APPLICATION REGULATIONS

CADitNOW

Thank you for your interest in our application (hereinafter referred to as the „Application”, „CADitNOW Application”), available in a browser version on computers and mobile devices at the following internet address: https://app.caditnow.com/.

The CADit application is used to place and track orders for subcontracted digital prosthetic restorations made using CAD/CAM technology using, among others, Exocad software, exclusively by cooperating dental clinics.

Please read this document carefully. These Terms and Conditions define the terms of use of the CADitNOW Application by its Users, including the license terms and privacy policy for personal data collected and processed within the Application. The CADitNOW Application is protected by copyright, intellectual property law, and other applicable mandatory provisions of law. Use of the CADitNOW Application is subject to the license terms specified below.

The purpose of this document is to establish the general terms and conditions for using the Application. These terms and conditions, if the Service User decides to use the CADitNOW Application, specifically govern the terms and conditions for using the Application, including our liability.

We invite you to read the regulations,

CADitNOW Team

1. GENERAL PROVISIONS

1. The owner of the CADitNOW Application is: (1) Natalia Hoffa, conducting business activity under the name CAD it NOW Natalia Hoffa, entered into the Central Register and Information on Business Activity of the Republic of Poland, maintained by the minister responsible for the economy, with: address of the place of business and address for service: ul. Akacjowa 4, 62-100 Wągrowiec, NIP 7662010691, REGON 527357607, e-mail address: hj.caditnow@gmail.com, contact telephone number: +48 739051755 (2) Patrycja Jeziorska, conducting business activity under the name CAD it NOW Patrycja Jeziorska, entered into the Central Register and Information on Business Activity of the Republic of Poland, maintained by the minister responsible for the economy, with: address of the place of business and address for service: ul. Zbożowa 59c/4, 81-020 Gdynia, NIP 9581744409, REGON 528775531, e-mail address: hj.caditnow@gmail.com, contact telephone number: +48 722042798 (hereinafter jointly referred to as the „Service Provider”).
2. This Application and the Regulations and all provisions contained therein are addressed to and therefore bind only the User who is not a consumer or an entrepreneur with consumer rights, i.e. who is not a natural person concluding a contract directly related to his/her business activity, when the content of this contract indicates that it is not of a professional nature for this person, resulting in particular from the subject of the business activity performed by him/her, made available on the basis of the provisions on the Central Register and Information on Business Activity.
3. The Service Provider operates the CADitNOW Application and is solely responsible for the proper operation of the Electronic Services and other functionalities of the Application in accordance with the information presented in these Terms and Conditions. In addition to the Service Provider, there are also Users – independent third parties in relation to the Service Provider. Users may use the Application to access the Electronic Services and other functionalities of the Application under the terms and conditions specified in these Terms and Conditions.
4. The terms used in these Regulations and beginning with a capital letter have the following meanings:
   • DIGITAL SERVICES ACT – Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the single market for digital services and amending Directive 2000/31/EC.
   • CADIT APPLICATION, APPLICATION – software in the form of a web application with elements that are not a computer program within the meaning of the Copyright Law, but constitute an integral part thereof, enabling the User to place Orders for subcontracting digital prosthetic restorations in CAD/CAM technology using, among others, Exocad software, manage the Account and track the status of Orders, available via web browsers.
   • CIVIL CODE – Act of 23 April 1964 – Civil Code.
   • USER ACCOUNT, ACCOUNT – Electronic Service consisting in creating an individual User profile in the Application’s IT system, including the main account of the organization (dental clinic) and employee sub-accounts, enabling the use of the Application’s functionalities, including placing and processing Orders.
   • ILLEGAL CONTENT – information that, in itself or by reference to the operation, including the provision of Services, does not comply with European Union law or with the law of any Member State that complies with European Union law, regardless of the specific subject matter or nature of that law.
   • REGULATIONS – these regulations specifying the rules for using the CADit Application.
   • SERVICE – a subcontracted service for the design and production of digital prosthetic restorations using CAD/CAM technology, including Exocad software, provided by the Service Provider to the User based on an Order placed via the Application. The Service includes designing the restoration based on the provided materials (including intraoral scans, X-ray/CBCT imaging, photos, treatment plans, and patient data), providing production files, and potentially manufacturing and delivering the prosthetic components.
   • ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the User via the Application, in particular maintaining the User Account, enabling the placement and tracking of Orders and communication related to the execution of Orders.
   • SERVICE PROVIDER – jointly: (1) Natalia Hoffa, conducting business activity under the business name CAD it NOW Natalia Hoffa, entered into the Central Register and Information on Business Activity of the Republic of Poland, maintained by the minister responsible for the economy, with: address of the place of business and address for service: ul. Akacjowa 4, 62-100 Wągrowiec, NIP 7662010691, REGON 527357607, e-mail address: hj.caditnow@gmail.com, contact telephone number: +48 739051755 (2) Patrycja Jeziorska, conducting business activity under the business name CAD it NOW Patrycja Jeziorska, entered into the Central Register and Information on Business Activity of the Republic of Poland, maintained by the minister responsible for the economy, with: address of the place of business and address for service: ul. Zbożowa 59c/4, 81-020 Gdynia, NIP 9581744409, REGON 528775531, e-mail address: hj.caditnow@gmail.com, contact telephone number: +48 722042798.
   • USER – an entrepreneur conducting business activity in the field of dentistry (in particular a clinic or dental office) who has concluded a cooperation agreement with the Service Provider and uses or intends to use the Application.
   • ORDER – a declaration of will of the User submitted via the Application, aimed directly at concluding a contract for the provision of the Service, including in particular a description of the planned prosthetic reconstruction, attaching the required materials (scans, imaging, photos, patient data) and acceptance of the terms of implementation.

