These terms and conditions (hereinafter "T&C") will govern the purchase of goods or services related to DSD and DSD Laboratory through the website of DSD wwwDSD (hereinafter, the "Website"). If the Purchase Proof establishes conditions different from those set forth in these T&C, such particular conditions shall prevail.

Medical Disclaimer All information contained on this website, including information related to orthodontic, dental, medical, and health conditions, and products and treatments, is for informational purposes only. This information should not be considered complete and is not intended to be used in place of a patient's visit, call, consultation, or advice from an orthodontist, dentist, or medical professional, or any information contained in any product packaging or label. The information obtained through the use of the website is not exhaustive and does not cover all dental or orthodontic procedures or treatments. The information on this website and any links to other sites are for informational purposes only and are not intended to provide medical advice for any specific medical condition you may have. This website does not create a doctor/patient relationship and is intended only for healthcare professionals.

• DEFINITIONS AND INTERPRETATION: 1.1. Definitions: The following definitions apply unless the context requires otherwise:
  
  “Product(s)” refers to the Planning Center Products purchased through the Website, including all deliverables linked to such Products.
  
  “Regular Product” means a Product that can be activated and used at any time, as its use is not conditioned on the performance/execution of prior Product(s).
  
  “Treatment Plan Product” means a Product purchased and assigned to a Patient as part of a Patient’s treatment plan; its use will be conditioned on the realization/execution of other Product(s).
  
  “Product Activation” means the process that must be carried out to start using the Product, consisting of assigning the Product to a patient.
  
  “Product Specification”: any specification of the Products, including related plans and drawings, agreed upon in writing between the Client and DSD.
  
  “Prepaid Product” means those Products that are paid for at the end of the Purchase Phase; all offers will be understood as Prepaid Products unless otherwise specified.
  
  “Credit Product” means those Products that are paid only when the execution of the Product ends and/or the Usage Phase expires, whichever comes first. "Deliverables" refers to all documents, products, and materials developed by DSD as part of the Services or in connection with them in any form or medium, including, but not limited to, drawings, maps, plans, diagrams, designs, images, software, data, specifications, and reports (including drafts).
  
  “Client” means the party named in the Purchase Proof (or any other person or organization that may be substituted with the written consent of DSD). The Client must always be a healthcare professional and/or a Clinic and, where the context requires, shall include any employee, representative, agent, or contractor acting on behalf of the Client.
  
  “DSD” means DSD with which the relevant transaction is concluded: DSD DSD SL - ____________________________ or any of its affiliated and/or collaborating companies (in each case, jointly, “DSD”). "Intellectual Property Rights" or "IP" refers to patents, invention rights, copyrights and related rights, trademarks, trade names, and domain names, rights of constitution, goodwill and the right to sue for passing off, design rights, database rights, rights to use and protect the confidentiality of confidential information (including know-how), and all other intellectual property rights, whether registered or unregistered, including all applications and rights to apply for and be granted renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection that subsist or will subsist now or in the future in any part of the world.
  
  “Invoice” means the legal document issued by a DSD as a seller to the Client as a buyer, related to a sales transaction and indicating the Products, quantities, and agreed prices for products or services that DSD had provided to the Client.
  
  “Official Communication Channels” means communications sent to the address @DSD and/or through the Website, and/or any other regular communication channel established between the Parties.
  
  “Patient” means the Client's consultation Patient.
  
  “Qualified Account” means the Client that has met the requirements to access the Purchase of PC products, including, but not limited to, being a dental clinic and/or a healthcare professional who has gone through the educational path defined by DSD.
  
  “Website” means the website.
  
  “Proof of Purchase” or “PoP” means a written confirmation sent by any means, including any digital means and email, through which DSD informs the description of the Products and/or Services purchased and describes the details of the transaction. PoP is not an invoice.
  
  “Purchase Order” or “PO” means the Client's order for the supply of Products and/or Services, as set out in the Client's purchase of a Product through the Website.
  
  “Purchase T&C” or “T&C” means these purchase T&C, including the Privacy Policy.
  
  

• PRODUCTS. 2.1 The products on this website are provided for a fee. The prices, descriptions, and/or availability of the Products are described in the respective sections of this website and are subject to change without prior notice.

