I. GENERAL PROVISIONS
1.1. These terms and conditions govern your viewing and using this website https://hismiley.com (the “Site”) which is owned and operated by Lupin Dental (SAS DIGICUTO), a joint stock company, duly incorporated and existing under the legislation of France, registered in the Registry at the Commercial Court of Marseille under Siret 850 067 877 00017, VAT registration number FR20850067877, having its registered seat and address of management at 132 Rue du Commandant Rolland, Villa Cadenelle, 13008 Marseille, 8E Arrondissement, France, and through which we provide the services described in section IV and section VI herein below.
1.2. Please, read these terms and conditions carefully before you start using the Site. By accessing the Site you agree to the terms and conditions. If you do not agree with these terms and conditions, do not access or use our Site.
1.3. Use of the Site includes accessing, browsing, registering to use or using services on our Site. Please, note that if you use one of the links on the Site to visit third parties’ websites, the use of these third parties’ websites will be subject to separate terms and conditions.
1.4. Information about the provider of the services provided through the Site:
Name: Lupin Dental (SAS DIGICUTO)
SIRET: 850 067 877 00017
VAT registration: FR20850067877
Registered seat and addresses of management: 132 Rue du Commandant Rolland, Villa Cadenelle, 13008 Marseille, 8E Arrondissement, France
Address for correspondence: 132 Rue du Commandant Rolland, Villa Cadenelle, 13008 Marseille, 8E Arrondissement, France
Authority exercising control over the activity: Lupin Dental Company, with registered seat and addresses of management: 132 Rue du Commandant Rolland, Villa Cadenelle, 13008 Marseille, 8E Arrondissement, France, and address for correspondence: 132 Rue du Commandant Rolland, Villa Cadenelle, 13008 Marseille, 8E Arrondissement, France, e-mail: firstname.lastname@example.org.
When used in this document, the following capitalized terms shall have the meaning ascribed to them herein below:
2.1. “Company” means Lupin Dental (SAS DIGICUTO), a joint stock company, duly incorporated and existing under the legislation of France, registered in the Registry at the Commercial Court of Marseille under Siret 850 067 877 00017, VAT registration number FR20850067877, having its registered seat and address of management at 132 Rue du Commandant Rolland, Villa Cadenelle, 13008 Marseille, 8E Arrondissement, France, which offers and provides the services, described in section IV and section VI herein below, subject to the present GTU ;
2.2. “Site” means the website https://hismiley.com which is a webpage, owned and operated by the Company;
2.3. “Software” or “Hi Smiley” means a digital smile design software that creates 2D visualization and 3D printable mock-ups of the upper jaw. The Software personalizes the design according to patient’s facial type and personality and provides automated 2D visualization and 3D printable mock-up. The Company is the owner of the Software and possesses all copyrights on and related to it;
2.4. “User” means anyone who accesses the Site without a registration as a guest or creates a user account in order to use the services of the Company;
2.5. “User account” means a specific area on the Site which is created to be accessed and used exclusively by a particular User under the present GTU. The User account consists of the following sections: (i) ”my profile“ which contains personal information about the User; and (ii) ”cases“ which contains subsection for each particular patient of the User;
2.6. “User content” means any photographic, audiovisual or textual materials that Users create and place on the Site;
2.7. “Patient” means a physical person (only human beings, no animals), who is the final recipient to the 2D visualization and 3D printable mock-up, created by the User via the services on the Site;
2.8. “2D visualization” means a preview of the aesthetic design of the upper jaw of a respective Patient facial image;
2.9. “3D printable mock-up“ means a wax up of the aesthetic design of the upper jaw of a respective Patient;
2.11. “Intellectual property” means any rights, including but not limited to copyright and related rights, trademark, database rights, industrial design, patent, utility model, transfer of technology pursuant to applicable legislation in the materials on this Site, as well as the organization and layout of the Site, and the rights in any software or underlying software code which are owned by the Company or their licensors;
III. APPLICATION OF GTU. VALIDITY. AMENDMENTS
3.1. These GTU apply in the relation of the User and the Company as a valid and binding agreement between the said two parties, regarding the terms under which the Company will provide the User with the services on the Site. The text of the present GTU is available on the Site at any time in its effective last up-dated version.