2. PURPOSE OF THE CADITNOW APPLICATION, LEGAL DISCLAIMERS

k.i.1. The CADitNOW application is used to place and track orders for subcontracted digital prosthetic restorations using CAD/CAM technology, including Exocad software, exclusively by cooperating dental clinics. To achieve these goals, the application is equipped with a range of functionalities.

k.i.2. The CADitNOW Application Service Provider only provides a technical tool, but is not obligated to verify the purposes for which Users actually use the Application. The Service Provider makes reasonable efforts to ensure that the use of the Application is understandable and transparent to Users, but cannot guarantee that every User will be able to independently operate the Application or that it will prove useful in achieving the User’s expected goals. To the fullest extent permitted by applicable law, it is understood that the Service Provider provides the Application, including all its functionalities and resources, in the form in which it was provided („as is”) and does not make any implied or expressed assurances as to its quality or suitability for specific purposes.

3. GENERAL TERMS OF USE OF THE APPLICATION

1. The User is obligated to use the CADitNOW Application in accordance with its subject matter, intended use, and these Terms and Conditions, in a manner consistent with the law and good practice, while respecting the personal rights, copyrights, and intellectual property rights of the Service Provider, other Users, and third parties. The User is obligated to provide accurate data. The User is also prohibited from taking any action that has the purpose or effect of disrupting the proper functioning of the Application.
2. The Service Provider complies with Art. 14, Section 1 of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws of 2002, No. 144, item 1204, as amended), according to which it is not liable for the User’s data stored in the Application if it is not aware of the unlawful nature of such data or activities related to them, and in the event of receiving an official notification or obtaining reliable information about the unlawful nature of the data or activities related to them, it will immediately prevent access to them.
3. Using the CADitNOW Application involves standard threats found on the Internet. The primary threat to every Internet user, including those using Electronic Services, is the possibility of their IT system being „infected” by various types of software designed primarily to cause damage or gain unauthorized access to User data. Therefore, to avoid these threats, the Service Provider recommends that Users keep their operating system, antivirus software, and other security measures on their end device up to date.
4. The Service Provider is the controller of personal data processed in the CADitNOW Application in connection with the implementation of the provisions of these Terms and Conditions. Personal data is processed for the purposes, for the period, and based on the grounds and principles indicated in the privacy policy posted in the Application. The privacy policy primarily contains the principles regarding the processing of personal data by the Service Provider in the Application, including the grounds, purposes, and period of personal data processing, as well as the rights of data subjects. Using the Application, including making purchases, is voluntary. Similarly, providing personal data by the User using the Application is voluntary, subject to the exceptions indicated in the privacy policy (e.g., contractual or statutory obligations of the Service Provider).