2.2 While the Products on this website are presented as accurately as technically possible, the representation through photographs, images, colors, sounds, or any other means is for reference only and does not imply any warranty as to the characteristics of the Product purchased. 2.3 The Client is aware of and explicitly accepts that digital simulations and Products are developed with the utmost precision; however, since patient biology is unpredictable, some variables beyond DSD's control may affect the final result, which may differ from any simulation, plan, or estimate made beforehand. 2.4 All Products and Services provided by DSD are developed following the instructions, knowledge, and experience of the Client. DSD may suggest and guide the Client throughout the process, but the final medical decision will be the Client's. Therefore, in front of the Patient, the Client is solely responsible for any medical liability related to the selected treatment route. 2.5 The characteristics of the chosen Product will be detailed during the purchase process. 2.6 The decision to discontinue any Product, product line, or business segment will be at DSD's sole discretion and will not constitute a breach. DSD may discontinue a Product, a product line, or a business at its absolute discretion.

Product Lifecycle Management DSD The lifecycle of a DSD Product consists of the following phases:

• Quotation Phase

• Purchase Phase

• Usage Phase

• Expiry of the Usage Phase

• Extended Usage Phase/Credit Usage Phase (if applicable)

3.1 Quotation Phase • Quotation Price: The price published on the website. • Quotation Price Validity: Valid for the period indicated on the website. If not indicated, it may be updated at any time during the Quotation Phase and until the Purchase Phase.

3.2 Purchase Phase Varies by product type:

3.2.1 Credit Product Purchase • Credit Purchase Process:

1. Creation of the Patient (if applicable)

2. Linking the Product to the Patient

3. File upload (if necessary)

4. Click on "Send DSD" or equivalent button • Final Credit Price: Granted upon completion of all steps of the process. • Proof of Purchase: Generation of a formal Purchase Proof (PoP) formalizing the price. • Products in Quotation Phase: Products that do not complete the process steps are considered in quotation phase with an estimated price. • Automatic Deletion: Products in quotation phase for more than 15 days may be automatically deleted.

3.2.2 Prepaid Purchase • Prepaid Purchase Process:

1. Selection of Product/Offer and inclusion in the cart

2. Payment through the platform • Final Prepaid Price: Granted upon completion of all steps of the process. • Proof of Purchase: Generation of a formal Purchase Proof (PoP) formalizing the price. • Products in Quotation Phase: Products that do not complete the process steps are considered in quotation phase with an estimated price. • Sending to DSD: Product available for linking with the Patient and execution once the purchase process is completed.

3.2.3 Zero-Cost Products • Behave as prepaid products without 15-day expiration period. Non-zero-cost products behave as credit products. Important Notes:

1. DSD is not responsible for errors due to inaccuracies or incomplete information in the purchase by the Client.

2. Prices are shown without applicable fees, taxes, and costs. They may be adjusted periodically.

3. Commercial discounts apply through coupon codes or special conditions in the Client's profile.

3.3 Usage Phase Common phase for all types of products. • Usage Period: Defined time to use the product, usually 1 year for Primary Products and 2 years for Secondary Products. • Billing: Billing is generated automatically at the end of the usage period. • Incomplete Products: Treated according to Section 3.4.

3.4 Expiry of Usage Phase Varies by product type:

3.4.1 Credit Products • File Evaluation Stage: Product not used and deleted at the end of the usage period. • Work in Progress Stage: Product used and billed. The Client may finalize the product within the agreed period.

3.4.2 Prepaid Products • Product not Assigned to the Patient: Considered not used, and a credit is generated for the Client. • File Evaluation Stage: Product not used, and a credit is generated for the Client. • Work in Progress Stage: Product used and billed. The Client may finalize the product within the agreed period.

3.6 Loss of Access to DSD

• Loss of Access: Considered as the end of the usage period, and the conditions of Section 3.4 apply.

• Use of Credit: Credit generated can only be used for Patient products created before the loss of access.

• Creation of New Patients: Not allowed in case of loss of access.

4. DSD Coaching Services

Coaching Services are designed to support the Clinic's efforts to excel in clinical, operational, and commercial aspects through the incorporation of DSD's proprietary methodologies and protocols. The details of these services will be specified in the subscription for these purposes.

5. Payment

5.1 Prepaid Product

• Payment Authorization:

  • By completing the purchase, the Client authorizes DSD to charge the total amount to the selected payment method.

  • Accepted payment methods are available during the purchase process.

  • Payments are processed independently by third-party services; DSD does not collect payment information.