3.2. By clicking on the button named “accept”, the User signifies its agreement to keep these GTU (”Acceptance”). The User agrees that its assent, given electronically, will have the same legal effect as if it had been personally signed by User. By using the services on the Site the User agrees to be legally bound by these GTU and all terms, policies, manuals and guidelines incorporated by reference in these GTU. If the User does not agree with the GTU in their entirety, the User should not access or use the Site and may not use the services on the Site.
3.3. These GTU take effect as of the moment of the submission of the electronic statement under item 3.2 herein above. These GTU shall have effect with respect to Users until the termination of their registration and the deletion of their User account from the Site and the servers used by the Company.
3.4.The Company is entitled to amend or modify any of the terms and conditions contained in these GTU, or any policy, manuals or guideline of the Site, at any time and in its sole discretion. We therefore recommend that you re-visit this page from time to time. The Company undertakes to publish detailed information on such amendments on the Site in such a manner as to make such information immediately noticeable upon accessing the Site. If the Users disagree with such amendments in the present GTU and upon written notification of the Users of their disagreement with the amendments in the GTU their User accounts will be closed by the Company without further obligation between the parties.
3.5. Unless otherwise specified, any amendments or modifications of the present GTU will be effective immediately upon posting of the revisions on the Site. If Users continue to use the services after the publication of the amendments that shall constitute their acceptance of the changes, amendments or modifications. The GTU will always show the ”last updated” date at the top of the document.
3.6. These GTU have been drafted and shall be available in the English Language.
IV. SERVICES PROVIDED ON THE SITE
4.1. The Company provides Users with 2D visualization and/or 3D printable mock-ups of upper jaw for a particular remuneration pursuant to Section VII of these GTU. The Company provides these services only to Users who make a specific registration with the Site pursuant to Section V of these GTU.
4.2. The 2D visualization and/or 3D printable mock-ups are created by the Software.
4.3. The process of using the services is described in details in Section VI of these GTU.
5.1. Registration and creation of a User account are required so that the Users could use the full services provided by the Company on the Site (details are listed in Section VI of these GTU).
5.2. The registration is performed via the electronic form available at https://hismiley.com and is free of charge.
5.4. By registering the Users agree and confirm that they provide true, accurate, current and complete information and agree to update the information in order to ensure that it is current.
5.5. The provision of inaccurate, incomplete and/or false information as well as the registering under third party’s name is forbidden and if reasonable doubts should arise that such registration has taken place, the Company is entitled to immediately terminate the registration and delete the account of the respective Users without warning the latter.
VI. USE OF THE SERVICES ON THE SITE
6.1. A User has two options to use services of the Company: (i) without an account and a registration – with a limited access; or (ii) to create an account and have a full access to all software features.
6.2. Accessing the Site without a registration as a guest provides a 2D visualization of a mock up only. In these cases, no case history is stored. The User can use a limited set of 2D-only software features and cannot continue to 3D printable mock-ups without registration. The User can share his/her case to other registered Users’ accounts by a specially developed feature in the Software.
6.3. After a registration and a creation of a User account the User logs in with his/her user name and password.
6.4. After logging in, the User opens a new case for a particular Patient and follows these three steps to create a 3D printable mock-up of the Patient’s upper jaw, namely:
6.4.1. Step 1 CAMERA:
(i) uploads required Patient’s name, last name and email in the specific place;
(ii) uploads required photos or take a photo of the Patient in the specific place that the Software is guiding. The photo has to meet some compulsory requirements, that could be found here: https://hismiley.com. The User has to upload photos of a human being only.
6.4.2. Step 2 2D:
(i) After uploading the required photos and automatic face reading, the User will immediately see the lip contour outline of the Patient on the screen. The User clicks on the lip contour outlines and and adjust them into their correct positions and then clicks on the button ”Next”.
(ii) Previews the completed 2D design proposal of the upper jaw of the Patient;
(iii) The User has multiple options to ”Edit” or ”Select design” or ”Reset”;
(iv) Click on the button ”Select design” opens a scroll menu button. Scrolling down with the left side scroll changes the main design proposal. Scrolling down with the right side scroll changes the additional sub-designs related to the main one. Second click on the button ”Select design” closes the scroll menu.