4. DETAILED TERMS OF USE OF THE APPLICATION AND WEBSITE

1. The Service Provider runs:
   • Website used to present information about the Service Provider’s activities, the Services offered and to enable the submission of an application for account registration and establishing cooperation,
   • Aplikację CADitNOW dostępną w wersji przeglądarkowej stanowiącą panel użytkownika przeznaczony do składania i zarządzania Zamówieniami, dodawania informacji i plików, śledzenia statusu realizacji oraz udzielania dostępów pracownikom.
2. The Service Provider provides Users with Services and Electronic Services, in particular:
   • enabling the submission of Orders for subcontracting digital prosthetic restorations,
   • tracking the status of Orders,
   • sharing ready-made production files,
   • communication related to the execution of Orders,
   • managing employee access within the organization’s account.
3. The service of subcontracting the design and production of digital prosthetic restorations is performed directly by the Service Provider, who remains a party to the agreement for the provision of the Service towards the User.
4. Using the Application requires a User Account. The access process includes:
   • submitting an application for account registration via the form available on the Website or directly in the Application (filling out the organization’s data, including the name of the clinic/laboratory, full organization details, Tax Identification Number, address, contact details of the person creating the account),
   • verification and approval of the account by the Service Provider after confirming that the User is an entrepreneur conducting dental activities and cooperation has been established with him.
5. The minimum technical requirements necessary to use the Website and Application include:
   • computer with Internet access,
   • a currently supported version of a web browser with Cookies and JavaScript enabled.
6. Data transmission costs incurred in order to use the Application (internet access costs) are borne by the User in accordance with his/her contract with the telecommunications operator.
7. The User may at any time and without giving any reason cease using the Application and the Website by ceasing to log in to the Account, provided that this does not affect any Orders already placed and being processed or any concluded agreements for the provision of Services.

5. CONDITIONS FOR CONCLUDING A SERVICE AGREEMENT

1. The conclusion of the agreement for the provision of the Service of subcontracting digital prosthetic restorations between the User and the Service Provider takes place after the User has placed an Order via the Application, in accordance with the procedure described in these Regulations.
2. The fee for the Service, payment terms (including the payment date and method), and all other financial terms are agreed individually between the Service Provider and the User as part of the cooperation arrangements or a specific Order. The Service Provider does not use a public price list – all terms are agreed individually.
3. If the individually agreed payment deadline falls before or during the performance of the Service, the Service Provider is entitled to:
   • suspend further performance of the Service (including the design of the digital model) until payment is received – if the performance of the Service has already begun,
   • refusing to commence the performance of the Service (including the design of a digital model) until payment is received – if the performance of the Service has not yet commenced.
4. The User remains obliged to pay the agreed remuneration in each case, and the Service Provider will resume or resume the performance of the Service on its part after receiving the due payment.
5. The procedure for concluding a contract for the provision of the Service includes the following stages:
   • logging into the Account in the Application by the User,
   • completing the Order form, including providing the information necessary to perform the service regarding the patient, description of the planned prosthetic reconstruction, information about implants (yes/no, implant system, scan body number), additional descriptions, plans for future reconstructions and attaching the required materials (intraoral scans, photos, X-rays/CBCT, treatment plans, etc.),
   • clicking the „Place an order” button (or equivalent Order confirmation).
6. After placing the Order, the Service Provider immediately confirms its receipt and acceptance for execution, in particular through a message in the Application or an e-mail sent to the address indicated in the User Account.
7. Upon confirmation of acceptance of the Order for execution, a contract for the provision of the Service is concluded between the User and the Service Provider.
8. The content of the concluded agreement is recorded in the Service Provider’s IT system and made available to the User in electronic form in the Application.

6. APPLICATION FUNCTIONALITIES

1. The following Electronic Services are available in the CADitNOW Application: User Account (including the main organization account and employee sub-accounts), Order Form and Messenger (Chat).
2. Detailed description of the Electronic Services:
   • a. User Account:
     a.i. Account use is possible after submitting a registration application (on the Website or in the Application) and account approval by the Service Provider. The Account allows you to manage your organization’s data, add sub-accounts for employees, and access your Order history.
     a.ii. The Account Electronic Service is provided free of charge for an indefinite period. The User may, at any time and without giving any reason, delete their Account by sending an appropriate request to the Service Provider, in particular via email or in writing to the Service Provider’s registered office address.
   • b. Order Form:
     b.i. Use of the Order Form begins when you click the „Add a new Order” option in the Application. The Order is placed after completing the required fields (including the patient’s name, implant information, description, and attachments) and clicking the „Place an order” button. Until then, the User can modify the entered data independently.
     b.ii. The Electronic Order Form Service is provided free of charge and is of a one-off nature and ends when the Order is placed or when the User stops placing it earlier.
   • c. Messenger (Chat):
     c.i. In the Application, as part of each individual Order, a Messenger (Chat) is available, enabling direct text communication between the User and the Service Provider in order to discuss the details of the Order execution, clarify doubts or provide additional information.
     c.ii. The Electronic Messenger (Chat) Service is provided free of charge and is available throughout the Order execution period. Chat history is assigned solely to a given Order and is used solely for purposes related to its execution.
3. The technical requirements necessary to use the Application and the Website include: (1) a computer with Internet access; (2) a current version of a web browser; (3) enabling Cookies and JavaScript.
4. The User is obligated to use the Application and Website in a manner consistent with the law and good practice, while respecting the personal rights, copyrights, and intellectual property rights of the Service Provider and third parties. The User is obligated to provide accurate data and is prohibited from providing unlawful content, including Illegal Content.
5. 5. The complaint procedure regarding Electronic Services is indicated later in the Regulations.