  • Some payment methods may have additional conditions or fees.

• Payment Gateway:

  • If a payment gateway (such as PayPal) is authorized for future purchases, an identification code linked to the Client's account will be stored.

  • This allows automatic processing of future payments or recurring installments.

  • Authorization can be revoked by contacting DSD or changing the settings in the payment gateway.

• Payment Failure:

  • If payment is not completed by the due date, the order will be canceled.

  • If the payment fails or is rejected, DSD is not obligated to fulfill the Services or deliver the Product.

  • Costs or fees for failed payments will be borne by the Client.

5.2 Credit Product

• Payment Conditions:

  • The Client agrees to pay according to the terms negotiated with DSD upon invoice submission.

  • Invoices are payable in full, including indicated taxes (VAT).

  • No withholdings for fiscal/administrative reasons or early payment discounts are allowed.

  • DSD will provide fiscal documents if necessary and upon request.

• Payment Default:

  • If the Product has already been delivered and the Client fails to pay, DSD may seek judicial action to claim the outstanding amount.

  • Until full payment is received, the Products will not become the property of the Client.

  • Costs or fees for failed payments will be borne by the Client.

  • Payments will not accrue interest until 5 business days after the due date; thereafter, a monthly interest rate of 1% will apply.

5.3 Payment Compliance Approach

• Non-Waiver of Collection:

  • DSD's failure to demand payment does not constitute a waiver of collection.

  • If payment is not made automatically for any reason (human error, technical failure, etc.), DSD does not waive the right to collect the debt in the future.

6. Delivery of the Digital Product

6.1 Service Execution

• 6.1.1 Execution Times:

  • Subject to circumstances such as the client's status, DSD's capacity, evaluation, and case complexity.

  • Estimated time: 2-5 business days, excluding shipping.

  • A precise timeframe will be provided after analyzing case information.

  • Do not schedule appointments/surgeries before receiving the time estimate.

  • DSD is not responsible for inconveniences caused by premature scheduling.

• 6.1.2 Client Cooperation:

  • The Client must provide necessary information/data.

  • The Client must obtain the interested party's permission for the use of personal data.

  • DSD will use personal data only in accordance with services and data protection laws.

  • DSD is not responsible for delivery failures due to inaccurate information or GDPR non-compliance by the Client.

• 6.1.3 Acceptance:
  • The final product will be explicitly accepted by the Client:

    • 3 business days for virtual products.

    • 7 business days for laboratory products.

  • It will be considered accepted if:

    • No notification is received within the mentioned period.

    • Use of the product without comments/claims.

    • Payment of invoices.

    • Request for new products/services without mentioning previous non-conformities.

6.2 Product Delivery

• 6.2.1 General Conditions:

  • Products delivered to the destination are freight prepaid, unless otherwise agreed.

  • The price does not include taxes or storage fees.

  • Freight paid by DSD.

  • Risk of loss is transferred to the Client upon unloading the product at the destination.

• 6.2.2 Delivery Record:

  • DSD will provide a delivery record with a tracking number, products, and description.

  • Deliveries to the address indicated by the Client as per the Purchase Receipt.

• 6.2.3 Delivery Territories:

  • Deliveries to countries/territories specified on the website.

  • DSD may charge additional costs for delivery to certain countries.

  • Contact DSD before ordering laboratory-manufactured products for assistance.

• 6.2.4 Client Inspection:

  • Inspection of products within 5 business days of receipt.

  • Verification of count and quality, reporting discrepancies in writing to DSD.

  • Schedules may change during seasonal periods.

• 6.2.5 Delivery Attempts:

  • If goods are not received or collected on time, they will be returned to DSD.

  • DSD will contact to schedule a second attempt or agree on future actions.

  • Costs of the second delivery attempt are borne by the Client, unless otherwise agreed.

• 6.2.6 Delays Due to Force Majeure:

  • DSD is not responsible for delays due to force majeure events, customs restrictions, or administrative limitations.

7. Cancellations, Returns, and Exchanges

General Rule

• DSD products are generally non-cancellable and non-refundable, except as specified in sections 7.1, 7.2, and 7.3.

7.1 Cancellations

• 7.1.1 Right of Withdrawal:

  • The Client may withdraw from the contract within 14 calendar days after the purchase.

  • Withdrawal must be communicated before any work begins.

  • If the patient has already been activated, DSD may apply option 6.1.2.

