TERMS AND CONDITIONS

Last updated 10.01.2022

 

I. DEFINITIONS:

When used in this document, the following capitalized terms will have the meaning ascribed to the below:

 

Hi smiley is the Company that operates the webpage https://hismiley.com and thereby offers the services-subject to the present Terms of use (hereinafter shortly referred to as the “Company”);

- is a webpage, owned by the french-based limited liability company Hi smiley, where via specific software automated 3D printable mock-ups of upper jaw are provided to the Users for their patients pursuant to the present Terms of use (hereinafter shortly referred to as the “Website”);

a digital smile design software that creates 3D printable mock-ups of upper jaw. The software personalizes the design according to patient’s facial type and personality and provides automated 3D printable mock-up. The Company LUPIN dental is the owner of the software and possesses all copyrights for it (hereinafter shortly referred to as the “Software”);

1.4. User – anyone who accesses the website without a registration as a guest or creates a user account in order to use the services of Hismiley. Usually users are dentists, other dental specialist who provide their patients with 3D printable mock-ups or non professionals who accesses the website without registration as a guest and provide a 2D visualization of a mock up;

1.5. User account - means a specific area on the Website which is created to be accessed and used exclusively by a particular User under the present Terms of Use. The User account consists of the following sections:

-“my profile” – contains personal information about the User;

-“cases” – contains subsection for each particular patient of the User;

1.6. User content - means any photographic, audiovisual or textual materials that Users create and place on the Webpage;

1.7. Patient – 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 website;

1.8. 2D visualization- a preview of the aesthetic design of the upper jaw of a respective patient facial image;

1.9. 3D printable mock-up – a wax up of the aesthetic design of the upper jaw of a respective patient;

1.10. GTU – means these General Terms of Use;

1.11. Intellectual property - means any rights, including but not limited to copyright and related rights, trademark, industrial design, patent, utility model, transfer of technology pursuant to applicable french and European Union Legislation;

 

II. APPLICATION OF GTU. VALIDITY. AMENDMENTS:

 

2.1. 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 Website. The text of the present GTU is available on the Website.

2.2. By clicking on the button named “I 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. Using the services on the Website the User agrees to be legally bound by GTU and all terms, policies, manuals and guidelines incorporated by reference in these Terms. If the User does not agree with GTU in their entirety, they may not use the services on the Website.

2.3. These GTU take effect as of the moment of submission of the electronic statement under item 2.2 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 Website and the servers used by the Company.

2.4.The Company is entitle to amend or modify any of the terms and conditions contained in these GTU, or any policy, manuals or guideline of the website, at any time and in its sole discretion. The Company undertakes to publish detailed information on such amendments on the Website in such a manner as to make such information immediately noticeable upon accessing the Website. If the Users disagree with such amendments in the present Terms, their User account will be closed by the Company without further obligation between the parties.

2.5. Unless otherwise specified, any amendments or modifications of the present GTU will be effective immediately upon posting of the revisions on the Website. If Users continue to use the Services after the publication of the amendments that will constitute their acceptance of the changes, amendments or modifications. The Terms will always show the ‘last updated’ date at the bottom.

2.6. These GTU have been drafted and will be available in the English Language.

 

III. SERVICES PROVIDED ON THE WEBSITE 

 

3.1. The Company provides Users with 2D visualization and/or 3D printable mock-ups of upper jaw for a particular remuneration pursuant to Section VI of these GTU. The Company provides these services only to Users who make a specific registration with the Website pursuant to Section IV. of these GTU.

3.2. The 3D printable mock-ups are created by the software “Hismiley”.

3.3. The process of using the services is described in details in Section V. of these GTU.

 

IV. REGISTRATION

 

4.1. Registration and creation of a User account are required so that the Users could use the Services provided by the Company on the Website. The Registration is performed via the electronic form available at https://hismiley.com and is free of charge.

4.2. The Registration is effectuated by the User clicking on the option “I agree that I have read and agree with the Data Protection Policy” and “I agree that I have read and agree with the Terms of Use”.

4.3. 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.    

4.4. 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.

 

V. USE OF THE SERVICES ON THE WEBSITE.

5.1.  User have two options to use services of Hismiley without account and registration with limited access or to create an account and have full access to all software features.

5.2. Accesses the website without registration as a guest provide 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. User can share their case to other registered users accounts by a specially developed feature in the software.

5.3. After registration and creation of User account the User logs in with their user name and password.

5.2. 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:

5.2.1. Step 1 CAMERA: 

The User:

a) uploads required patient name, last name and email in the specific place

b) uploads required photos or take a photo of the patient in the specific place that the software is guiding. The photos has to meet some compulsory requirements, that could be found here: https://hi smiley.com. The User has to upload photos of a human being only.

5.2.2. Step 2 2D:

a) 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 cklick on the button “Next’.

b) Previews the completed 2D design proposal of the upper jaw of the patient;

c) User have multiple options to “Edit” or “Select design” or “Reset”

d) click on button “Select deisgn” opens a scroll menu button. Scrolling down with the left side scroll changes the main design proposal. By scrolling down with right side scroll changes the additional sub-designs related to the main one. Second click on the button “Select deisgn” closes the scroll menu.

e) Five editing tools are avalble on the right side on the screen. Click on each of them provide different editing options.

f) After completing all editing options clicks button “Continue” to save 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”.

g) Button “Edit” opens the editing tools page. Button “Save” download the software 2D design proposal as .jpg image. Button “Continiue to 3D scan” follow the step 3 (this feature is accesabel only for registrated users.

h) Anyone who accesses the website 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 registered user, dentist or dental specialist.