(v) Five editing tools are available on the right side on the screen. Click on each of them provides different editing options.
(vi) After completing all editing options a click on the button ”Continue” saves all changes. The Software opens a new screen with a before/after slider to preview the design and three buttons ”Edit”, ”Save” and ”Continue to 3D scan”.
(vii) The button ”Edit” opens the editing tools page. The button ”Save” downloads the software 2D design proposal as .jpg image. The button ”Continue to 3D” leads to the next step 3 (this feature is accessible only for registered Users.
(viii) For anyone who accesses the Site without a registration as a guest the button ”Continue to 3D scan” is replaced with a new one ”Send to the dentist”. Click on that button gives an option to share the case with a registered User, dentist or dental specialist.
6.4.3. Step 3 UPLOAD:
(i) Drags and drops an STL file (STL file of the scan of the intra oral impression of the upper jaw preferably the upper jaw frontally orientated) in the upload area that the Software is showing. The STL file has to encompass the whole prosthetic area (the whole upper jaw, teeth shapes and cervical areas of the teeth should be clearly distinguishable, without artefacts, fixed occlusion, antagonists of the lower jaw). The file format must be STL only.
(ii) The STL file of the lower jaw could be uploaded by the User but without any effect of the subsequent processing and visualization, only for storage.
6.4.4. Step 4 3D:
(i) The User clicks on the button ”3D generator” and the Software will provide the User with a 3D functionality of the Software immediately:
(a) First screen is dived in two parts. The left side of the screen contains uploaded STL file in 3D perspective view. The right side of the screen contains 2D picture in close up position.
On the left side of the screen select 3 points on the uploaded STL file by using click of the mouse, then select 3 points on the jaw:
▪ Yellow -
tip of 13
▪ Red - Mesio incisal corner of 21
▪ Green - tip of 23
Automatic check that the stage is complete (all pints are selected). Notification appears “You can adjust the points”. If the points are in correct places click the button “Next”.
On the right side of the screen adjust the 3 points on the close up picture on their correct places:
▪ Yellow -
tip of 13
▪ Red – mesio incisal corner of 21
▪ Green - tip of 23
Automatic check that the stage is complete (all pints are selected). Notification appears “You can adjust the points”. If the points are in correct places click the button “Calibrate”.
The goal is to calibrate the position and the rotation of the STL file with the photo. After calibration, the left side of the screen contains positioned STL file with correctly selected pins and the right side of the screen contains calibrated STL file overlapped to the 2D picture. A notification “calibration done” appears at the bottom right side of the screen. The User must evaluate the calibration. Use the button “Re-calibrate” to reset the setting. When ready to continue, click the button “Continue to design”.
(b) Second screen is split in two and contains:
The left side of the screen contains:
▪ Uploaded STL file in 3D - perspective view
▪ Occlusal, sagittal and facial views
The right side of the screen contains:
▪ Face preview - only front view, not clickable
Second screen - editing tools
The left side of the screen contains:
· Uploaded STL file in 3D and proposed 3D design-perspective view.
· View controls: Select view: three views: sagittal, frontal, occlusal.
· Editing controls Move. Moving the object depends on the selected view (four directions as visible in each preview). The uploaded STL file will not move. Only the mock-up moves.
· Edit the Buccal corridors with the button plus and minus control the width of the arch in the premolar and molar area.
· Edit Canting (Cant left/right) is available only on facial view like two arrows Left arrow (up/down) Right (Up/Down)
· Edit Scaling. Scale up and down the library. When the 3D mock-up is created and needed adjustments clicking the reset button Reset 3D to clear all editing.
The right side of the screen contains:
· Face preview – only front view, not clickable and position the uploaded STL file and the mock-up in 3D over the face based on the selected points.
· No editing here.
When the 3D mock up is created, it will be available in the preview area of the respective case of the particular Patient of the User. The User can download the file with the created 3D mock up by click on button “Continue”.
(c) Third screen contains export the design with three options:
· Export the case 3D Printer; Export the closed mash for printing.
· Export the case in Exocad; Export the file in separated mash.
· Export the case as a downloadable link.
(ii) The Company does not take any responsibility for any imperfections of the provided digital files and their clinical application.