  • Full refund minus transfer expenses within 30 calendar days.

• 7.1.2 Other Cancellations:

  • At DSD's discretion and upon written request.

  • The request must be made before any work begins and within 60 days post-purchase.

  • Refund of payments minus transfer costs and a 15% administrative fee, or credit to select another product.

7.2 Products Damaged During Transport

• Process:

  • Inspection of products within 5 business days.

  • Written notification to DSD of any damage, with attached photos.

  • Return of products with prepaid shipping by DSD.

  • DSD will verify the claim, and the Client can opt for exchange, credit, or refund.

7.3 Quality Issues

• Process:

  • 2-year warranty.

  • Written notification of quality discrepancies.

  • Return with prepaid shipping by DSD.

  • Second inspection to determine if the claim is accepted.

  • Options: replacement, credit, or refund, with possible additional discount.

7.4 Incorrect Product Selected

• Authorized credit to select the correct product within one year of purchase.

7.5 Alternative Treatment Option

• Authorized credit to select a more suitable treatment product within the next year.

Additional Notes

• Refunds/credits apply only to clients who have paid for the product.

• Refunds in the currency shown on the website.

• DSD is not responsible for failed deliveries due to recipient absence, improper handling, or causes beyond its reasonable control.

8. WARRANTY

8.1 For a period of 2 years after acceptance as mentioned in section 6.1.3, DSD will guarantee the conformity of its Products. This means ensuring that the purchased goods have the promised quality or the quality that can reasonably be expected, functionality, or characteristics for at least two years after being delivered to the Client.

8.2 Unless otherwise specified in DSD's written materials related to a particular Product, DSD guarantees to the Client that the Products purchased conform to the specifications published by DSD and are free from defects in workmanship and materials at the time of shipment and warranted for at least 2 years from the acceptance date.

8.3 If during this period the Client discovers that a Product does not conform to the Specifications or a defect in materials and workmanship, they must immediately notify DSD in writing through Official Communication Channels; within a reasonable time after such notification, DSD will correct any Product failure to comply with the warranty by providing, at its option, Product repair, a replacement unit, or a refund of the purchase price, if applicable in accordance with this Section.

8.4 This warranty does not extend to or cover:

(a) any product, component, or part not manufactured or sold by DSD; (b) damages caused by the use of any Product for purposes other than those for which it was designed as indicated in DSD’s Specifications; (c) damages caused by unauthorized accessories or modifications; (d) any other abuse or misuse by the Client, its employees, representatives, contractors, and agents; or (e) any DSD Product where the Client receives the Product from a person or entity not affiliated with or authorized by DSD; (f) defective handling by third parties or manufacturing defects due to faulty impressions taken by the professional, nor breaks due to drops, impacts, or improper use.

8.5 Additionally, the warranty may be voided:

(i) in case of Force Majeure; (ii) if the Product has been moved to a different facility without prior knowledge of DSD; (iii) if the Client has outstanding invoices with DSD; (iv) if the Client misuses or abuses the Product; (v) if the Client’s use of the Product does not conform to DSD's Specifications; (vi) if the Client attempts unauthorized repairs or modifications; or (vii) if the Client does not allow urgent preventive or corrective maintenance. The patient must notify the Clinic of the non-conformity within two months of becoming aware of it.

9. INTELLECTUAL PROPERTY AND COPYRIGHTS

9.1. The Client recognizes that intellectual property owned by DSD or its related companies, and the name of these companies themselves are highly valuable assets, for which they undertake not to carry out any activity that could damage or cause harm to DSD image.

9.2 All deliverables and methodologies used to create goods and/or services, all other inventions, discoveries, concepts, ideas, and/or improvements created, conceived, or developed by DSD, and in general all Intellectual Property rights granted by law related to such goods and/or services will be owned by DSD from the moment of creation and may not be modified without DSD's written consent.

9.3 Notwithstanding any more specific provisions of these Terms, any intellectual property rights such as copyrights, trademark rights, patent rights, and design rights related to this website are the exclusive property of DSD or its licensors and are subject to protection under applicable laws or international treaties related to intellectual property.

9.4. All communications or advertising carried out by Client shall be previously approved by DSD under Client’s own cost, in case DSD IP and/or Know-How is being included in such materials.

9.5. The Client will inform DSD immediately about any event that could damage its Intellectual Property.

9.6. Client agrees not to use any of the information received by DSD to develop or have a third party to develop a competing or similar product of the Software, during the Term and three (3) years after the termination of the Agreement.