7. CONTACT WITH THE SERVICE PROVIDER

The primary form of ongoing remote communication with the Service Provider is a chat, available for each Order after logging in to the Application, and email (email address: hj.caditnow@gmail.com), through which you can exchange information with the Service Provider regarding the use of the CADitNOW Application. Users may also contact the Service Provider in other legally permitted ways, using the contact details provided at the beginning of these Terms and Conditions.

8. COMPLAINT HANDLING PROCEDURE

a.i..a.i.1. This point 8 of the Regulations specifies the complaint handling procedure common to all complaints submitted to the Service Provider, in particular complaints regarding the performance of services ordered via the Application, Electronic Services (Application functionalities) and other complaints related to the operation of the Service Provider or the CADitNOW Application.

a.i..a.i.2. Below is additional information regarding the Service Provider’s liability provided for by law: The basis and scope of the Service Provider’s liability towards the User for the operation of the Application and its Electronic Services are specified by generally applicable provisions of Polish law, in particular the Civil Code, taking into account the contractual limitations of the Service Provider’s liability resulting from these Regulations.

a.i..a.i.3. Complaints related to the operation of the Application, including its Electronic Services, may be submitted, for example, by electronic mail (e-mail) to the following address: hj.caditnow@gmail.com.

a.i..a.i.4. The Service Provider recommends providing in the complaint description: (1) information and circumstances relating to the subject of the complaint, in particular the type and date of occurrence of the irregularity; (2) the expectations of the person submitting the complaint; and (3) contact details of the person submitting the complaint – this will facilitate and speed up the consideration of the complaint by the Service Provider.

a.i..a.i.5. If the contact details provided by the complainant change during the complaint processing, he or she is obliged to notify the Service Provider thereof.

a.i..a.i.6. Do reklamacji mogą zostać załączone przez składającego reklamację dowody (np. zdjęcia, dokumenty lub zrzuty ekranu) związane z przedmiotem reklamacji. Usługodawca może także zwrócić się do składającego reklamację z prośbą o podanie dodatkowych informacji lub przesłanie dowodów (np. zdjęcia), jeżeli ułatwi to i przyspieszy rozpatrzenie reklamacji przez Usługodawcę.

9. TECHNICAL INTERRUPTIONS AND FAILURES

1. The Service Provider makes every effort to ensure the proper and uninterrupted operation of the CADitNOW Application and its Electronic Services. Due to the complexity and intricacy of the Application and its Electronic Services, as well as external factors beyond the Service Provider’s control (e.g., distributed denial of service (DDOS) attacks), it is possible that errors and technical failures may occur that prevent or limit the operation of the Application and the use of its Electronic Services in any way. In such cases, the Service Provider will take all possible measures to ensure that the negative effects of such events are mitigated as much as possible.
2. The Service Provider shall immediately inform Users of any errors and technical failures referred to above and the expected date of their removal.
3. In addition to interruptions caused by errors and technical failures, other technical interruptions may also occur during which the Service Provider takes actions aimed at developing the Application and its Electronic Services and protecting them against errors and technical failures.
4. The Service Provider plans maintenance breaks to minimize disruption to Users, in particular by scheduling them during times of lower Application traffic (e.g., nighttime) and only for the time necessary for the Service Provider to perform necessary actions. The Service Provider will inform Users of planned maintenance breaks in advance, also providing the expected duration of the planned break.
5. The Service Provider shall not be liable to the User for any damages or failure to fulfill obligations resulting from any errors, technical failures, or technical interruptions referred to in this section 9 of the Regulations.