5.2.3. Step 3 UPLOAD: 

The User:

a) 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 uload 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.

b) The STL file of lower jaw could be uploaded by the User but without effect of the subsequent processing and visualization, only for storage.

5.2.4. Step 3 3D:

The User:

a) clicks on the button “3D genrator” the software will provide the User with a 3D mock up immediately:

b) 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.

The Company does not take any responsibility for any imperfections of the provided digital files and their clinical application.

5.5. The User will receive a high quality 3D digital mock ups  only if all requirements for the photos, the STL file under item 5.2. and under all additional guidelines on the Website, was fulfilled accurately when the User submit the case.

5.6. Each case (the four steps in item 5.2 above) has to be completed in one-year term since the first step in item 5.2.1. was done.

5.7. 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 5.2.3, c) above.

 

VI. REMUNERATION FOR THE SERVICES ON THE WEBSITE.

 

6.1. Remuneration is specified in the price list.

6.2. 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.

6.3. The bank details of the Company:

6.4. 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.

 

VII. RIGHTS AND OBLIGATIONS OF THE USERS

 

7.1. The Users are responsible for:

a) securing the necessary technological means and equipment in order to ensure that they can use the Services provided by the Company.

b)  medical treatment planning and the treatment results of their patients;

7.2. The Users are entitled to:

a) access the Website and thereby the Service provided by the Company, in accordance with the provisions of these GTU.

b) access, amend and modify their User account by providing their User Name and Password.

c) 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 Website

7.3. Users hereby undertake:

a) 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 Website;

b) to inform opportunely the Company of any interruptions and problems in the use of provided Services;

c) to pay the remuneration for the services provided by the Company;

d) to keep any rules or regulations that the Company publishes on the Website and/ or rules and regulations which are hereby incorporated into these GTU ;

e) to comply with all applicable laws and regulations with respect to use of the Services;

f) not to rent, lease, sublicense, re-sell, distribute, transfer, copy or modify the Services or any component thereof;

g) not to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, or transmit the Services or any portion thereof;

h) not to delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website or contained in the Services;

i) to pay the remuneration for the services;

 

VIII. Rights and obligations of the copmany

 

8.1. The company is obliged to act in good faith and with due diligence upon providing the Services.

8.2. The Company is not liable for any User content or for any activity of any of the Users with respect to the Services.

8.3. The Company carries out its commercial activity entirely in accordance with the applicable Bulgarian 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.

8.4. 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.

8.5. Apart from the cases under the preceding paragraph, the Company is entitled upon its own discretion to deactivate a 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 Bulgarian 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.

8.6. The Company is not liable for the medical treatment planning and the treatment results of the User’s patients.

8.7. The Company has the right to receive the remuneration for the services, provided on the website.

 

IX. liability. limitation of the liability

 

9.1. The Company undertakes to act in good faith and with the corresponding due diligence as to ensure reasonably good provision of the Services.

9.2. By accepting these GTU, the User hereby declares that the use оf the Services provided by the Company will be entirely at the risk of the User and the Company shall not be liable for any damages endured by the User or third parties as a result of the provision of the Services, unless such damages result from either intentional acts or gross negligence on the part of the Company.

9.3. The Company is not liable for any User content placed on the Website nor is it liable for any behaviour of the Users with respect to the use of the Services provided by the company.

9.4. 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.

9.5. The Company is not liable for any damages to the software, the hardware or the equipment of the Users, or for the loss of data, all of the above resulting from the use of the Services provided by the Company.

 

X. INTELLECTUAL PROPERTY RIGHTS. PRESERVATION OF IP RIGHTS.

 

10.1. The Company owns all copyright over the software – Hi smiley

10.2. The name of the Company and the name of the Software are protected as trademarks.

10.3. The Company owns utility model and patent for the invention “3D digital dental mocks up production system”.

10.4. The User shall not use any intellectual property belonging to the Company without the prior written permission of the Company.

 

XI. INDEMNIFICATION

 

11.1. 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 the cases where such damages result from any breach of the obligations set forth in the present GTU.

11.2. In case of copying or any form of illegal reproduction of content available on the Website 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.

 

XII. PERSONAL DATA PROTECTION

 

12.1. Detailed information on how the Company collects, stores and processes personal data of Users is available here: https://hi smiley/data-protection-policy

XIII. COOKIES

 

13.1. Detailed information regarding the Company’s Cookies Policy is available here: https://cookiesandyou.com/

 

XIV. THIRD PARTY LINKS OR INFORMATION

 

14.1. The User may provide a third party with a hyperlink to the website in connection with some of the steps for using the Services pursuant to Section V. of these GTU. In such cases the User is entirely liable for the activities performed by the third parties on the Website.

14.2. 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 Website 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 its own risk.

 

XV. CONFIDENTIALITY

 

15.1. The User agrees to maintain the confidentiality of the Company’s Confidential Information. For the purposes of these GTU, the term “Confidential Information” means all documents, photos, files, mock-ups, data, that may be uploaded, downloaded, stored, find, etc. on the website, as well as the whole workflow with all its steps for using of the Services on the Website.

 

XVI. MISCELLANEOUS

 

16.1. Any statements pursuant to these GTU shall be deemed valid if they are executed in the form of a letter with receipt, fax message, e-mail or the pushing of a particular virtual button available on the Website, as well as by any other means which allows 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. 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 current 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 General Terms of Use, including any disputes related to the validity, enforcement or termination of the present General Terms of Use, filling of gaps or adaptation to newly occurred circumstance, such disputes shall be resolved in accordance with the current Bulgarian Legislation by the competent French courts seated in the city of Paris

16.7. These GTU have been adopted by way of a Decision of the General Assembly of the Company, dated 03.09.2021 and have entered into force on 07.09.2021