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Evolved Orthodontics, S.L., registered in the Mercantile Registry of Málaga under the Electronic Volume, Page MA-186965, Electronic Sheet, with Tax ID (CIF) B75736959 (hereinafter “Evolved,” “Evolved Orthodontics”), offers OrthoKit, an application designed to optimize your productivity in the field of orthodontics. These terms and conditions govern your use of our application, referred to here as “OrthoKit,” for safe and productive use. OrthoKit is developed by a team of independent developers, focused on offering you the best practical and efficient solutions.

License

  1. Granted License: Evolved Orthodontics grants you a non-exclusive, revocable, and personal license to use OrthoKit, under the terms described herein, exclusively for productivity and management purposes within your orthodontic practice.
  2. Software Ownership: The products of the App Store Service are licensed, not sold, and their use is subject to the acceptance of this End User License Agreement (EULA), referred to here as the Terms and Conditions.
  3. Reserved Rights: Evolved 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 any Apple device (Mac, iPhone, iPad, or Vision Pro) that you do not own or control, and you may not copy, modify, or distribute OrthoKit without prior authorization.
  2. Device Transfer: Remember that if you sell your device to a third party, you must delete OrthoKit from your device beforehand.
  3. Permitted Use: OrthoKit must not be used for direct medical diagnosis or treatment, only as a productivity tool to organize your records on your device so you can make the best clinical and medical decision based on your knowledge.

Obligations

You must ensure that all activities of collecting, storing, and processing personal data are carried out in accordance with the 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 be encrypted using industry-standard encryption technologies. This helps protect information in the event of unauthorized access or security breaches. On your Apple device, these security measures are usually enabled by default (FileVault and encryption via Apple’s T2 Chip).
  • Password, FaceID, or TouchID Protection: You must secure access to patients’ personal data by using strong and secure passwords or a compatible biometric method. It is also recommended 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 freely given by the patient, clearly stating the purpose of data processing.
  • Access and Rectification: You must provide patients with the option to access their personal data, correct it if it is inaccurate, and delete it upon request, thus complying with their rights under the GDPR.

Backups

It is vital for data security to perform regular backups of the information managed in OrthoKit. This process helps prevent data loss and is essential for GDPR compliance. Make sure to:

  • Make regular backups.
  • Store backups securely, preferably in services that comply with data protection regulations and offer encryption and password protection.
  • To create a backup in OrthoKit, go to Settings > Storage > Export backup.

Responsibility and Training

  • As the controller of personal data processing, you must ensure that anyone with 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 for responding 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 required to notify the competent supervisory authority without undue delay and, where feasible, not later than 72 hours after becoming aware of it.

Disclaimer

  1. No Warranties: OrthoKit is provided “as is,” without warranties of being a certified medical device. We do not assume responsibility for any medical decisions made based on its use.

  2. Data Use: Evolved Orthodontics assumes no responsibility regarding the use you make 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, Evolved Orthodontics has no control over how you use this data. In the event of an information leak, whether intentional or accidental (for example, due to theft or hacking, among others), Evolved Orthodontics assumes no liability, 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 already own. This app is not classified as a medical application nor is it certified, and therefore it is not intended to be used as a tool for making medical decisions. All responsibility in making medical decisions lies with you as the clinician, and OrthoKit assumes no liability whatsoever since 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: Evolved Orthodontics does not guarantee that the application will operate uninterruptedly or be error-free, and assumes no liability for indirect, special, incidental, punitive, personal injury, special (indirect or consequential) damages, or consequential damages that may arise as a result of using the application or the inability to use it. If the application does not function properly, the only remedy for the User is to terminate the agreement and waive any right to claim damages. The User is solely responsible for the use made of the application and for ensuring it complies with all applicable laws and regulations.

Force Majeure

Evolved Orthodontics shall not be liable for delays or failures in the provision of the application or in fulfilling any obligation when such delays or failures result from circumstances beyond its reasonable control (natural disasters, network failures, power outages, labor disputes, governmental actions, etc.). In such cases, Evolved Orthodontics is exempt from all liability, and no claims for damages shall proceed.

