Users in advance, by any appropriate means, in particular by email or via the Platform, within a reasonable period before it takes effect.

The new Terms apply from the date they are posted online.

The User is deemed to have accepted the modified Terms by continuing to use the Services after they take effect.

If the User does not accept the new Terms, the User is free to stop using the Services.

Article 11 - Governing law and jurisdiction

These Terms are governed by French law.

In the event of a dispute, the competent courts are those specified in the Terms of Sale (Commercial Court of Paris).