Terms and Conditions

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FFD TERMS OF USE

LAST MODIFIED: July 26, 2024

Welcome to Friction Free Dental!

Thanks for using the FFD clinical and collaboration solution for the dental industry, including any software and content contained or services provided therein (the “FFD Solution”). The FFD Solution is provided by Friction Fee Dental, Inc., its affiliates and subsidiaries (“FFD”, "our", "we" or "us" ), located at 25 Northern Avenue, Unit 1519, Boston, MA 02210, United States.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE FFD Solution.

BY ACCESSING OR USING THE FFD SOLUTION OR ANY CONTENT, PRODUCTS, DATA FEEDS AND SERVICES PROVIDED TO YOU ON, FROM, OR THROUGH THE FFD SOLUTION, YOU ARE AGREEING TO BE BOUND BY (I) THESE TERMS OF USE; AND (II) THE PRIVACY POLICY OF THE FFD SOLUTION LOCATED AT https://www.ffd.ai/privacy-policy. IF YOU DO NOT AGREE TO THESE TERMS OF USE AND THE PRIVACY POLICY, YOU MAY NOT ACCESS OR USE THE FFD SOLUTION.

Using our FFD Solution does not give you ownership of any intellectual property rights in our FFD Solution or the content you access. These Terms of Use (the “Terms”) do not grant you the right to use any branding or logos used with our FFD Solution. Don’t remove, obscure, or alter any legal notices displayed in or along with our FFD Solution. Your use of the FFD Solution is conditioned upon you agreeing not to (and not allowing any third party to): (i) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code of the FFD Solution; (ii) sell assign, sublicense, grant a security interest in, or otherwise transfer any right in or access to the FFD Solution or any content, software or services available therein or (iii) violate these Terms and the Privacy Policy.

Using our FFD Solution

You must follow any policies made available to you within the FFD Solution.

Registration

You may be required to provide information about yourself (such as identification or contact details) as part of the registration process or as part of your continued access to and use of the FFD Solution. You agree to use the FFD Solution only for those purposes that are permitted by (i) these Terms and the Privacy Policy, and (ii) by applicable law, regulation or generally accepted practices in the relevant jurisdictions. You agree to: (a) provide true, accurate, current and complete information about yourself when registering or as prompted by the FFD Solution (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, non-current or incomplete, or FFD has reasonable grounds to suspect that such information is untrue, inaccurate, non-current or incomplete, FFD has the right to suspend or terminate your account or access to the FFD Solution and refuse any and all current or future use of the FFD Solution (or any portion thereof). You also understand and agree that the FFD Solution may include certain communications from FFD (e.g., One-Time Passcode for identity verification, service announcements, administrative messages and other information and alerts), and that these communications are considered part of the FFD Solution and you will not, except as set forth below in this paragraph, be able to opt out of receiving them while choosing to utilize the FFD Solution. You may receive SMS One-Time Passcodes during the identity verification process. Message and data rates may apply and message frequency varies. Reply STOP to cancel. Reply HELP for help or call 888-544-3440. Carriers are not liable for delayed or undelivered messages.

Use

You further acknowledge and agree to the following:

You represent that you are of legal age to form a binding contract and are not a person barred from receiving the FFD Solution under the laws of the United States or other applicable jurisdiction. If you are under 18, you may only use the FFD Solution under the supervision of a parent or legal guardian who agrees to be bound by these Terms. Anyone under 14 is strictly prohibited from creating an account for the FFD Solution. In addition, anyone under 14 may only accept invitations from parents / legal guardians to join their account. The FFD Solution is not available to any users previously removed from the FFD Solution by us.
You agree not to interfere with or disrupt the operation of the FFD Solution.
You agree not to make the FFD Solution available over a network or other environment permitting access or use by multiple mobile devices at a time.
You agree not to give your login or account information to any third party or otherwise transfer or assign your account information to a third party.
You agree not to collect or harvest any personally identifiable information, including account names, from the FFD Solution.
You shall be authorized to use the FFD Solution only for personal, non-commercial use.

