User agreement Dental Coach Dashboard – Health Care Provider

The undersigned:

  1. the Partnership Periodontology Practice Friesland, having its office in Goutum, hereinafter referred to as “Dental Coach”, 

And

  1. (Health Care Provider)

 

Dental Coach 

  1. In this user agreement (“User Agreement”), the parties agree on the conditions under which care can be provided via Dental Coach’s mobile application (“App”).
  2. The App is offered and managed by Dental Coach. Dental Coach is a trademark and trade name of the Partnership for Periodontology Practice in Friesland, Goutum, the Netherlands. The partnership is registered with the Chamber of Commerce under the Chamber of Commerce number 83134530. For questions about the use of this App, please contact info@dentalcoach.app.

 

Dental Coach App:

  1. The purpose of the App is to guide patients individually towards optimal oral health/mouth hygiene and to record personal dental relevant data for use by a patient (“Patient”) and specific dental data for use by the dental care provider (“Health Care Provider”). In this context, the Health Care Provider is the oral hygienist, dentist, periodontist, prevention assistant, orthodontist, dental surgeon or other dental care provider who uses the App as an aid in the dental treatment of the Patient and for prevention.
  2. The Health Care Provider is also a user (“User”) within the meaning of this User Agreement.
  3. The Terms of Use and the privacy statement of Dental Coach (“Privacy Statement”) apply to the App.
  4. The Terms of Use and Privacy Statement under which the Patient uses the App can be consulted and downloaded via www.dentalcoach.app and will be sent upon request.
  5. If the services of third parties are used via the App, the general terms and conditions, the privacy and cookie policy (if any) of the third parties concerned shall also apply. Dental Coach is not responsible for the services and the privacy and cookie policy of third parties, unless this concerns export of personal Data to countries outside the EU, in which case Dental Coach will take additional measures if needed. In the event of contradiction, this User Agreement and Dental Coach’s Privacy Statement shall prevail.
  6. If goods and/or services are purchased from third parties or Dental Coach through use, additional conditions may apply. To the extent that these additional conditions conflict with this User Agreement, the User Agreement shall prevail.

Use of dashboard by Health Care Provider

The Patient’s data can only be viewed by the Health Care Provider with the Patient’s consent. The Health Care Provider gets access to the App by linking the App to its own work environment on the website of Dental Coach (“Dashboard”). This link takes place by scanning the App or a QR code by the Patient. This QR code is linked to the practice of the Health Care Provider. 

After concluding this User Agreement, the Health Care Provider will receive login details and a password from Dental Coach to log in to the Dashboard.

On the Dashboard, the Health Care Provider can view and adjust data of linked patients where necessary. The Health Care Provider enters data about the patient’s teeth, such as missing teeth, dental implants, type of toothbrush, toothpicks, brushes, etc. Dental Coach is not responsible for incorrect data entry and any consequence resulting from such incorrect entry. This (personal) data will be used to draw up a tailor-made treatment and prevention plan and to monitor the progress of this treatment and prevention.

The Patient chooses which Health Care Provider the App can be linked to. Dental Coach has no say in this. 

By linking via the QR code, the Patient consents to the insight into and use by the Health Care Provider of his data.

A Patient’s details remain visible to the last two attending Health Care Providers. Only the current attending Health Care Provider can adjust the data.

On the basis of the data entered, certain materials and products can be linked to the use of the App.

Dental Coach is superuser of the Dashboard. In the event of improper use of the Dashboard by the Health Care Provider, Dental Coach can order the Health Care Provider to stop this use. The Health Care Provider will immediately follow up this summons.

Cost of Use

Use of the Dashboard is based on a subscription. This use is free of charge for the first six months.

After the first six months, the subscription costs are calculated on the basis of the number of treatment chairs available to the Health Care Provider. In principle, the following table is used to determine the amount of the subscription costs:

  1. 1-2 treatment chairs – € 20 per month
  2. 3-5 treatment chairs – € 27,- per month
  3. 5-10 treatment chairs – € 32,- per month
  4. >10 treatment chairs – € 35,- per month.

 

All prices are excluding VAT. 

 

The Heath Care Provider is responsible for the correct input of the number of treatment chairs. Dental Coach expressly reserves the right to verify this number.

Subscription fees shall be paid every six months at the start of that period by direct debit. The Care Provider will receive a one-off invoice for this at the start of the subscription. In the event of early termination of the subscription, no refund will be made.

The subscription commences on the signing date of the User Agreement.

Obligations Dental Coach

Dental Coach will take care of the maintenance of its website and the Dashboard and (continuous) updates where necessary.

If maintenance by Dental Coach (temporarily) interrupts the operation of the Dashboard, Dental Coach will ensure timely notification of this maintenance.