6.5. The User will receive a high quality 3D digital mock ups only if all requirements for the photos, the STL file under item 6.4 and all additional guidelines on the Site, were fulfilled accurately when the User submits the case.
6.6. Each case (the four steps in item 6.4 above) has to be completed in one-year term since the first step in item 6.4.1. was done.
6.7. The file with 3D mock up will be available for the User to download it for one year since the Company has sent to the User a notification for the created 3D mock up pursuant to item 6.5 above.
VII. REMUNERATION FOR THE SERVICES ON THE SITE
7.1. The remuneration for the services is specified in the price list located at https://app.hismiley.com/help…..
7.2. The User may pay the remuneration either immediately or within 5 days of order submission, via a bank transfer on the bank account of the Company. In all cases the Company will issue and send to the User an invoice.
7.3. The bank details of the Company are as follows:
7.4. The User is responsible for all applicable taxes and all duties, whether international, national, state, or local, however designated, which are levied or imposed by reason of the transaction contemplated hereby, excluding, however, income taxes on profits which may be levied against the Company.
VIII. RIGHTS AND OBLIGATIONS OF THE USERS
8.1. The Users are responsible for:
(i) securing the necessary technological means and equipment in order to ensure that they can use the services provided by the Company. For the normal use of the service the device of the User (computer, laptop, tablet, mobile phone or other device) must have an operating system version of …………………. or ………….. or any subsequent one, as well as a secured Internet connection. If the appropriate software, hardware and Internet connection are not provided, the use of the Site and the services will be hindered or impossible. For normal use of the Site and the services, it is necessary to have an Internet connection.
(ii) medical treatment planning and the treatment results of themselves or of their Patients.
8.2. The Users are entitled to:
(i) access the Site and thereby the services provided by the Company, in accordance with the provisions of these GTU;
(ii) access, amend and modify their User account by providing their User Name and Password;
(iii) upon their own discretion, to cease at any time the use of the services provided by the Company as well as to terminate their registration and delete their account on the Site
8.3. Users hereby undertake:
(i) to immediately notify the Company for each case of infringement committed by the Users or by any third party, in the process of using the services provided on the Site;
(ii) to inform opportunely the Company of any interruptions and problems in the use of provided services;
(iii) to pay the remuneration for the services provided by the Company;
(iv) to keep any rules or regulations that the Company publishes on the Site and/ or rules and regulations which are hereby incorporated into these GTU ;
(v) to comply with all applicable laws and regulations with respect to use of the services;
(vi) not to rent, lease, sublicense, re-sell, distribute, transfer, copy or modify the services or any component thereof;
(vii) not to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, or transmit the services or any portion thereof;
(viii) not to delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Site or contained in the services.
(ix) not to make malicious attempts to interrupt any functionality of the Site and/or the services, not to distribute files with viruses and software that can be used for unauthorized access, modification, deletion or damage of data files;
(x) not to post, transmit or disseminate any information on or via this Site which is or may be harmful, obscene, defamatory or otherwise illegal;
(xi) not to take any action that imposes an unreasonable or disproportionately large load on the Site or related infrastructure;
(xii) to keep the information about himself/herself provided to the Company up to date;
(xiii) to independently monitor the current conditions of the GTU published by the Company.
IX. RIGHTS AND OBLIGATIONS OF THE COMPANY
9.1. The Company is obliged to act in good faith and with due diligence upon providing the services.
9.2. The Company carries out its commercial activity entirely in accordance with the applicable French and EU Legislation. As a part of its activity for providing the services subject-matter of these GTU, the Company stores information, photos, documents and other content, including personal data placed on the servers used by the Company, by the Users, and in light of the provided services and the applicable legal requirements, the Company is entitled to disclose such information and personal data to the competent official authorities in cases when such disclosure is necessary for the preservation of the rights of third parties and of the Company itself and when such disclosure is required by the competent authorities in the legally prescribed manner.
9.3. The Company is entitled to deactivate and delete a User’s account in the event that such account has not been used or accessed by the respective User in a term of 12 months.