10. APPLICATION USE LICENSE

1. Copyright and intellectual property rights to the CADitNOW Application as a whole and its individual components, including the content, graphics, works, designs, and trademarks available therein, belong to the Service Provider or other authorized third parties and are protected by Copyright Law and other generally applicable laws. The protection granted to the Application covers all forms of its expression.
2. The Application should be treated like any other copyrighted work. The User is not permitted to copy the Application, except as permitted by mandatory provisions of law. The User also agrees not to modify, adapt, translate, decode, decompile, disassemble, or otherwise attempt to determine the source code of the Application, except as permitted by mandatory provisions of law.
3. The User who uses the Application does not acquire any copyrights to the Application. The User is granted only – under the terms specified in the Terms and Conditions – a non-transferable, worldwide, and non-exclusive license entitling them to use the Application in a manner consistent with its intended use and subject matter, with these Terms and Conditions, and in accordance with the law and good practice, while respecting the personal rights, personal data, copyrights, and intellectual property of the Service Provider, other Users, and third parties.
4. Under the granted license, the User is entitled to use the Application by downloading, installing, permanently or temporarily reproducing it in the memory of the User’s mobile device, as well as reproducing, using, and displaying the Application to the extent necessary to use all the functionalities and resources of the Application in accordance with its intended purpose and subject matter, and solely for the User’s own personal use, within the scope specified in these Terms and Conditions and the provisions of Copyright Law, excluding use for commercial purposes.
5. All rights other than the above not expressly granted to the User are reserved by the Service Provider, in particular the User is not entitled to (1) distribute the Application, including renting or lending the Application or a copy thereof in any form; (2) sublicense the Application (including granting other persons access to use the Application); (3) introduce the Application into the market, including lending or leasing; and (4) interfere with the source code and structure of the Application (including making derivative works of the Application and distributing, sublicensing or introducing into the market such derivative works in any form).
6. Individual elements of the Application may be subject to separate terms and conditions and licenses of use – in such a case, the User is also obligated to comply with them. The Service Provider also reserves the right to individually establish license terms with the User through a separate agreement regarding the use of the Application and its Electronic Services.
7. The Service Provider reserves the right to terminate this license in the event of a breach of its terms by the User, including in relation to the specific devices from which the breach was committed.
8. Trademarks of the Service Provider and third parties should be used in accordance with applicable law.

11. ILLEGAL CONTENT AND OTHER CONTENT NOT IN COMPLIANCE WITH THE RULES

a.i.1. This section of the Terms and Conditions contains provisions arising from the Digital Services Act as they apply to the Application and the Service Provider. The Application requires the provision of certain data to use the Application’s functionalities (e.g., data necessary to use specific Application functionalities). In each case, the Service User provides content, they are obligated to comply with the rules contained in the Terms and Conditions.

a.i.2. CONTACT POINT – The Service Provider designates the email address hj.caditnow@gmail.com as a single point of contact. The contact point enables direct communication between the Service Provider and Member State authorities, the European Commission, and the Digital Services Council, while also enabling Service Users to communicate directly, quickly, and user-friendly with the Service Provider electronically, for the purposes of applying the Digital Services Act. The Service Provider designates Polish and English as the languages ​​for communication with its contact point.

a.i.3. Procedure for reporting Illegal Content and action under Article 16 of the Digital Services Act:

a.i.a. Any person or entity may report to the Service Provider the presence of certain information that such person or entity considers to be Illegal Content by email at hj.caditnow@gmail.com.

a.i.b. The Report must be sufficiently precise and well-founded. For this purpose, the Service Provider allows and facilitates reports to the email address provided above, containing all of the following: (1) a sufficiently substantiated explanation of the reasons why the person or entity alleges that the information being reported constitutes Illegal Content; (2) a clear indication of the exact electronic location of the information, such as the exact URL(s), and, where applicable, additional information enabling the identification of the Illegal Content, as appropriate to the type of content and the specific Service; (3) the name and email address of the reporting person or entity, except in the case of a report concerning information believed to be related to one of the offences referred to in Articles 3 to 7 of Directive 2011/93/EU; and (4) a statement confirming the good faith belief of the reporting person or entity that the information and allegations contained therein are accurate and complete.

a.i.c. The report referred to above shall be deemed to constitute actual knowledge or information for the purposes of Article 6 of the Digital Services Act in relation to the information to which it relates if it enables the Service Provider acting with due diligence to determine – without detailed legal analysis – the illegal nature of the activity or information in question.

a.i.d. If a report contains electronic contact details of the person or entity submitting the report, the Service Provider will, without undue delay, send such person or entity acknowledgment of receipt of the report. The Service Provider will also, without undue delay, notify such person or entity of its decision regarding the information to which the report relates, including information on the possibility of appealing the decision.