Dental Coach will provide appropriate security measures that respect physical, electronic and procedural safeguards. This includes best practice safeguards such as firewalls and data encryption.

User’s obligations

The User is solely responsible for the use of the Dashboard.

In order to prevent misunderstandings, the User hereby confirms that the User is not at liberty to use the Dashboard other than as intended in this User Agreement, anywhere in the world, whether or not in translated form. The User is not allowed to develop a similar Dashboard or have it developed. The use referred to here also includes the placement of advertisements and other forms of advertising.

In addition, the User is not allowed to further develop the Dashboard for its own use, or to use it in any other way for commercial purposes.

The User does not have permission to make changes to the Dashboard. This does not include uploading content that is necessary to personalize and optimize the use of the Dashboard in combination with the App for treatment.

The User is responsible for providing the necessary system requirements and internet connection to use the Dashboard.

The User is obligated to use the Dashboard in accordance with applicable laws and regulations.

In doing so, the User undertakes to take sufficient security measures in order to prevent infringement or deterioration of the Patient’s data. These measures must at least comply with the applicable legal requirements. In the event of an infringement or deterioration as referred to herein, the User shall, in addition to the competent authorities, report this to Dental Coach within 24 hours after it has been established.

Personal data

After installation of the App, the Patient must enter his personal data for optimal operation of the App. The Privacy Statement of Dental Coach applies to the processing of that personal data and to the App as a whole. This applies to the use of this data in the Dashboard in so far as personal data is processed there.

If Dental Coach detects misuse of personal data (by third parties), Dental Coach will immediately inform the Patient.

Entered data remains the property of the Patient.

The User indemnifies Dental Coach against all violations of the Patient’s privacy.

The User is not allowed to store the data obtained from the App in any other way than in the Dashboard. After termination of the subscription, the User no longer has access to the Patient’s data in the Dashboard.

The Patient may at any time choose to revoke permission to access the data.

Intellectual property rights

All intellectual property rights relating to the App and the Dashboard (including in any case copyrights, trademark rights and database rights) are held exclusively by Dental Coach. The User does not acquire any rights. 

The User shall at all times respect Dental Coach’s rights and ensure that its use of the App in no way damages Dental Coach’s rights.

Dental Coach and the User indemnify each other and hold each other harmless for all claims and demands, under whatever title, from third parties that are based on the results of the work and input of data by parties that infringe the rights of third parties.

Liability

With regard to the operation and quality of the App and the Dashboard, the ‘Best Effort’-principle applies. Dental Coach does not guarantee that there are no errors in the App and the Dashboard.

Dental Coach does not guarantee the content, reliability and availability of the App and the Dashboard, nor for security incidents involving the transmission or use of (personal) data via the App and the Dashboard.

Except for liability based on mandatory law, Dental Coach is not liable for direct, indirect or consequential damage resulting from use of the Dashboard.

Dental Coach shall under no circumstances be liable for any damage suffered by the User or costs incurred by the User as a result of:

failure to gain access to the App or to use the App for any reason whatsoever, or in case of delay of the App;

the fact that access to the Dashboard is not gained or the Dashboard cannot be used for any reason whatsoever, or in the event that the Dashboard is delayed;

a device used in combination with the Dashboard being damaged or malfunctioning;

the Patient entering incorrect data in the App, or that, in the case of a Health Care Provider, incorrect advice has been given;

the Patient’s failure to comply with the terms and conditions of this User Agreement or violation of the rights of other persons;

the User incorrectly implements the advice/suggestions given in the App.

Termination of subscription Health Care Provider

The Health Care Provider enters into a subscription for the duration of six months. This subscription is automatically renewed for a period of six months.

Dental Coach and the Health Care Provider are entitled to terminate the subscription without providing a reason. In the event that the Health Care Provider terminates the subscription, this will be done by e-mail to info@dentalcoach.app. If Dental Coach terminates the subscription, this is done by registered letter.

Upon termination of the subscription, the Health Care Provider is no longer entitled to gain access to the Dashboard.

Other provisions 

If one or more of the provisions of the User Agreement are null and void (under local      law) or should be nullified, the remaining provisions of the User Agreement shall continue to apply in full. Dental Coach and the Health Care Provider will then enter into consultation to agree on new provisions to replace the null and void or nullified provisions, taking into account, if and for as much as possible, the purpose and purport of the original provision.

Applicable law and competent court

The User Agreement is exclusively governed by Dutch law. The legal relationship between Dental Coach and the Health Care Provider is exclusively governed by Dutch law.

Any disputes arising from the User Agreement shall exclusively be submitted to the competent court in Noord-Nederland, location Leeuwarden.