Terms of use Dental Coach mobile app

Dental Coach

1. These terms of use (“Terms of Use”) describe the conditions under which the mobile application (“App”) of Dental Coach can be used.
2. The App is provided and managed by Dental Coach. Dental Coach is a trademark and trade name of Dental Coach VOF in Goutum. The partnership is registered with the Chamber of Commerce under the Chamber of Commerce number 83134530. For questions about the use of this App, please send an e-mail to info@dentalcoach.app

Dental Coach App:

1. The purpose  of the App is to guide patients individually towards optimal oral health/mouth hygiene and to record personal dental relevant data for use by a patient (“Patient”) and specific dental data for use by the dental care provider (“Health Care Provider”). In this context, the Health Care Provider is the oral hygienist, dentist, periodontist, prevention assistant, orthodontist, dental surgeon or other dental care provider who uses the App as an aid in the dental treatment of the Patient and for prevention.
2. After installation of the App, the user (“User”) must agree to accept the Terms of Use for the App. It can be downloaded via the Appstore or Google Play. The Terms of Use will be clarified prior to the aforementioned actions.
3. The processing of personal data by Dental Coach is in accordance with applicable laws and regulations and is described in Dental Coach’s Privacy Statement (“Privacy Statement”).
4. The Terms of Use and Privacy Statement can also be consulted and downloaded via www.dentalcoach.app and will be sent upon request.
5.  If the App makes use of the services of third parties, the general terms and conditions, the privacy and cookie policy (if any) of the relevant third parties shall also apply. Dental Coach is not responsible for the services and the privacy and cookie policy of third parties. In the event of inconsistency, these Terms of Use shall prevail.
6. If goods and/or services are purchased from third parties or Dental Coach through use, additional conditions may apply. To the extent that such additional conditions conflict with the Terms of Use, the Terms of Use shall prevail.
7. Dental Coach reserves the right to change the Terms of Use at its own discretion and when it wishes to do so.
   

Use App 

1.  Use of the App is at your own risk. 
2. The App can be installed for use by the Patient. The Patient is User as referred to in the Terms of Use. If the Patient has not yet reached the age of 16, the use of the App requires the consent of the Patient’s parents/guardians.
3. The Patient enters contact details upon installation. Dental Coach is not responsible for incorrect data entry and any consequence resulting from this incorrect entry. 
4. The Patient chooses which Health Care Provider the App can be linked to. This link is made by scanning the App linked to a practice QR code. The data from the App will then appear in the dashboard of the Health Care Provider. Dental Coach has no say in this.
5. By linking via the QR code, the Patient gives consent for the insight into and use by the Health Care Provider of his (personal) data. These (personal) data are used to draw up a tailor-made treatment and prevention program and to monitor the progress of this treatment and prevention. The Health Care Provider ensures the input of the Patient’s dental data into the App, such as missing teeth, dental implants, type of toothbrush, toothpicks, brushes, etc. For the processing of the aforementioned data, Dental Coach refers to its Privacy Statement.
6. Based on the data entered, certain materials and products can be linked to the use of the App. Among other things, the App creates an implant passport for the Patient and provides personalized suggestions for dental care.
7. Dental Coach has at all times the right to modify the App, to change or delete data, to   deny the User the use of the App by terminating a subscription, to limit the use of the App or to deny access to the App in whole or in part, temporarily or permanently. Dental Coach shall inform the User in an appropriate manner.

Cost of use

1. Use of the App by the Patient is free of charge.

Obligations Dental Coach

1. Dental Coach will take care of maintenance of the App and (continuous) updates where necessary.
2. If maintenance by Dental Coach (temporarily) interrupts the operation of the App content, Dental Coach will ensure timely notification of this maintenance.
3. Dental Coach will provide appropriate security measures, taking into account physical, electronic and procedural safeguards. This includes best practice safeguards such as firewalls and data encryption. For further security measures, Dental Coach refers to the Privacy Statement.

