Ivoclar Smile App: Terms of Use

Ivoclar Smile App: Ivoclar Smile provides virtual images of dental reconstructions as well as the sharing possibility of corresponding images and videos, and thus supports the dialogue between dentists and their patients. Ivoclar Smile is continuously being developed. The range of functions as well as the features of the current version of Ivoclar Smile can be viewed at Ivoclar Smile.

These Terms of Use govern the use of the Ivoclar Smile App. By installing the Ivoclar Smile App ("hereinafter referred to as Ivoclar Smile") the User agrees to these Terms of Use and the associated Privacy Policy. Please read the Terms of Use and the Privacy Policy (together the "Agreement") carefully. The Agreement governs your use of Ivoclar Smile App. The contractual relationship regarding the use of Ivoclar Smile by the User is exclusively between the User and Ivoclar Vivadent AG. We recommend that the User installs the newly released version of Ivoclar Smile as soon as it is available in the App Store.

Applicability of the Agreement: These Terms of Use apply to the use of the Ivoclar Smile App, which enables the User to use the functions of the Ivoclar Smile App via iOS Mobile devices, whether the User uses the Ivoclar Smile Basic Version (free of charge) or the Ivoclar Smile Professional Version (auto-renewable subscription via In-App Purchase).

Authorised use by the User / rights to Ivoclar Smile: The User has the non-exclusive, non-transferable, limited (Basic Version) or unlimited (Professional Version) right to use Ivoclar Smile in accordance with the terms and conditions of these Terms of Use. The intellectual property rights and all other industrial property rights, in particular all copyrights and trademark rights, to Ivoclar Smile are the exclusive property of Ivoclar Vivadent AG. The User does not receive any rights to Ivoclar Smile beyond his right of use. The User may not translate, reproduce, modify, edit or use parts of the Ivoclar Smile software purchased from the App Store for purposes other than the intended use, or assemble it in any other way, or imitate Ivoclar Smile.

The User acknowledges and agrees that Ivoclar Vivadent AG collects, evaluates and stores data concerning the use of the software by the User in anonymous form, with the specific aim of improving Ivoclar Smile according to User behaviour and to design the marketing according to User preferences.

The User is aware and agrees that Ivoclar Vivadent AG may engage third parties as service providers, in particular Apple Cloud Services, for the distribution, administration of the User account (Apple ID) and for the processing and storage of the data originating from the User or generated by the User, including personal data, and that the data originating from the User or generated by the User will be processed and stored in the information systems operated by these providers worldwide. Ivoclar Vivadent AG has entered into appropriate contractual agreements with the service providers it consults in order to guarantee data protection with regard to the User's personal data.

The User is solely responsible for compliance with data protection for the persons on whose behalf the User uses Ivoclar Smile, in particular regarding the Privacy Policy and for obtaining data protection consent. Ivoclar Smile supports the User by providing the following functionalities, unless these have been deactivated in the system settings of the terminal device: password protection/Touch ID for access to data; encryption of data when stored locally on the respective mobile device by means of pass codes.

Data Backup: The User must back up his data in a suitable form before each use of Ivoclar Smile. If the User loses data while using Ivoclar Smile, Ivoclar Vivadent AG is only liable for the recovery of the data if Ivoclar Vivadent AG are deemed to be grossly culpable for the loss of data and if the recovery of the data is possible with reasonable effort.

Exclusion of warranty: The User is aware that, according to the state of technology, errors in software programs and in the associated documentation cannot be excluded and that it is not possible to develop data processing programs in such a way that they are error-free for all application conditions and all requirements of the User or that they work without errors with all programs and third-party hardware. Ivoclar Smile is made available to the User "as is" and any warranty of Ivoclar Vivadent AG regarding Ivoclar Smile is excluded to the extent permitted by law. The User acknowledges in particular that when opening a project or installing new versions of Ivoclar Smile, changes may occur with regard to the colour reproduction and/or the position of the teeth in the images reproduced by Ivoclar Smile. The User further acknowledges that the use of Ivoclar Smile and the transmission of data may be subject to disturbances (poor reception, a malfunctioning  internet connection or device, etc.) and that Ivoclar Vivadent AG is not responsible for these factors. The User bears sole responsibility for the use of Ivoclar Smile and for the use of the results produced by Ivoclar Smile.

Exclusion of liability: When processing personal data, Ivoclar Vivadent AG takes appropriate measures to protect such data from loss, misuse, unauthorized access, disclosure, alteration, or destruction. Despite all precautions taken when processing personal data, Ivoclar Vivadent AG cannot exclude the loss, misuse, or alteration of this data. The Internet is an open network that is accessible to everyone and is therefore generally not considered a secure environment. Ivoclar Vivadent AG does not accept any responsibility for the security of data during its transmission via the Internet.

The liability of Ivoclar Vivadent AG for any kind of damage is limited to intent and gross negligence. To the extent permitted by law, Ivoclar Vivadent AG is not liable for consequential damages or for damages that are unforeseeable or within the User's area of responsibility. The above liability provision applies to contractual as well as non-contractual claims. Any liability under product liability legislation remains unaffected.

Duration of contract: The contractual relationship between Ivoclar Vivadent AG and the User is for an undefined period of time. The User may terminate it at any time by discontinuing the use of Ivoclar Smile and deleting Ivoclar Smile from all his/her devices.

Applicable law and place of jurisdiction: The contractual relationship between the User and Ivoclar Vivadent AG is subject to substantive Liechtenstein law, excluding the United Nations Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction is Vaduz.