a.i.e., the Service Provider will review all reports it receives through the mechanism referred to above and will make decisions regarding the information reported in a timely, non-arbitrary, objective, and diligent manner. If the Service Provider uses automated means for such review or decision-making, it will include this information in the notification referred to in the previous paragraph.

a.i.4. Information on the restrictions that the Service Provider imposes in connection with the use of the Application, in relation to the information provided by the Service User:

a. In the event of providing any content within the CADitNOW Application, the Service User is subject to the restrictions specified in the provisions of these Regulations.

b. The Service Provider reserves the right to moderate content provided by Service Users in the Application. Moderation is carried out in good faith and with due diligence, and on the Service Provider’s own initiative or upon receipt of a report, in order to detect, identify, and remove Illegal Content or other content that violates the Terms of Service, or to prevent access to it, or to take necessary measures to comply with European Union law and national law consistent with European Union law, including the requirements set out in the Digital Services Act, or the requirements contained in the Terms of Service.

c. The moderation process may be performed manually by a human or may rely on automated or partially automated tools to help the Service Provider identify Illegal Content or other content that violates the Terms of Service. After identifying such content, the Service Provider will decide whether to remove or disable access to the content, otherwise limit its visibility, or take other actions it deems necessary (e.g., contact the Service User to clarify any objections and amend the content). The Service Provider will clearly and easily understandably inform the Service User who provided the content (if they have their contact details) of its decision, the reasons for it, and the available options for appealing the decision.

d. When exercising its rights and obligations under the Digital Services Act, the Service Provider is obliged to act with due diligence, in an objective and proportionate manner and with due regard to the rights and legitimate interests of all parties involved, including the recipients of the Service, in particular taking into account the rights enshrined in the Charter of Fundamental Rights of the European Union, such as freedom of expression, media freedom and pluralism and other fundamental rights and freedoms.

a.i.5. Any comments, complaints, appeals, or objections regarding decisions or other actions, or lack of action, taken by the Service Provider based on a notification received or a decision made by the Service Provider in accordance with the provisions of these Terms and Conditions may be submitted in a manner analogous to the complaints procedure specified in Section 12 of the Terms and Conditions. Using this procedure is free of charge and allows for the submission of complaints electronically to the email address provided. Using the complaints procedure is without prejudice to the right of the person or entity concerned to initiate court proceedings and does not violate their other rights.

a.i.6. The Service Provider shall consider all comments, complaints, appeals, or objections regarding decisions or other actions, or lack of action, taken by the Service Provider based on a report received or a decision made, in a timely, non-discriminatory, objective, and non-arbitrary manner. If a complaint or other report contains sufficient reasons for the Service Provider to consider that its decision not to take action in response to the report is unjustified, or that the information to which the complaint relates is not illegal and inconsistent with the Terms of Service, or contains information indicating that the complainant’s action does not justify the measure taken, the Service Provider shall, without undue delay, rescind or amend its decision regarding the possible removal or disabling of access to the content or otherwise limiting its visibility, or shall take other actions it deems necessary.

a.i.7. Service Users or other persons or entities who have reported Illegal Content and to whom the Service Provider’s decisions regarding Illegal Content or content inconsistent with the Terms of Service are addressed have the right to choose any out-of-court dispute resolution body certified by the Digital Services Coordinator of a Member State to resolve disputes regarding these decisions, including in relation to complaints that have not been resolved through the Service Provider’s internal complaint handling system.

12. PERSONAL DATA

1. The Service Provider is the controller of personal data processed in the Application in connection with the implementation of the provisions of these Terms and Conditions. The personal data of Service Users are processed for the purposes, for the period, and based on the grounds and principles indicated in the privacy policy published in the Application. The privacy policy primarily contains the principles regarding the processing of personal data by the Administrator in the Application, including the grounds, purposes, and period of personal data processing and the rights of data subjects, as well as information regarding the use of cookies and analytical tools in the Application. Use of the Website is voluntary. Similarly, providing personal data by the Website user is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of the Agreement and statutory obligations of the Service Provider).
2. Using the Application may require the Service User to entrust the Service Provider with personal data belonging to third parties (e.g., employees, clients/patients, or other individuals whose data is stored at the Service User’s request within the Application). Issues relating to entrusting the processing of personal data are regulated by the data processing agreement constituting Annex 1 to these Terms and Conditions.
3. Any User who stores any data relating to third parties in the Application, including their employees, contractors, clients, or other third parties, is obligated to ensure that it has been collected in accordance with generally applicable laws and that all necessary disclosure obligations have been met with respect to these individuals, or that all necessary consents and authorizations have been obtained to enable the storage of their data in the Application. The User is liable to the Service Provider for any possible damage caused to the Service Provider and the Website as a result of claims arising from the storage of personal data of individuals that the User has obtained, processed, or posted in the Application in an unauthorized manner.