10. DATA PRIVACY POLICY

10.1 In accordance with data protection regulations, the Parties mutually inform each other that the data of the legal representatives signing the Agreement and, where applicable, of the employees acting as contact persons (name and surname, ID, email, job titles, etc.) will be processed for the purpose of managing the contractual relationship and facilitating communication between the parties. At any time, the Parties may exercise their rights of access, rectification, deletion, data portability, restriction, or opposition to processing, as well as not to be subject to automated decisions (hereinafter “data protection rights”), where appropriate, by sending a written request to the email address mutually agreed upon (in the case of DSD, it is dpo@digitalsmiledesign.com). You can find more information about DSD's Privacy Policy at the following LINK https://digitalsmiledesign.com....

10.2 By accepting these Purchase T&Cs, the Client also accepts and submits to DSD's Privacy Policy (https://digitalsmiledesign.com...). Specifically, DSD's access and processing of personal data for which the Client is the Data Controller and that are necessary for the provision of services detailed in this Agreement will comply with the provisions of section 3.1 of DSD’s Privacy Policy's Data Processing Agreement (DPA).

10.3 Similarly, by accepting these Purchase T&Cs, the Client confirms that they have obtained written consent from their patients to:

(i) Authorize the disclosure of images so that DSD can use the patient's photographs, videos, recordings on internal channels (physical or digital media) for medical diagnostic purposes such as radiological records and STL files of dental treatments; (ii) Authorize profiling so that DSD can use the patient's data through an Artificial Intelligence tool to improve the quality and efficiency of dental treatment designs and results. This may include generating automated "pre-designs" for future treatments or patients with similar characteristics and needs, thus contributing to the advancement of personalized dental care. In this case, DSD will act as the Data Controller. Patients can exercise their data protection rights where applicable, by sending a written request to the email @DSD. More information on these processes can be found in DSD's Privacy Policy (LINK).

10.4 By accepting these T&Cs, the Client also agrees and submits to DSD's Privacy Policy (LINK). Specifically, DSD's access and processing of personal data for which the Client is the Data Controller and that are necessary for the provision of the services detailed in these T&Cs.

10.5 By accepting these T&Cs, the Client confirms that they have obtained written consent from their patients to:

(i) Authorize the disclosure of images so that DSD can use the patient's photographs, videos, recordings on internal channels (physical or digital media) for medical diagnostic purposes such as radiological records and STL files of dental treatments; (ii) Another authorization for profiling so that DSD can use the patient's data through an Artificial Intelligence tool to provide various services, as well as analyzing patient records to improve DSD, including dental diagnosis, dental treatment planning, and more. In this case, DSD will act as the Data Controller. This authorization is completely voluntary. By this means, the patient consents to the use of their past (from 10 years ago), present, and future data for these purposes.

10.5.1 The Client can request a model of the aforementioned consents from DSD for better reference. This consent includes the analysis of the Patient's Data by DSD's team of experts. Purpose of data use: The Client understands that using AI to analyze the Patient's Data aims to improve the quality and efficiency of dental treatment designs and results. This may include generating automated "pre-designs" for future treatments or patients with similar characteristics and needs, thus contributing to the advancement of personalized dental care.

10.5.2 Voluntary nature of consent: The Client and DSD acknowledge that obtaining consent from patients for the use of their data (from 10 years ago), present, and future data, will be used for these purposes. is entirely voluntary. Patients have the right to withdraw their consent at any time, without affecting the lawfulness of the processing based on consent before its withdrawal.

10.5.3 Compliance with data protection regulations: DSD commits to processing all patient data in accordance with the General Data Protection Regulation (GDPR) and any other applicable data protection laws. DSD will implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk, respecting the privacy and rights of patients.

10.5.4 Data subject rights: Patients, as data subjects, retain all the rights granted to them under the GDPR, including, but not limited to, the right to access, rectify, delete, or restrict the processing of their personal data, the right to data portability, and the right to object to data processing.