Termination

  1. Breach of Terms: Evolved Orthodontics may terminate this license upon any breach of these terms.
  2. Right of Cancellation: Evolved Orthodontics reserves the right to cancel or suspend access, development, and support of the app at any time without prior notice, without any liability to the Licensor.
  3. Post-Termination Use: In the event of termination, the User may continue using the app subject to the present conditions or any future conditions arising from the discontinuation of support.

Applicable Law and Jurisdiction

  1. Applicable Law: These terms are governed by the laws of the country where the application operates, and any dispute will be resolved in its jurisdiction.
  2. Dispute Resolution: Any dispute arising out of or relating to this EULA or the product shall be resolved by binding arbitration rather than in court.
  3. Arbitration Procedure: The arbitration shall be conducted in accordance with the rules of the European Arbitration Association.
  4. Arbitral Award: The arbitrator’s decision shall be final and not subject to appeal, and may be confirmed by any court of competent jurisdiction.

Data Collection

  1. Use of Technical Data: You agree that Evolved Orthodontics 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, collected periodically to improve the product, facilitate the provision of software updates, support, and other services related to OrthoKit.
  2. Data Anonymity: Evolved Orthodontics may use this information as long as it is in a form that does not personally identify you.
  3. No Transfer to Third Parties: The collected information will not be shared with third parties under any circumstances.

Technical Support

  1. Subscription Rights: Payment for the use of OrthoKit grants you the right to use the application, but does not include an entitlement to technical support.
  2. Altruistic Support: On an altruistic basis, Evolved Orthodontics may offer occasional assistance, with no commitment and no profit motive, subject to availability.
  3. Official Support Channels: Requests for support can be made through the methods 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, you are responsible for ensuring that your use of OrthoKit complies with the local laws and regulations applicable in your jurisdiction. Please note 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 remain compliant with these regulations.

Service and Price Modifications

  1. Service Modifications: Evolved Orthodontics reserves the right to modify or discontinue, temporarily or permanently, the application or any associated service with or without prior notice. We are committed to communicating any significant changes in functionality, availability, or the terms of service in a clear and timely manner.
  2. Price Adjustments: Likewise, OrthoKit’s prices are subject to change. Any changes to fees or subscription plans will be announced by Apple at your iCloud email address, allowing you to make an informed decision on whether to continue using OrthoKit under the new conditions. All price changes will take effect at the start of the next billing cycle after notification, ensuring you have enough time to adjust or cancel the service if you choose.

General Provisions

  1. Severability: The invalidity of any provision does not affect the validity of the remainder of the EULA.
  2. Assignment: You may not assign your rights under this agreement without our prior consent.
  3. Entire Agreement: 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 Evolved Orthodontics, protected under intellectual property laws.
  6. Acceptable Use: To ensure a positive experience for all users, we establish certain usage restrictions. The use of OrthoKit for illegal purposes, infringement of intellectual property rights, fraudulent data collection, or any other activity that may be considered malicious or harmful to other users is expressly prohibited. We reserve the right to terminate or suspend your access to the application for any usage we deem inappropriate or harmful.
  7. User Contributions: We greatly value your feedback and suggestions to improve OrthoKit. Any feedback, idea, or improvement proposal you send us will become the property of OrthoKit, allowing us to use these valuable contributions for the future development of the application, with no obligation whatsoever to the contributor.
  8. OrthoKit Updates: The app is constantly evolving, providing updates that range from security improvements and new features to bug fixes. Updates will be reported through the App Store and, in some cases, applied automatically, thus ensuring that you always have access to the most recent and secure version. We encourage you to keep your application up-to-date to get the most out 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, costs, and expenses (including reasonable legal fees) arising from your improper use of the application, your violation of these terms, or any activity related to your account (including negligent or unlawful conduct) by you or anyone accessing the application using your account.

Contact

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

  1. Email: contacto@orthokit.es
  2. Contact Form: www.orthokit.es/contact
  3. Instagram: www.instagram.com/orthokit.app
  4. App: You can also contact us 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.
  5. Company Website: https://www.evolved.es / info@evolved.es