9.4. Apart from the cases under the preceding paragraph, the Company is entitled upon its own discretion to suspend the User’s access or to deactivate an account and delete the registration of a User without any prior warning in case the Company has reasonable doubt that any content placed on such profile as well as any activity of the User to which the account pertains, contradicts the applicable French or EU Legislation, infringes the rights of the Company or any third parties, represents a breach of the obligations of the Users under the GTU, is contradictory to the accepted principles of morality or represents criminal acts or other illicit conduct or if this is necessary to ensure the proper functioning of the Software and technical infrastructure of the Company.
9.5. The Company is not liable for the medical treatment planning and the treatment results of the User’s patients.
9.6. The Company has the right to receive the remuneration for the services, provided on the Site.
9.7. The Company reserves the right to update the content and functionalities of the services and/or the Site by providing the User with access to a subsequent, improved version thereof.
X. LIABILITY. LIMITATION OF THE LIABILITY
10.1. The services and the programs present on the Site are not a treatment tool or a medical device. The services and the programs present on the Site are providing a tool that may be used in a range of applications, but the Company is making no statement or claim as to their safety, efficacy, or suitability for a particular purpose or application. The services and programs present on the Site, as well as the associated information, have not been medically assessed and approved. Provided 2D visualization proposals and 3D mock-up models are for informational purposes only, can only be used for explanatory and motivational purposes, and should not be relied upon or used as the sole basis for a real treatment performance. They are not intended to serve for diagnostic purposes, nor to treat, cure, or prevent any disease or condition. No medical advice can be concluded from using the services and programs present on the Site, and they cannot replace the services of health care professionals. Users should rely on their own or their experienced professionals’ medical, dental and/or professional judgment in making diagnostic and treatment decisions, tooth preparation, surgical guide, etc. Each User is solely liable for his/her accurate diagnosis, choice of treatment, medical recommendations, medical advice, specifications for treatment design, as well as any medical, dental or orthodontic end-products designed for the User using the services and the programs present on the Site.
10.2. Any and all information presented on the Site is not meant as a substitute for or an alternative to information from healthcare practitioners. We strongly recommend using the services and the supervision of relevant experienced professionals. Never disregard professional medical advice or delay in seeking it because of the use of the services and the programs present on the Site. Neither the Company, nor its representatives is providing any medical advice, and none should be inferred, from any ideas, suggestions, testimonials or other information set forth on this Site or in other materials or provided over the phone, in the mail or in email correspondence.
10.3. The Company cannot guarantee a particular result. You acknowledge that you are using the Site, the applications, and the services at your own risk. The Company is not responsible for any decisions, and potential subsequent incidents, you or someone that takes care of you might make, based on the use of the services and the programs present on the Site.
10.4. The Site, the Site information and the services and the programs present on the Site, including, without limitation, all design, visualization and mock-up services, are provided "as is", without any warranties of any kind, and to the full extent permitted by applicable law, the Company, its affiliates and its third party service providers hereby expressly disclaim any and all warranties, express and implied, including, without limitation, any warranties of accuracy, completeness or reliability, title, noninfringement, merchantability or fitness for a particular purpose, or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form. Users specifically acknowledge that the Company is not liable for any injury or damages caused by any end-product produced or designed using the services and the programs present on the Site. You expressly agree that your use of the services and the programs present on the Site is at your sole risk.
10.5. In no event shall the Company be liable to Users, User’s patients or any third party for any direct, indirect, incidental, consequential, punitive, special or exemplary damages (including, without limitation, loss of profits, loss of use, loss of data, loss of information, transaction losses, opportunity costs, interruption of business or costs of procuring substitute goods or services) resulting from, arising out of or in any way relating to the User’s use of the Site, the services and the programs present on the Site or the information accessed via the Site, regardless of the form of claim or action, whether based on contract, tort, strict liability, statute or otherwise, and regardless of whether or not such damages were foreseen, unforeseen or foreseeable.
10.6. The Company is not liable for any User content placed on the Site nor is it liable for any behaviour of the Users with respect to the use of the services provided by the Company.
10.7. The Company is not liable for the disability to provide certain services in the event of force major. For the purposes of these GTU force major shall mean any event that is not controlled or cannot be influenced by the Company, such as unforeseeable circumstances, technical or other failure of the Internet, any technical problems caused by the equipment of the Users, etc.