11. LIMITATION OF LIABILITY

11.1 EXCEPT FOR THE PAYMENT OF GOODS AND/OR SERVICES DELIVERED AND ACCEPTED BY DSD, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF DSD ARISING OUT OF THESE T&Cs UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) EXCEED THE AMOUNTS DUE TO DSD UNDER THE APPLICABLE PO, WHETHER OR NOT THE RESPONSIBLE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THE EXISTENCE OF ONE OR MORE CLAIMS SHALL NOT ENLARGE THAT LIMIT. IN NO EVENT SHALL DSD HAVE ANY LIABILITY TO THE SELLER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES FOR ANY CAUSE AND UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE) WHETHER OR NOT THE SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.2 Additionally, by using our website, the Client expressly acknowledges and agrees that DSD shall not be liable for (i) any actions of another Client; (ii) personal injury or property damage, of any nature, whether arising from contract or tort, as a result of their access and use of our Courses, including any claim, cause of action, obligation, liability, right, or remedy whether arising out of DSD's negligence; (iii) any unauthorized access; (iv) any interruption or cessation of transmission to or from DSD; (iv) any bugs, viruses, worms, defects, or other destructive elements transmitted to or through the site by any third party; (v) any errors, inaccuracies, or omissions in any material, or for any loss or damage of any kind incurred as a result of the use of any material available through DSD; their sole and exclusive remedy for dissatisfaction with DSD is to stop using the site.

11.3 This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction, whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if DSD has been advised of the possibility of such damage.

11.4 Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to that Client. The terms grant the Client specific legal rights, and the Client may also have other rights that vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms will not apply to the extent prohibited by applicable law.

11.5 DSD does not guarantee, endorse, warrant, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner will not be a party to or in any way monitor any transaction between Clients and third-party providers of products or services.

12. ASSIGNMENTS

The Client may not assign any right or obligation under these T&Cs without the prior written consent of DSD, and any attempt to assign without such consent will be null and void. DSD may assign its position at any time to any party that assumes DSD's obligations.

13. UNLAWFUL ACTIVITY:

DSD prohibits the use of the DSD brands and/or materials for unlawful conduct. All Clients must comply with all local, state, federal and international laws, ordinances and regulations. The Client agrees not to use any false information or use an invalid or unauthorized credit or debit card. Client agrees not to use or permit anyone to use the information provided through the DSD website for any unlawful or unauthorized purpose.

14. EVENTS BEYOND OUR CONTROL

14.1. 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.

14.2. 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.

15. ADDITIONAL PROVISIONS

15.1. No agency, partnership, joint venture, or other relationship is intended or created by the Client’s use or purchase of DSD services or products.

15.2. All contents of this website or affiliated platform are copyright works belonging to DSD. All rights reserved. The content of this website 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.

15.3. These Use and Purchase Terms and Conditions contain the entire understanding of the parties with respect to the matters contained herein and supersedes and replaces in its entirety any and all prior communications and contemporaneous agreements and understandings between the parties, whether oral, written, electronic or implied.

15.4. If any provision of these Use and Purchase Terms and Conditions is held invalid or unenforceable under any circumstance, its application in any other circumstances and the remaining provisions shall not be affected.

15.5. Further, the provision that has been deemed to be invalid or ineffective shall be enforced to the greatest extent permitted by law.

15.6 Governing Law and Jurisdiction. Should any dispute arise regarding the interpretation and/or application of these Terms, the parties will submit their conflicts to the ordinary jurisdiction, submitting to the courts and tribunals that correspond by law.

15.7 Right to deny access to the service. DSD has the right, without any liability, to deny access to the service and/or cancel the account and/or suspend and/or revoke access privileges to any Client who:

1. For any reason violates and/or transgresses these T&Cs;

2. Is unreasonably rude, affects/impedes the service's performance or provision;

3. Does not follow DSD's guidelines and processes;

4. Participates in fraudulent or deceptive activities that would harm DSD, affect DSD's customer relationships, and/or could impact DSD's business;

5. DSD reserves the right to refuse service based on DSD's professional opinion.

16. Changes to the T&Cs

DSD reserves the right to change these T&Cs at any time. If we change any term or condition, such modification, revision, and additional information will be posted here and will automatically replace the T&Cs and be binding on all Clients of this site.

17. CONTACT

17.1 In case you have any questions about these T&Cs or any other requests related to your purchase process, contact contact@digitalsmiledesign.com .

17.2 In case you have a request, doubt or inquiry related to the Products, write to contact@digitalsmiledesign.com .

17.3 In case you have a doubt or inquiry related to GDPR-Data Protection, write to dpo@digitalsmiledesign.com

Last Version 01.06.2024