Your Account

As a registered user of the FFD Solution, you may establish an account (“Account”). Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify FFD of any security breach of your Account. FFD shall not be responsible for any losses arising out of the unauthorized use of your Account. To protect your Account, keep your password confidential. You are responsible for the activity that happens on or through your Account. Try not to reuse your Account password on third-party applications. You agree that FFD may store and use your Registration Data for use in maintaining your Account. You agree to use the FFD Solution only for lawfully acquired content. Any use for illegitimate content infringes the rights of others and may subject you to civil and criminal penalties, including possible monetary damages, for copyright infringement.

Lawful Use of the FFD Solution

When using the FFD Solution, you shall: not use the FFD Solution for any illegal, unauthorized, unintended, or unlawful purposes, or in any manner inconsistent with these Terms.

Collection, Storage, Use of Information and Features

Subject to these Terms, the Privacy Policy and any applicable laws and regulation, you hereby authorize and consent to the collection, storage, sharing, disclosure, and use by FFD and its affiliates, partners and agents, of any information and data related to or derived from your use of the FFD Solution, and any information or data that you provide to FFD and its affiliates, partners and licensors (“Information”). Without limiting the generality of the foregoing, the Information may include, without limitation, personal health information. By using the FFD Solution, you agree and consent to FFD’s and its subsidiaries’ and agents’ disclosure, transmission, collection, maintenance, processing, and use of Information. You have the right to revoke this consent by ceasing any use of the FFD Solution. However, such a revocation will not be retroactive. Except as otherwise set forth in these Terms or the Privacy Policy, or as otherwise required by law, the Information will be treated as being non-confidential and non-proprietary, and FFD assumes no obligation to protect confidential or proprietary information from disclosure and will be free to reproduce, use, and distribute the Information to others without restriction, including without limitation, sharing your Information with partners for the purpose of offering you services. If you submit feedback or suggestions about the FFD Solution, we may use your feedback or suggestions without obligation to you.

Privacy

Usage of the FFD Solution is subject to FFD’s Privacy Policy at https://www.ffd.ai/privacy-policy. You acknowledge receipt of FFD’s Privacy Policy. You agree to receive any updates to our Privacy Policy by accessing the FFD Solution. By using the FFD Solution, you agree that FFD may use and share your personal information in accordance with the terms of the Privacy Policy. If you are using the FFD Solution from outside of the United States, please be aware that your information, including any data constituting “personal data” under the laws of the European Union, for example, to which we may be given access, may be transferred to, stored, or processed in the United States. The data protection and other laws of the United States and other countries may not be as comprehensive as those in your country. By using the FFD Solution, you understand that your personal data information may be transferred to our facilities and to those third parties with whom we share such information as specified in the Privacy Policy.

Third Party Content and Services

General

You acknowledge that the FFD Solution may permit access to products, services, web-sites, advertisements, promotions, recommendations, advice, information, and materials created and provided by advertisers, publishers, content partners, marketing agents, vendors and other third parties (“Third Party Content and Services”).

Disclaimer

You acknowledge that FFD does not investigate, monitor, represent or endorse the Third Party Content and Services (including any third party websites or data available through the FFD Solution). Furthermore, your access to and use of the Third Party Content and Services is at your sole discretion and risk, and FFD and its affiliates, partners, suppliers and licensors shall have no liability to you arising out of or in connection with your access to and use of the Third Party Content and Services.

Endorsements

You acknowledge and agree that the provision of access to and the listing of any Third Party Content and Service available through the FFD Solution or the sharing of any Information with third parties shall not constitute or imply any endorsement by FFD or its affiliates of such Third Party Content and Services. FFD reserves the right to restrict or deny access to any Third Party Content and Services otherwise accessible through the FFD Solution, although FFD has no obligation to restrict or deny access even if requested by you.