13. FINAL PROVISIONS

Agreements concluded under these Terms and Conditions are concluded in accordance with Polish law. The languages ​​of communication between the Service Provider and the Service User are Polish and English.

Changes to the Regulations:

a.i.1.a. The Service Provider reserves the right to amend these Regulations for important reasons, i.e.: changes in legal provisions; being subject to a legal or regulatory obligation; changing the scope or form of the Electronic Services provided; adding new Electronic Services; developing the functionality and resources of the Application; changing payment methods and terms; the need to counteract an unforeseen and direct threat related to the protection of the Application, including the Electronic Services and Users against fraud, malware, spam, data breaches or other threats to cybersecurity; changing the Service Provider’s data; improving the quality of User service – to the extent to which these changes affect the implementation of the provisions of these Regulations.

a.i.1.b. Notification of proposed changes will be sent at least 15 days in advance before the changes come into effect, provided that a change may be introduced without observing the 15-day notice period if the Service Provider: (1) is subject to a legal or regulatory obligation that requires it to amend the Terms and Conditions in a manner that prevents it from meeting the 15-day notice period; or (2) must, as an exception, amend its Terms and Conditions to counteract an unforeseen and imminent threat related to the protection of the Application, including the Electronic Services, and Users against fraud, malware, spam, data breaches, or other cybersecurity threats. In the last two cases referred to in the preceding sentence, the changes will be introduced with immediate effect, unless a longer deadline for implementing the changes is possible or necessary, of which the Service Provider will notify each time.

a.i.1.c. In the case of ongoing contracts (e.g., use of an Account), the User has the right to terminate the contract with the Service Provider before the expiry of the notification period for proposed changes. Such termination becomes effective within 15 days of receiving the notification. In the case of an ongoing contract, the amended Terms and Conditions are binding on the User if the User was properly notified of the changes in accordance with the notification period before their introduction and did not terminate the contract during that period. Additionally, at any time after receiving notification of the changes, the User may accept the changes and thus opt out of the further notice period. In the case of an agreement other than ongoing contracts, changes to the Terms and Conditions will not in any way affect the rights acquired by the User prior to the effective date of the changes.

In matters not regulated by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws of 2002, No. 144, item 1204, as amended); Copyright Law and other relevant provisions of generally applicable law.

Thank you for reading carefully!
If you have any questions, we are always at your disposal.
We invite you to use our application,
CADitNOW Application Team

APPENDIX 1 TO THE REGULATIONS

PERSONAL DATA PROCESSING AGREEMENT

The Service Recipient (hereinafter referred to as the „Entrusting Party”) and the Service Provider (hereinafter referred to as the „Processor”) agree that in order to meet the obligations arising from the provisions of the law, in particular the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), hereinafter referred to as the GDPR, as well as for the proper implementation of the provisions of these Regulations, the Entrusting Party entrusts the Processor with the personal data of third parties for processing in order for the Processor to provide the services indicated in the Regulations, to the extent and on the terms specified in this entrustment agreement (hereinafter referred to as the „Entrustment Agreement”) and taking into account the provisions of the Regulations.

