OrthoKit is an application designed to optimize your productivity in the field of orthodontics. These terms and conditions govern your use of our application, identified here as “OrthoKit”, for safe and productive use. OrthoKit is developed by a team of independent developers (“OrthoKit Team”) focused on offering you the best practical and efficient solutions.

License

  1. License Granted: We grant you a non-exclusive, revocable, personal license to use OrthoKit, under the terms described here, exclusively for productivity and management purposes within your orthodontic practice.
  2. Software Ownership: App Store Service products are licensed, not sold, and their use is subject to the acceptance of this End User License Agreement (EULA) referred to here as Terms and Conditions.
  3. Reserved Rights: The OrthoKit Team reserves all rights not expressly granted to you under these terms and conditions.

Restrictions

  1. Device Use: You are not allowed to use OrthoKit on an Apple device (Mac, iPhone, iPad, or Vision Pro) that you do not own or control, and you cannot copy, modify, or distribute OrthoKit without prior authorization.
  2. Device Transfer: Remember that if you sell your device to a third party, you must previously delete OrthoKit from your device.
  3. Permitted Use: OrthoKit must not be used for direct medical diagnosis or treatment, only as a productivity tool to organize records on your device so that you can make the best clinical and medical decision based on your knowledge.

Obligations

You must ensure that all personal data collection, storage, and processing activities are carried out in compliance with GDPR principles. This includes, but is not limited to, ensuring legality, transparency, purpose limitation, data minimization, accuracy, storage limitation, integrity, confidentiality, and accountability.

Specific Security Measures

  • Data Encryption: It is imperative that all personal and sensitive data stored or transmitted through OrthoKit are encrypted using standard industry encryption technologies. This helps protect the information in case of unauthorized access or security breaches. On your Apple device, these security measures are usually activated by default (FileVault and encryption via Apple’s T2 Chip).
  • Password, FaceID, or TouchID Protection: You must secure access to patients’ personal data through the use of strong and secure passwords or compatible biometric methods. Additionally, it is advisable to implement regular password change policies and two-factor authentication where possible.
  • Informed Consent: It is essential to obtain and record the informed consent of patients before collecting, processing, or storing their personal data. This consent must be specific, informed, and given freely by the patient, making clear the purpose of processing their data.
  • Access and Rectification: You must provide patients with the ability to access their personal data, correct it if it is inaccurate, and delete it upon request, thus complying with their rights under GDPR.

Backup Copies

Making regular backups of the information managed in OrthoKit is vital for data security. This process helps prevent data loss and is essential for GDPR compliance. Ensure that you:

  • Perform backups periodically.
  • Store the copies securely, preferably in services that comply with data protection regulations, offering encryption and password protection.
  • To create a backup in OrthoKit, go to Settings > Storage > Export Backup.

Responsibility and Training

  • As the data controller, you must ensure that anyone who has access to this data is informed about GDPR obligations and is adequately trained in safe data handling practices. This includes having clear policies and procedures to respond to security breaches and data subject rights requests.

Breach Notification

  • In the event of a security breach that may compromise patients’ personal data, you are obligated to notify the competent supervisory authority without undue delay and, where feasible, no later than 72 hours after having become aware of it.

Disclaimer of Liability

  1. No warranties: OrthoKit is provided “as is”, without warranties of being a certified medical device. We assume no responsibility for medical decisions made based on its use.

  2. Data use: The OrthoKit Team assumes no responsibility in connection with your use of the data stored in the app. Although OrthoKit is designed to store and classify sensitive medical data such as medical information, photographs, X-rays, or dental scans, the OrthoKit Team has no control over your use of these data. In the event of an information leak, whether intentional or accidental (for example, as a result of theft or hacking, among others), the OrthoKit Team assumes no responsibility, and you agree to assume all risks associated with such an event.

  3. Clinical use: OrthoKit is an application whose purpose is to help clinicians increase their productivity by serving as a window to the records they themselves possess. This app is not classified as sanitary nor certified, and therefore it is not intended to be used as a medical decision-making tool. All responsibility for medical decision-making rests with you as a clinician, and OrthoKit has no responsibility in this regard, as it is not certified and may contain errors. Please use OrthoKit logically only as a productivity and support tool and not as a substitute for professional evaluation and judgment.

  4. Operation and damages: The OrthoKit Team does not guarantee that the application will function uninterrupted or error-free, and assumes no responsibility for indirect, special, incidental, punitive, personal injuries, incidental (special, indirect, or consequential) damages that may arise as a result of using the application or the inability to use it. In the event that the application does not function correctly, the User’s only remedy will be the termination of the contract and the waiver of any right to demand compensation. The User is solely responsible for the use of the application and for ensuring compliance with all applicable laws and regulations.