Intellectual Property

You agree that the FFD Solution, including but not limited to graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the FFD Solution, contains proprietary information and material that is owned by FFD and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the FFD Solution in compliance with these Terms. No portion of the FFD Solution may be reproduced in any form or by any means, except as expressly permitted in these Terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the FFD Solution in any manner, and you shall not exploit the FFD Solution in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity. Notwithstanding any other provision of these Terms, FFD and its licensors reserve the right to change, suspend, remove, or disable access to any content, or other materials comprising a part of the FFD Solution at any time without notice. In no event will FFD be liable for making these changes. FFD may also impose limits on the use of or access to certain features or portions of the FFD Solution, in any case and without notice or liability.

THE USE OF THE FFD SOLUTION OR ANY PART OF THE FFD SOLUTION, EXCEPT FOR USE OF THE FFD SOLUTION AS PERMITTED IN THESE TERMS, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

FFD, the FFD logo and other FFD trademarks, service marks, graphics, and logos used in connection with the FFD Solution are trademarks or registered trademarks of Friction Free Dental, Inc. in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the FFD Solution may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.

Termination

Termination by You

You may terminate these Terms at any time for any reason. In order to terminate, you must notify FFD at support@ffd.ai or you may remove or uninstall the FFD Solution from your device.

Termination by FFD

FFD may block or suspend your access to the FFD Solution or terminate these Terms and the rights afforded to you hereunder with or without prior notice, at any time, if you fail to comply with the terms and conditions of these Terms or for any reason whatsoever. FFD reserves the right to modify, suspend, or discontinue the FFD Solution (or any part or content thereof) at any time with or without notice to you, and FFD will not be liable to you or to any third party should it exercise such rights. Upon termination of these Terms, you shall cease all use of the FFD Solution and uninstall any residual components of the FFD Solution.

Disclaimer of Warranties.

General

YOU ACKNOWLEDGE AND AGREE THAT THE FFD SOLUTION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE FFD SOLUTION AND ANY THIRD PARTY CONTENT AND SERVICES ACCESSED THEREBY ARE AT YOUR SOLE RISK AND DISCRETION. FFD AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE FFD SOLUTION AND THIRD PARTY CONTENT AND SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE FFD SOLUTION MAY CONTAIN ERRORS OR INACCURACIES THAT COULD CAUSE FAILURES, CORRUPTION OR LOSS OF DATA AND/OR INFORMATION FROM YOUR COMPUTER OR DEVICE AND FROM PERIPHERALS (INCLUDING, WITHOUT LIMITATION, SERVERS AND OTHER COMPUTERS) CONNECTED THERETO. YOU SHOULD BACK UP ALL DATA AND INFORMATION ON YOUR COMPUTER OR DEVICE AND ANY PERIPHERALS PRIOR TO USING THE FFD SOLUTION. TO THE EXTENT PERMITTED BY LAW, FFD SHALL HAVE NO LIABILITY WITH RESPECT TO YOUR USE OF THE FFD SOLUTION.

Other Fees and Costs

The FFD Solution requires an internet or data connection and any charges or fees associated with any such connection are solely your responsibility, as set forth in the agreement between you and your internet or data connection service provider.

Limitation of Liability.

UNDER NO CIRCUMSTANCES SHALL FFD OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, PARTNERS, SUPPLIERS, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS AND/OR USE OF OR INABILITY TO ACCESS AND/OR USE THE FFD SOLUTION AND ANY THIRD PARTY CONTENT AND SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE FFD SOLUTION, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT FFD WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, FFD’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnification and Waiver.