10.8. The Company is not liable for any damages to the software, the hardware or the equipment of the Users, or for the loss or corruption of data, all of the above resulting from the use of the services provided by the Company.
10.9. The Company does not guarantee that it the Site will always be available, or that it will always perform at a particular speed or with particular functionality.
10.10. The Company does not guarantee that the Site will be secure or free from bugs or viruses. The Users are responsible for configuring their technology, computer programmes and platform in order to access this Site and they should use their own virus protection software.
10.11. Users are responsible for any unauthorized attempts to access other's User profiles, record and/or share other's User information.
XI. INTELLECTUAL PROPERTY RIGHTS. PRESERVATION OF IP RIGHTS.
11.1. The Company owns all Intellectual property over the Software.
11.2. The name of the Company and the name of the Software are protected as trademarks.
11.3. The Company owns utility model and patent for the invention ”3D digital dental mocks up production system”.
11.4. The User may not use, copy, reproduce, modify, alter, publish, broadcast, distribute, display, post, sell, transfer or transmit in any form or by any means, any Intellectual Property belonging to the Company whether in whole or in part, nor use the material or Software to create derivative works, without the prior written permission of the Company.
12.1. The Users undertake to indemnify the Company as well as any third parties who have endured any damages or have suffered losses as a result of any actions carried out by the Users, as well as in all cases where such damages result from any breach of the obligations set forth in the present GTU.
12.2. In case of copying or any form of illegal reproduction or use of content available on the Site as well as in the event of any infringement of any Intellectual Property rights belonging to the Company, the infringer is obliged to indemnify the infringed party for any damages suffered by the latter as a result of the infringement.
XIII. PERSONAL DATA PROTECTION
13.1. Detailed information on how the Company collects, uses, discloses, and safeguards Users’ information when the Users visit our Site, the purposes of the processing for which the personal data are intended as well as the legal basis for the processing, why we use and share such data, how long we store it, and how the Users may exercise their rights is available here: https://hi smiley/data-protection-policy.
14.1. Detailed information regarding the Company’s Cookies Policy is available here: https://cookiesandyou.com/
XV. THIRD PARTY LINKS OR INFORMATION
15.1. The User may provide a third party with a hyperlink to the Site in connection with some of the steps for using the services pursuant to Section VI of these GTU. In such cases the User is entirely liable for the activities performed by the third parties on the Site.
15.2. The services may contain links to other websites that are not operated by or related to the Company. The Company is not responsible for the content, accuracy or opinions expressed in such third party websites, and does not investigate, monitor, or check these websites for accuracy or completeness. The inclusion of any linked website on this Site does not imply approval or endorsement of the linked website by the Company. The User that leaves the service to access these third-party sites does so at his/her own risk.
16.1. Any statements pursuant to these GTU shall be deemed valid if they are executed in the form of a letter with a retuned receipt, e-mail or the pushing of a particular virtual button available on the Site, as well as by any other means according to the applicable legislation which allow the reproduction of such a statement.
16.2. Any electronic statements will be deemed to have been received by their addressees when such statement enters the information system of the addressee, without the necessity of a specific confirmation. In case a Registered User is the addressee of such electronic statements, the latter will be deemed to have been received by being sent to the e-mail specified by the User upon the creation of the account.
16.3. Contact Information about the Company:
Address: LUPIN dental, 132 Rue du Commandant Rolland, Villa Cadenelle, 13008 Marseille, 8E Arrondissement, France
16.4. The invalidity of any provision of these GTU does not affect the legality, validity or enforceability of any other provisions of these GTU, which continue to be in full force and effect. The invalid provision must be replaced by a legal, valid and enforceable provision to the same effect from the applicable French and EU Legislation.
16.5. The effective French and EU Legislation shall apply with regard to any outstanding issues regarding these GTU.
16.6. The Parties will attempt to resolve any disputes in a spirit of mutual consent and understanding. In case of any unresolved disputes between the Parities, arising from or concerning the present GTU, including any disputes related to the validity, enforcement or termination of the agreements under the present GTU, filling of gaps or adaptation to newly occurred circumstances, such disputes shall be resolved in accordance with the current French Legislation by the competent French courts seated in the city of Paris.