Termination

  1. Breach of terms: The OrthoKit Team may terminate this license upon any breach of these terms.
  2. Right to cancel: The OrthoKit Team reserves the right to cancel or suspend the app’s development and support at any time and without prior notice, with no liability to the Licensor.
  3. Post-termination use: In case of termination, the User may continue using the app subject to these conditions or future conditions resulting from the cancellation of support.

Applicable Law and Jurisdiction

  1. Applicable laws: These terms are governed by the laws of the country of operation of the application, and any dispute will be resolved in its jurisdiction.
  2. Dispute resolution: Any dispute arising from or related to this EULA or the product will be resolved through binding arbitration instead of going to court.
  3. Arbitration procedure: The arbitration will be conducted in accordance with the rules of the European Arbitration Association.
  4. Arbitral decision: The arbitrator’s decision will be final and unappealable and may be confirmed by any court with jurisdiction.

Data Collection

  1. Use of technical data: You agree that the OrthoKit Team may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is periodically gathered to improve the product, facilitate the provision of software updates, support, and other services related to OrthoKit.
  2. Anonymity of the information: The OrthoKit Team may use this information as long as it is in a form that does not personally identify you.
  3. No third-party sharing: The collected information will not be shared with third parties in any case.

Technical Support

  1. Subscription rights: Payment for the use of OrthoKit grants you the right to use the application but does not include a right to technical support.
  2. Altruistic support: In an altruistic manner, the OrthoKit Team may offer occasional assistance, without obligation and non-profit, subject to availability.
  3. Official support channels: Support requests can be made through the channels described in the Contact section.

International Use and Local Laws

  1. International Use and Compliance with Local Laws: OrthoKit is designed to be used by orthodontic professionals around the world. However, it is your responsibility to ensure that your use of OrthoKit complies with local laws and regulations applicable in your jurisdiction. You should be aware that data handling and privacy practices can vary significantly from one country to another, and it is crucial that you adapt your use of OrthoKit to comply with such regulations.

Service and Price Modifications

  1. Service modifications: The OrthoKit Team reserves the right to modify or discontinue, temporarily or permanently, the application or any service associated with it with or without prior notice. We commit to communicating any significant change in functionality, availability, or service terms in a clear and timely manner.

  2. Price adjustments: Similarly, OrthoKit’s prices are subject to change. Any changes in fees or subscription plans will be announced by Apple to your iCloud email, allowing you to make an informed decision about continuing to use OrthoKit under the new conditions. All price changes will be effective from the next billing cycle after the notification, ensuring you have enough time to adapt or cancel the service if you wish.

General Clauses

  1. Severability: The invalidity of any provision does not affect the validity of the rest of the EULA.
  2. Assignment: You may not assign your rights under this agreement without our prior consent.
  3. Entire agreements: These terms constitute the complete agreement between the parties.
  4. Modification: We reserve the right to modify these terms and conditions, notifying you of significant changes.
  5. Intellectual property: OrthoKit and all related content are the exclusive property of the OrthoKit Team, protected under intellectual property laws.
  6. Acceptable Use: To ensure a positive experience for all our users, we establish certain use restrictions. It is expressly prohibited to use OrthoKit for illegal purposes, infringe intellectual property rights, collect information fraudulently, or any other activity that may be considered malicious or harmful to other users. We reserve the right to terminate or suspend your access to the application for any use that we consider inappropriate or harmful.
  7. User Contributions: We greatly value your feedback and suggestions for improving OrthoKit. Any feedback, idea, or improvement proposal you send us will become the property of OrthoKit, allowing us to use these valuable contributions in the future development of the application, without any obligation to the contributor.
  8. OrthoKit Updates: The app is continuously evolving, providing updates that include everything from security enhancements and new functionalities to bug fixes. Updates will be informed through the App Store and, in some cases, may be applied automatically, ensuring that you always have access to the latest and most secure version. We encourage you to keep your application updated to take full advantage of its capabilities.
  9. Indemnification: By accepting these terms, you agree to indemnify and hold harmless OrthoKit, as well as its developers, directors, and agents, against any claim, loss, damage, liability, as well as costs and expenses (including reasonable legal fees) resulting from your misuse of the application, violation of these terms, or any activity related to your account (including negligent or wrongful conduct) by you or any person accessing the application using your account.

Contact

For questions or support, please contact us through one of the following official channels:

  1. Email: contact@orthokit.com
  2. Contact Form: www.orthokit.com/contact
  3. Instagram: www.instagram.com/orthokit.app
  4. App: You can also contact directly from the OrthoKit app. On macOS, iPadOS, iOS, and Vision Pro, you can find the Support button on the left sidebar of the app, at the bottom.

Note: This is an automatic translation from Spanish to English. For any questions, misunderstandings, or clarifications regarding this legal text, the Spanish version prevails.