User’s obligations

1. The User is solely responsible for the use of the App.
2. For the avoidance of misunderstandings, the User hereby confirms that the User is not free to offer and use the App as his own web application (or under any other label whatsoever), regardless of its use, anywhere in the world, whether or not in translated form. The User is not free to develop similar apps (or have them developed). The use referred to herein also includes the placement of advertisements and other forms of advertising.
3. In addition, the User is not free to further develop the App for its own use or to use it in any other way for commercial purposes.
4. The User has no permission to make changes to the App. This does not include uploading content necessary to personalize and optimize the App for treatment.
5. The User is responsible for the necessary system requirements and internet connection to use the App.
6. The User is obligated to use the App in accordance with applicable laws and regulations.

Web shop

1. Based on the data in the App, the User can choose to order products in the Dental Coach web shop. The choice for the products advised by the Health Care Provider is made through consultation between the Patient and the Health Care Provider. Dental Coach is in no way liable for the choice of product.
2. Deliveries from the Dental Coach web shop are made by a third, external party. Dental Coach cannot be held responsible for any actions of that party. Nevertheless, questions regarding the delivery may be addressed to Dental Coach. Dental Coach refers to the Privacy Statement with respect to the security measures concerning the Patient’s data that are necessarily shared with the supplier.
3. Defective products can be returned to Dental Coach. Dental Coach will, within 14 days after receipt of the defective product, arrange for a refund of the entire purchase amount or, if desired, a new (same) product, provided it is in stock. 
4. In order to exercise the right of return as stated in 5.3, Dental Coach must be contacted within 14 days after receipt of the product at the latest.
5. Products ordered based on incorrect advice by the Health Care Provider can explicitly not be returned. In this regard, the Patient should contact the Health Care Provider.

Personal data

1. After installation of the App, the User must enter his personal data for optimal operation of the App. Dental Coach’s Privacy Statement applies to the processing of that personal data and to the App as a whole.
2. If Dental Coach detects misuse of personal data by third parties, Dental Coach shall immediately inform the User.
3. Entered data shall remain the property of the User. The User can at all times change or delete the data entered by the User via the settings of the App.
4. The User indemnifies Dental Coach against all violations of the User’s privacy. Dental Coach does, however, take measures to prevent violations and refers to the Privacy Statement for this purpose.

Intellectual property rights

1. All intellectual property rights relating to the App (including in any case copyrights, trademark rights and database rights) are held exclusively by Dental Coach. The User does not acquire any rights. 
2. The User shall at all times respect Dental Coach’s rights and ensure that its use of the App in no way damages Dental Coach’s rights.
3. Dental Coach and the User indemnify each other and hold each other harmless for all claims and demands, under whatever title, from third parties that are based on the results of the work and input of data by parties that infringe the rights of third parties.

Liability

1. With regard to the operation and quality of App, the ‘Best Effort’-principle applies. Dental Coach does not guarantee that there are no errors in the App.
2. Dental Coach does not guarantee the content, reliability and availability of the App, nor for security incidents in the transmission or use of (personal) data via the App.
3. Dental Coach shall not be liable for any direct, indirect or consequential damage resulting from the use of the App, except for liability based on mandatory law.
4. Dental Coach shall under no circumstances be liable for any damage suffered by the User or costs incurred by the User as a result of:
   – failure to gain access to the App or to use the App for any reason whatsoever, or in case of delay of the App;
   – a device used in conjunction with the App is damaged or does not work;
   – the User has entered incorrect information in the App, or, in the case of a Health Care Provider, has been given incorrect advice;
   – the User violating the Terms and Conditions of Use or the rights of other persons;
   – the Health Care Provider gives wrong advice for the treatment/care of the teeth
   – the User incorrectly implements the advice/suggestions given in the App.
5. Dental Coach is also not responsible for any (consequential) damage with respect to products ordered via the web shop of the App, if:
   – there is an incorrectly ordered product;
   – an ordered product is not used in the intended manner.

De-installation App

1. The App may be uninstalled by the Patient at any time.
2. The deletion of the App and the Patient’s account will delete the data relating to that Patient.

Applicable Law and Competent Court

1. The Terms of Use are exclusively governed by Dutch law.
2. Any disputes arising from the Terms of Use shall exclusively be submitted to the district Court Noord-Nederland, location Leeuwarden.