DSD APP TERMS AND CONDITIONS OF USE
These Terms and Conditions will govern the use of DSD App which can be downloaded from the domain https://apps.apple.com/app/dsd... at iPad App Store.
The download and use of DSD App attributes the status of User to whoever does so and implies the acceptance of Terms and Conditions hereto.
Users should read these conditions before using the DSD App, since they could be modified in the future.
1. DEFINITIONS
DSD App is a two-dimensional tool for dentists that supports the initial study of a case and allows design modifications to the smile. It is an effective tool for:
1.3. “DSD” shall refer to DSD Planning Center, S.L a corporation duly registered in Spain, located at Ochandiano street, 10,1st floor, 28023 Madrid y C.I.F. nº B-86563285. DSD Planning Center, S.L belongs to the DIGITAL SMILE DESIGN Group that is specialized in the design, manufacture, sale and distribution of products, software and services for dental clinics, as in the organization of training courses in the aforementioned subjects.
2. COST AND SUSCRIPTION
2.1. DSD App is available at no cost to Users.
2.2. The subscription to DSD App is annual and its renewal is automatic.
3. TECHNICAL SUPPORT
DSD will provide general technical support for all Services, except the Apple App Store, for which the following App lies: Apple will provide technical support for any matters related to its use.
For any issues related to the content and functionality of an App, please visit our DSD App page in our website https://digitalsmiledesign.com... (as shown on the App 's product page in the App Store).
User undertakes to make correct use of DSD App in accordance with these Terms and Conditions along with other regulations and instructions that, where applicable, may be applicable. User will be responsible before DSD and against third parties for any damages or losses that may be caused by failure to comply with these obligations.
DSD prohibits the use of the DSD brands and/or materials for unlawful conduct. All Users must comply with all local, national and international laws, ordinances and regulations. User agrees not to use any false information or use an invalid or unauthorized credit or debit card. User agrees not to use or permit anyone to use the information provided through the App for any unlawful or unauthorized purpose.
It is prohibited to alter or modify any part of DSD App or its contents, circumvent, deactivate or manipulate in any other way (or attempt to circumvent, deactivate or manipulate) the security functions or other functions of the program and use DSD App or its contents for a commercial or advertising purpose. The use of DSD App with the purpose of damaging property, rights or interests of DSD or third parties is prohibited. It is also prohibited to make any other use that alters, damages or disables the networks, servers, equipment, products and computer programs if DSD or third parties.
Subject to the conditions established in the previous section DSD grants User a license to use DSD App on a non-exclusive, free of charge, annual term and automatic renewals basis. Said license is also granted under the same terms with respect to updates and improvements made to the application. Said use licenses may be revoked by DSD unilaterally at any time, by mere notification to User.
5. NO WARRANTY
DSD disclaims, to the fullest extent permitted under applicable law, all warranties, express or implied, with respect to DSD, the materials obtained through DSD App including, without limitation, implied warranties of title, non-infringement of third party rights, merchantability, and fitness for a particular purpose, and any warranties that may arise from the use of the App of dealing or usage of trade. DSD does not warrant that User ’s use of the services offered will be uninterrupted, error-free or secure, that defects will be corrected, or that the site is free of viruses or other harmful components. User assumes all responsibility and risk for use of DSD services and User’s reliance thereon. Your use of DSD App and any materials provided through the site is entirely at User ’s own risk. User should use User ’s best judgment and exercise caution where appropriate.
It is the responsibility of User, in any case, to have adequate tools for the detection and disinfection of malicious programs or any other harmful computer element. DSD is not responsible for any damage caused to computer equipment during the use of the DSD App. Likewise, DSD will not be responsible for damages caused to Users when said damages originate from failures or disconnections in telecommunications networks that interrupt the service.
In particular, DSD makes no warranty that:
(a) the App will meet your requirements as User;
(b) the App will be available on an uninterrupted, timely, secure, or error-free basis;
(c) the results that may be obtained from the use of the App or any services offered through the App will be accurate or reliable.
