for
1. Scope of application
IVOCLAR VIVADENT AG provides basic services which require registration by the user and device registration. The following Terms of Use apply to these users. In addition, additional terms and conditions may apply for certain services, which will be expressly pointed out to users prior to registration.
2. Subject of the Terms of Use
The subject of these Terms of Use is the registration of users, as well as the registration of devices for the purpose of transmitting machine data. The basic service is intended for existing customers of IVOCLAR VIVADENT AG exclusively.
The access does not entitle the user to certain services, but only to the option of registering for the basic services offered. In addition, IVOCLAR VIVADENT AG is entitled to change services for which users are registered, within reason, to the extent that this involves a further development of the services or is technically (e.g. to increase the availability of the services) or legally necessary. Furthermore, IVOCLAR VIVADENT AG is free to modify, suspend or terminate the services without giving reasons.
The use of the basic services is free of charge until further notice.
3. Registration of users; revocation
Users complete the registration on the platform https://mydevice.ivoclar.com/.
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 Terms of Use agreement may also be sent by e-mail.
IVOCLAR VIVADENT AG will send the registration confirmation to users at 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 to the following e-mail address in due time: dataprotection.noble-park@ivoclar.com .
4. Device registration
Users will register their device on the platform https://mydevice.ivoclar.com/ .
5. Which data is transmitted?
· Serial number of the device
· Machine name
· IP address of the device
In order to ensure high system availability of the device, the technical status of the device needs to be monitored. To assess the technical status, the device’s machine data from running system operations such as the following are transmitted:
· The version numbers of the programmes in use on the device
· Error messages of the device
· The tool currently in use
· The number of machining operations performed
· 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 burning programmes and processing strategies
6. For what purpose is the machine data used?
· Ensuring and guaranteeing the operation of the machine
· Optimisation of the machine operation
· Identifying potential sources of error
· We need and use this data to fulfil our
o statutory obligations (e.g. warranty) and
o contractual obligations (e.g. guarantee agreement)
owed under the purchase, warranty or service contract vis-à-vis the data subjects. Furthermore, users can be informed promptly about the current status of their device in order to detect any impending damage to the device at an early stage and to be able to avoid such damage if timely corrective measures are taken.
· We need and use the data to further develop and constantly improve our devices in the interest of our customers.
7. User duties
· Users undertake to register only their own devices and to keep their master data up to date.
· In addition, users assure that the personal information they provide during registration, in particular their first and last names, postal address, date of birth and e-mail address, is true and correct. In particular, users are not allowed to provide third-party data.
· Users may not disclose their password and account to third parties and shall protect them from access by third parties.
8. Liability
IVOCLAR VIVADENT AG is only liable for intent and gross negligence as well as for breach of an essential contractual obligation (material obligation). In the event of a slightly negligent breach of a 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, IVOCLAR VIVADENT AG shall only be liable if the impediment to performance was known or if the lack of knowledge is due to gross negligence, unless this is a material contractual 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 guarantee of quality, for liability for claims based on the Product Liability Act and for bodily injury (life, body, health). This does not imply a change in the burden of proof to the user’s disadvantage.
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 in tort, the user's claims for damages for which liability is limited under this clause shall become statute-barred after one year, calculated from the start date of the statutory limitation period.
9. Data privacy
IVOCLAR VIVADENT AG processes and stores user data in accordance with the provisions of the General Data Protection Regulation (DSGVO). The data privacy policy provides comprehensive information to users about the collection, processing and use of personal data. The data privacy policy is available at https://mydevice.ivoclar.com/.
10. Final provisions
Should these Terms of Use contain invalid provisions or be incomplete, the validity of the remainder of the contract shall not be unaffected.
These Terms of Use shall be governed by Liechtenstein law exclusively, 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 this contract 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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As of February 2021, Version 0.5
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