YOU SHALL, TO THE EXTENT PERMITTED BY LAW, INDEMNIFY, DEFEND AND HOLD HARMLESS FFD AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, PARTNERS, SUPPLIERS, AGENTS, CONTRACTORS AND LICENSORS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES (THE “INDEMNIFIED PARTIES”) FROM AND AGAINST ANY CLAIM, PROCEEDING, LOSS, DAMAGE, FINE, PENALTY, INTEREST AND EXPENSE (INCLUDING, WITHOUT LIMITATION, FEES FOR ATTORNEYS AND OTHER PROFESSIONAL ADVISORS) ARISING OUT OF OR IN CONNECTION WITH THE FOLLOWING: (I) YOUR ACCESS TO OR USE OF THE FFD SOLUTION OR SERVICES OFFERED THEREWITH OR THIRD PARTY CONTENT AND SERVICES; (II) YOUR BREACH OF THESE TERMS; (III) YOUR VIOLATION OF LAW; (IV) YOUR NEGLIGENCE OR WILLFUL MISCONDUCT; OR (V) YOUR VIOLATION OF THE RIGHTS OF A THIRD PARTY, INCLUDING THE INFRINGEMENT BY YOU OF ANY INTELLECTUAL PROPERTY OR MISAPPROPRIATION OF ANY PROPRIETARY RIGHT OR TRADE SECRET OF ANY PERSON OR ENTITY. THESE OBLIGATIONS WILL SURVIVE ANY TERMINATION OF THESE TERMS.

Miscellaneous.

Governing Law

These Terms shall be deemed to take place in the Commonwealth of Massachusetts and shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, excluding its conflicts of law principles. Any disputes arising from these Terms shall be adjudicated in the courts of the city of Boston, MA. These Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

Contact Information and Notification

Please direct any questions, complaints or claims related to these Terms or your use of the FFD Solution to support@ffd.ai. FFD may notify you with respect to the FFD Solution by sending an email message to your Account email address or a letter via postal mail to your Account mailing address, or by a posting on the FFD Solution. Notices shall become effective immediately.

Severability

If any provision of these Terms is held to be invalid or unenforceable with respect to a party, the remainder of these Terms, or the application of such provision to persons other than those to whom it is held invalid or unenforceable shall not be affected and each remaining provision of these Terms shall be valid and enforceable to the fullest extent permitted by law.

Waiver

Except as provided herein, the failure to exercise a right or require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach. FFD will not be responsible for failures to fulfill any obligations due to causes beyond its control.

Export Control

You may not use or otherwise export or re-export the FFD Solution except as authorized by United States law and the laws of the jurisdiction(s) in which the FFD Solution was obtained.

Modification or Amendment

FFD may modify or amend these Terms at any time by posting the change. You will be deemed to have agreed to any such modification or amendment by your decision to continue using the FFD Solution following the date in which the modified or amended Terms are posted.

Survival

The provisions of these Terms which by their express language or by their context are intended to survive the termination of these Terms shall survive such termination.

Third-Party Beneficiaries

Nothing contained in these Terms is intended or shall be construed to confer upon any person (other than the parties hereto) any rights, benefits or remedies of any kind or character, or to create any obligations or liabilities of a party to any such person.

Entire Agreement

These Terms, including the documents incorporated herein by reference, constitute the entire agreement with respect to the use of the FFD Solution licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software.

Reservation of Rights

FFD reserves the right to take steps FFD believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms. You agree that FFD has the right, without liability to you, to disclose any registration data and/or Account information to law enforcement authorities, government officials, and/or a third party, as FFD believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms (including but not limited to FFD’s right to cooperate with any legal process relating to your use of the FFD Solution and/or a third-party claim that your use of the FFD Solution is unlawful and/or infringes such third party’s rights).

Disclaimer

Endorsements

Intellectual Property

Termination

Termination by You

You may terminate these Terms at any time for any reason. In order to terminate, you must notify FFD at support@ffd.ai or you may remove or uninstall the FFD Solution from your device.

Termination by FFD

Disclaimer of Warranties.

General

Other Fees and Costs

Limitation of Liability.

Indemnification and Waiver.

Miscellaneous.

Governing Law

Contact Information and Notification

Severability

Waiver

Export Control

You may not use or otherwise export or re-export the FFD Solution except as authorized by United States law and the laws of the jurisdiction(s) in which the FFD Solution was obtained.

Modification or Amendment

Survival

The provisions of these Terms which by their express language or by their context are intended to survive the termination of these Terms shall survive such termination.