for web services of

Ivoclar Vivadent AG
Bendererstrasse 2
FL-9494 Schaan
Prinipality of Liechtenstein

1. Scope

These General Terms of Use apply to web services provided by IVOCLAR VIVADENT AG and its affiliates. IVOCLAR VIVADENT AG provides web services which require registration by the user and, if applicable, device registration. The following terms of use apply to such users. There may be additional terms and conditions for certain services, which may be expressly made known to users prior to registration.

2. Subject matter of the terms of use

The subject matter of these terms of use is the registration of users, as well as, where applicable, the registration of devices for the purpose of machine data transmission.

The access does not entitle users to specific services, but merely gives them the opportunity to register for the services offered. In addition, IVOCLAR VIVADENT AG is entitled to modify the services for which users are registered, within reasonable limits, to the extent that this means a further development of the services or is technically necessary (e.g. to increase the availability of the services) or legally required. Furthermore, IVOCLAR VIVADENT AG is free to modify, suspend or terminate the Services without giving reasons.

The following web services are subject to the Terms of Use (Version April 2021):

3. Registration of users; revocation

The registration to the services takes place on the respective domain of the services as mentioned in the table under 2. above and is carried out by the users.

Users undertake to provide only truthful information when registering and to keep this information up to date. Users are advised that legal declarations within the scope of this contract of use may also be sent by e-mail.  

The registration will be confirmed to the users by IVOCLAR VIVADENT AG to the e-mail address provided. Users may revoke this registration after receiving the confirmation email without giving any reason. To meet the deadline, it is sufficient to send the revocation in good time to the following e-mail address: dataprotection.schaan@ivoclar.com. 

4. Device registration

Device registration takes place on the platform https://mydevice.ivoclar.com and is carried out by the users.

4.1. Which data is transmitted during device registration?

• Serial number of the device
• Machine name
• IP address of the device

In order to ensure a high system availability of the device, it is necessary to observe the technical conditions of the device. For the assessment of the technical conditions, machine data of the device from ongoing operation are transmitted, such as:

• the version numbers of the programmes in use on the device
• error messages of the device
• the tool currently in use
• the number of performed operations
• the actual coordinates of the individual axes and the respective deviations from the target coordinates
• current sensor values of e.g. voltage, current, pressure, temperature, clock frequency, speed, utilisation, fill level
• the status of individual subcomponents
• information on firing programmes and processing strategies

4.2. What purpose is the machine data used for?

• Ensuring and guaranteeing the devices’ operation
• Optimisation of the machine operation
• Identifying potential sources of error
• We need and use the data to comply with our
•  statutory obligations (e.g. statutory warranty) and
• Contractual obligations (e.g. warranty contract)
  • statutory obligations (e.g. warranty) and
  • contractual obligations (e.g. warranty contract)

in the context of the purchase, warranty or service contract vis-à-vis the subjects concerned. Furthermore, users can be informed promptly about the current condition of their device in order to recognise imminent damage to the device at an early stage and to be able to avoid it if countermeasures are taken in time.

We need and use the data to further develop and constantly improve our devices in the interest of our customers.

4.3. Obligations of the users

• Users undertake to register only their own devices and to keep their master data up to date.
• Users further ensure that the personal information they provide as part of their registration is true and correct, in particular their first and last names, date of birth, postal and e-mail address. Specifically, users are not allowed to provide data on third parties.
• Users shall not disclose their password and account to third parties and shall protect them from access by third parties.

5. Liability

IVOCLAR VIVADENT AG is only liable for intent and gross negligence as well as for breach of an material contractual obligation (material obligation). In the event of a slightly negligent breach of an material obligation, the liability of IVOCLAR VIVADENT AG shall be limited to damages foreseeable at the time of conclusion of the contract and typical for the contract. IVOCLAR VIVADENT AG shall not be liable for slightly negligent breaches of secondary obligations that are not material obligations. In cases of initial impossibility to perform, IVOCLAR VIVADENT AG shall only be liable if the hindrance was known or if the lack of knowledge is due to gross negligence, unless this is a material obligation.

The above exclusions of liability shall not apply in the event of fraudulent concealment of defects or in the event of the assumption of a warranty of quality, for liability for claims based on the Product Liability Act and for physical injuries (life, body, health). This does not imply a change in the burden of proof to the disadvantage of the user.

Insofar as the liability of IVOCLAR VIVADENT AG is excluded or limited, this also applies to the personal liability of the employees, representatives and vicarious agents of IVOCLAR VIVADENT AG.

With the exception of claims under tort law, the user's claims for damages for which liability is limited under this clause shall become statute-barred after one year, calculated from the statutory commencement of the limitation period.

6. Data protection

IVOCLAR VIVADENT AG processes and stores user data in accordance with the provisions of the General Data Protection Regulation (GDPR). The privacy policy provides the user with comprehensive information about the collection, processing and use of personal data. The privacy policy is available here (https://www.ivoclar.com/en_africa/legal/privacy-policy).

7. Copyright

All contents (such as texts, images, information, files, web pages, etc.) of the web services are subject to copyright and other laws protecting intellectual property. They may not be published, used, copied, passed on or changed without express written permission.

For contents of the web services that are not subject to the copyright of IVOCLAR VIVADENT AG, the respective rights of the copyright holder apply.

With the exception of claims under tort law, the user's claims for damages for which liability is limited under this clause shall become statute-barred after one year, calculated from the statutory commencement of the limitation period.

8. Note for Webinar / Webcast / Podcast

Webinars / webcasts / podcasts (hereinafter “Media Content”) of IVOCLAR VIVADENT AG, including the content and all logos, texts, images, videos and other works contained, displayed or used, are subject to copyright and other intellectual property regulations. Media Content (including content and works) may only be downloaded for personal, non-commercial purposes. Any use beyond this is prohibited without the prior and express consent of IVOCLAR VIVADENT AG; in particular, making the material available to the public is expressly prohibited. Media Content is aimed exclusively at professionals. The speaker reflects his/her own opinion and experience in the media content. Media Content shall not be considered as being in the scope of IVOCLAR VIVADENT AG’s consultancy. IVOCLAR VIVADENT AG is not liable for the statements of the speakers, especially not for their correctness and completeness.

9. Final provisions

Should these terms of use contain invalid or incomplete provisions, the validity of the remaining provisions shall remain unaffected.

These terms of use shall be governed exclusively by Liechtenstein law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for all disputes arising from or in connection with these terms of use is the registered office of IVOCLAR VIVADENT AG.

Unless otherwise agreed, the user may submit all declarations by e-mail. Declarations vis-à-vis the user can be transmitted by e-mail to the address that the user has provided as current contact data.

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Version: April 2021, Version 1.0