Please read this document carefully. When you use this application, the Invisalign Dentist Consultation app (the "App"), you are agreeing to the terms of this document. If you do not agree with terms of this document or you are not an Invisalign provider in the United States or Canada, please do not use the App.
1.1 The App is a tablet platform for use solely by Invisalign providers ("you", and "your") to allow you to demonstrate the Invisalign system to your patients as a potential orthodontic solution, including how it works and what your practice can offer to the patient (the "Service") by using pre-loaded content, information, data, images, sound or visual recordings or other material available through the App (the "Content").
1.3 The App is provided by ALIGN TECHNOLOGY INC ("we", "us" and "our"), a company incorporated with limited liability under the laws of the State of Delaware and whose registered office is at 2560 Orchard Pkwy, San Jose, California 95131, United States (Tel.: 1-888-822-5446).
1.5 If you want to use the App, you must accept these Terms when prompted on your device. This will create a binding legal contract between you and us. If you do not agree to the Terms, please do not press to accept them and you will not be able to use the App. To use the App, you must be 18 or older, have the power to enter into a binding contract, be a licensed dentist who is resident in the United States or Canada, and be an Invisalign provider. Please note that if you do not meet this criteria, then you should not access and use the App.
3. Your Use of the App
3.1 By accepting these terms, you acknowledge and agree to us tracking usage of the App to determine the number of users downloading the App and how they use the App, including how frequently content is shared with patients as well as actions and events performed via the App. We do not track the identity of users downloading the App.
3.2 We retain ownership of the App and its associated intellectual property, including for the avoidance of any doubt all trade marks, branding and get up.
3.3 We grant you a non-exclusive, non-transferable right to use the App's features solely for the purpose of demonstrating the Invisalign system to your patients as a potential orthodontic solution and details of how you can offer the treatment to your patients, subject to these Terms. You are not entitled to use the App itself or the Service or any Content in the App for any other purpose. All rights not expressly granted to you by us in these Terms are reserved by us.
3.4 You agree:
(a) that you will not use App for any illegal purpose or in any way that interrupts, damages or impairs the App;
(b) not to use the App to transmit any viruses (or similar malicious code) or any material that is infringing, obscene, defamatory, threatening or unlawful or that may harm us or any third party;
(c) to compensate and defend us fully against any claims or legal proceedings brought against us by any person as a result of your breach of these Terms;
(d) to keep your account username and password secure at all times and not to disclose your account username and/or password to any other person;
(e) not to allow any other person to use or access your account;
(f) to use the App in compliance with all relevant advertising laws and regulations, the applicable guidelines on advertising and promotions and any standards, rules and regulations which you required to comply with by your governing body or otherwise as a licensed dentist in the United States or Canada;
(g) not to display, circulate, publish, retransmit, redistribute, reproduce, duplicate, copy, sell, resell or otherwise exploit, or provide any kind of access to all or any part of the App by any means or medium now or hereafter created; and
(h) not to modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Content, the App or the Services, except that you may upload Your Content.
3.5 Any photos taken for purposes of actual or potential treatment may contain protected health information and may be protected under applicable data protection laws and regulations. It is your responsibility to comply with any and all applicable laws and regulations when using, disclosing or transmitting patient information.
4.1 We may terminate these Terms and close your account at any time without notice if we cease to provide the App.
4.2 We reserve the right to suspend, restrict or terminate your access to the App at any time without notice if we have reasonable grounds to believe you have breached any of these Terms.
4.3 Suspension, restriction or termination of your access to the App will not limit our right to take any other legal action against you that may be appropriate.
4.4 You may stop using the App at any time by closing your account.
5. Our Legal Obligations
5.1 Nothing in these Terms excludes or limits our or your liability for death or personal injury caused by our negligence or for fraud or fraudulent misstatement.
5.2 You agree that we will not be liable for:
(a) losses, damage, costs or expenses not caused by our breach of these Terms;
(b) the actions or omissions of other users of the App;
(c) any indirect or consequential loss or damage, which means a loss suffered by you which is a side effect of the main loss or damage and where we could not have anticipated that type of loss arising when you agreed to these Terms; or
(d) any harm, loss or damage suffered by you or anyone else if the App is interrupted, suspended or otherwise not provided to you or if we do not comply with these terms because of events beyond our control (for example, industrial disputes, technical difficulties, failure of or delays in communications networks, acts of terrorism or power failure).
5.3 For any loss or damage suffered by you or anyone else that may arise from use of the App and which is not otherwise excluded under this Clause 5, our liability is limited to $100 or C$130.
6. Technical Limitations
6.1 We do our best to provide an App you'll enjoy, but the App is provided without express or implied warranty or condition of any kind, on an "as-is" basis.
6.2 You acknowledge and accept that your access to the App is dependent on connectivity over communications networks and facilities that are outside of our operation and/or control and that your use of the App may be subject to limitations, delays and other problems inherent in the use of such networks and facilities.
6.3 Taking this into account, we give no warranty that your use of the App will be uninterrupted or error free. You acknowledge and accept that we are not responsible for any loss or damage of any kind that you may suffer as a result of any interruption or delay to your access to the App, or as a result of any failure or error in the transfer of data over those networks and facilities in connection with your use of the App.
7. Third party services
7.1 The App enables you to demonstrate the Invisalign system to prospective patients. Your role as an Invisalign provider is governed by a separate set of terms, and you should refer to those terms for your rights, remedies and obligations in relation to your role as an Invisalign provider.
7.2 We do not endorse or take any responsibility for statements, advertisements or any content whatsoever transmitted through, or linked to from, the App by other users or third party service providers.
7.3 We use Google Analytics in relation to the App. This is a web analytics service provided by Google, Inc. Google Analytics sets a cookie in order to evaluate use of those services and compile a report for us. We may also use other third party analytics service providers in relation to the App.
8. Contacting Us
8.1 If you need to contact us, please email us at 1-888-822-5446 or write to us at 2560 Orchard Pkwy, San Jose, CA, 95131, United States.
9.1 Any disputes in connection with these Terms will be governed by and interpreted in accordance with the laws of California. If you choose to bring proceedings in connection with these Terms you must do so in the courts of California.
10. Other Important Legal Terms
10.1 We can assign, sub-contract and/or otherwise transfer any or all of our rights and/or obligations under these Terms to any company, firm or person. We will only do this if it does not affect your rights under these Terms. Please note that you may terminate your agreement with us at any time. You may not transfer your rights or obligations under these Terms to anyone else.
10.2 If you breach these Terms and we take no action against you, we will still be entitled to enforce our rights and remedies against you in relation to that breach and to use our rights and remedies in any other situation where you breach these Terms.
10.3 If any part of these Terms is disallowed or found to be ineffective by any court or regulator, the remainder of the Terms will continue to govern each of our respective obligations.
10.4 These Terms are not intended to give rights to anyone except you and us.
10.5 Except as otherwise expressly stated, these Terms contain the entire agreement between us and you relating to use of the App and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between us and you relating to use of the App.
10.6 This Agreement is drafted in the English language. If this agreement is translated into any other language, the English language version shall prevail.