1. The Entrusting Party declares that it has collected the personal data entrusted to the Processor for processing in accordance with applicable law and that it is their controller.
2. The Processor declares that it undertakes to use personal data only to the extent necessary to perform the subcontracting services of digital prosthetic restorations referred to in the Regulations.
3. The scope of personal data processed specified below is the maximum scope, which means that not in every case will the indicated personal data actually be entrusted for processing to the Processor by the Entrusting Party (this depends, among other things, on the scope of the Order and the materials provided).
4. The scope of personal data processed may include:
   • identification and contact details of persons creating the account and the User’s employees (names and surnames, e-mail addresses, telephone numbers, job positions) – in connection with the registration of the organization’s main account and the creation of employee sub-accounts,
   • identification and contact details of the User as an entrepreneur (name of the clinic/laboratory, Tax Identification Number, National Business Registry Number, registered office address, invoicing details),
   • personal data of the User’s patients necessary for the execution of Orders for digital prosthetic restorations, in particular: names and surnames of patients, personal data of a special category, i.e. health data and related data, i.e. medical data (patient charts, treatment plans, treatment histories, intraoral and facial photographs, intraoral scans of teeth, X-ray images, CBCT scans and other diagnostic and descriptive materials provided as part of the Order).
5. The data are entrusted by the Entrusting Party solely for the purpose of performing the contract for the provision of the Service of subcontracting digital prosthetic reconstructions concluded on the basis of the Regulations and the placed Order, i.e. in particular for the purpose of: storing, viewing, analyzing, modifying (within the scope of designing a digital model of prosthetic reconstruction in the Exocad software), providing ready-made production files, recording, encrypting, copying (including to the extent justified by making backup copies of server resources to ensure data security) and deleting data – unless another obligation is imposed on the Processor by European Union law or the law of the Member State to which the Processor is subject.
6. The data entrusted to the Processor are processed for the time necessary to complete the Order and for the period of data storage as part of the Order history and backup copies in accordance with the Regulations – unless the Regulations provide otherwise or another obligation is imposed on the Processor by European Union law or the law of the Member State to which the Processor is subject.
7. The Processor processes the personal data entrusted to it solely on the basis of the Entrusting Party’s documented instructions, which include this Data Processing Agreement and the Regulations. The Entrusting Party hereby expresses its general consent to the Processor’s use of the services of other entities to process the entrusted data (so-called sub-entrustment).
8. The Processor ensures that the services of another processor will be used only when necessary to perform the Data Protection Agreement or to provide Services under the Regulations, and only to the extent and for the time necessary to achieve this purpose and in accordance with these agreements. In this regard, the Processor may use the services of suppliers who provide it with technical and IT solutions enabling it to conduct business and provide services (e.g., server providers, email providers, business management software providers, and technical support providers for the Processor).
9. The Processor undertakes, prior to processing personal data, to secure them by implementing and maintaining technical and organisational measures ensuring an appropriate level of security corresponding to the risks associated with the processing of personal data referred to in Article 32 of the GDPR, appropriate to the type of data being processed.
10. The Processor undertakes to exercise due diligence when processing the entrusted personal data. In particular, the Processor undertakes, to the extent possible, taking into account the nature of the processing and the information available to it, to assist the Entrusting Party in fulfilling the obligations imposed on it under Articles 32-36 of the GDPR, as well as in responding to requests from data subjects regarding the exercise of their rights.
11. The Processor undertakes to grant authorization to process personal data to all persons who will process the entrusted data for the purpose of implementing this Data Processing Agreement on its behalf.
12. The Processor undertakes to ensure the confidentiality of the data processed by persons authorized to process personal data for the purpose of implementing this Data Processing Agreement, both during their employment by the Processor and after the termination of their employment.
13. After the provision of services related to processing, the Processor shall delete all personal data and delete all existing copies thereof, unless European Union law or the law of a Member State requires the storage of personal data.
14. The Processor declares that any person (e.g., a full-time employee, a person performing activities under civil law contracts, or other persons working for the Processor) permitted to process data entrusted by the Processor will be obligated to maintain the confidentiality of such data. This confidentiality also includes all information regarding the methods of securing the personal data entrusted for processing.
15. The Processor undertakes to immediately notify the Entrusting Party:
    • about any legally justified request to disclose personal data to a competent state authority, unless the prohibition of notification results from legal provisions, in particular the provisions of criminal proceedings, when the prohibition is aimed at ensuring the confidentiality of an initiated investigation;
    • any unauthorized access to personal data;
    • about each request received from the person whose data it processes, while refraining from responding to the request;
    • on initiating an inspection by the Processor regarding the processing of the entrusted personal data;
    • about any doubts regarding the instruction given to him by the Entrusting Party if, in his opinion, it constitutes a violation of the GDPR.
16. The Processor shall provide the Entrusting Party with all information necessary to demonstrate compliance with the obligations set out in Article 28 of the GDPR and shall enable the Entrusting Party or an auditor authorized by the Entrusting Party to conduct audits, including inspections of the processing of entrusted data under the Entrustment Agreement for compliance with the GDPR, and shall contribute to them.
17. Procesor udostępnia Powierzającemu na jego żądanie wszelkie informacje niezbędne do wykazania, że spełnił obowiązki nakładane przez niego na mocy niniejszej Umowy Powierzenia, jak i przepisów rozporządzenia RODO.