6. LIMITATION OF LIABILITY
User expressly acknowledges and agrees that DSD shall have no liability or responsibility whatsoever for (i) any action of another user; (ii) personal injury or property damage, of any nature whatsoever, whether arising in contract or in tort, resulting from your access to and use of DSD App , including any claim, cause of action, obligation, liability, right, or remedy whether or not arising from the negligence of DSD; (iii) any unauthorized access; (iv) any interruption or cessation of transmission to or from DSD; (iv) any bugs, viruses, worms, defects or other items of a destructive nature which may be transmitted to or through the site by any third party; (v) any error, mistake, inaccuracy or omission in any materials, or for any loss or damage of any kind incurred as a result of the use of any materials available through DSD; your sole and exclusive remedy for dissatisfaction with DSD is to stop using DSD App.
7. CHANGES IN TERMS AND CONDITIONS
We may, without incurring any obligation to you, modify these Terms and conditions without notice at any time. If you continue to use the App after any modification to these Terms and conditions, such continued use will constitute your acceptance of such modifications. If you do not accept these Terms and conditions or agree to be bound by them, you must not use DSD App or download or use any related software. Your use of DSD App is under your sole responsibility. We have no responsibility or liability for the deletion or failure to store or transmit any content or other information maintained or transmitted by DSD App. We are not responsible for the accuracy or reliability of any information or advice transmitted through DSD App. We may, at any time, limit or discontinue your use at our sole discretion. To the maximum extent permitted by law, in no event will we be liable for any related loss or damage.
8. EVENTS OUTSIDE OUR CONTROL
8.1 DSD shall not be deemed in default or otherwise liable or responsible for any failure to perform or delay in performance of, any of DSD’s obligations that are caused by an Event Outside Our Control.
8.2 An “Event Outside Our Control” means any act or event beyond DSD’s reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, Coronavirus disease (COVID-19), or other natural disasters, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, or any other similar cause not under DSD’s control.
9.EVENTUAL USE OF DSD APP BY MINORS
In compliance with the current provisions regarding the protection of personal data, and in order to protect it privacy of minors, please note that User must be at least 14 years old or have access to express authorization from your parents and/or legal guardians, to be able to register, access and use DSD App
To this end, DSD can contact User at any time so that they can believe their identity and the real age that qualifies him for the use of DSD App, the good thing for him to demonstrate that he has authorization for his priests and/or legal guardians.
Among the documents that DSD may request from User to accredit the previously marked points, if you will find a copy of your DNI, as well as other complementary documents that are necessary for you to Owner check the real age of User. In case DSD requests the aforementioned documentation from User. If you refuse to enter it, DSD will be able to deactivate the App to User.
10. ADDITIONAL PROVISIONS
10.1. No agency, partnership, joint venture, or other relationship is intended or created by User ’s use of DSD App.
10.2. All contents of DSD App or affiliated platform are copyright works belonging to DSD. All rights reserved. The content of DSD App or platform has been carefully prepared and is regularly updated. Nevertheless, we cannot guarantee that the totality of information is perfectly accurate or free of error.
11. INTELLECTUAL PROPERTY AND COPYRIGHT
11.1 DSD App and its contents (texts, photographs, graphics, images, technology, software, links, contents, graphic design, source code, etc.), as well as the brands and other distinctive signs are the property of DSD or third parties, not User acquiring any rights over them by the mere use of the DSD APP.
11.2 Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights, and design rights related to DSD App are the exclusive property of DSD or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
11.3 All trademarks — nominal or figurative — and all other marks, trade names, service marks, wordmarks, illustrations, images, or logos App earing in connection with DSD App are, and remain, the exclusive property of DS or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.
11.4. User must refrain from: a) Reproducing, copying, distributing, making available to third parties, publicly communicating, transforming or modifying DSD App or its contents, except in cases contemplated by law or expressly authorized by DSD or by the holder of said rights. b) Reproduce or copy DSD App or its contents for private use, as well as communicate them publicly or make them available to third parties when this entails their reproduction. c) Extract or reuse all or a substantial part of the contents that make up the DSD APP.
12. DATA PRIVACY POLICY:
The processing of personal data derived from the use of DSD App is detailed in the Privacy Policy available in here.
13. LAW AND JURISDICTION
These Terms and Conditions of Use are entirely governed by Spanish law. For the resolution of any conflict regarding its interpretation or App, User expressly submits to the jurisdiction of the courts of the city of Madrid (Spain).
14. CONTACT
14.1 In case you have any doubt about this T&C inquiry related to the APP , please visit https://digitalsmiledesign.com... write to contact@digitalsmiledesign.com.
14.2 In case you have a request doubt or inquiry related to GDPR-Data Protection, please write to dpo@digitalsmiledesign.com.
Last Update 16.02.24