Terms of Service

Last updated: 06 october 2023

1. INTRODUCTION

These terms and conditions (“Terms”) govern your use of Clever TP's services and website (“Platform”). By accessing or using the Platform, you agree to comply with these Terms. If you do not agree with these Terms, please do not use our services.

2. DEFINITIONS

• “Clever TP” refers to Clever TP, a company registered in Romania, with its principal office located at Bucharest, Romania, Sector 3, Street Mavrogheni Nicolae No 4, Floor 3, Room A3, Room 3 .
• “Platform” refers to Clever TP's online service for orthodontic treatment planning.
• “Client” refers to the registered user, typically an orthodontist or dental professional, utilizing Clever TP's services.
• “Treatment Plan” refers to the orthodontic treatment plan suggestion created by Clever TP, which includes case design and recommendations.

3. SERVICES

Clever TP provides a comprehensive treatment planning platform designed to assist orthodontists and dental professionals in creating orthodontic treatment plans for their patients, specifically for Spark users as part of our partnership with Ormco Elevate.

• Treatment Plan Suggestions: Clever TP offers treatment plan suggestions based on the information provided by the Client. These suggestions include case design, biomechanics, and recommendations to enhance orthodontic treatment.
• Platform Features: Clients have access to various features on the Platform, including case management, communication tools, and access to our network of TP Experts.

4. PAYMENT TERMS

All payments for Clever TP's services are non-refundable. The Client agrees to pay for services via credit card using the secure payment processor Stripe. Clever TP reserves the right to update pricing and payment terms, which will be communicated to Clients in advance.

Details of the available packages and services, along with their associated costs, are as follows:

Clever Refinement

• Cost: €99
• This package offers additional refinements for cases that have been initially done with Clever TP. It allows orthodontists and dental professionals to fine-tune treatment plans and make necessary adjustments for optimal patient outcomes.

Clever Light

• Cost: €199
• Clever Light is designed for Spark 10 users and includes one refinement. This package offers a comprehensive treatment planning solution for orthodontic cases, providing case design, biomechanics, and recommendations to enhance orthodontic treatment.

Clever Medium

• Cost: €249
• Clever Medium caters to Spark 20 users and includes two refinements. It provides a more extensive treatment planning service, allowing orthodontists to create tailored orthodontic treatment plans, address complex cases, and receive expert recommendations.

Clever Complex

• Cost: €299
• Clever Complex is ideal for Spark Advanced users and includes two refinements. This premium package offers advanced treatment planning capabilities, accommodating complex cases, and providing comprehensive biomechanics, case design, and expert guidance.

If the package selected by the Client, containing a certain treatment plan is considered improper, Clever TP will automatically upgrade the package to offer the treatment plan suited to the Client's needs. In this case, the Client will be bound to pay the cost of the upgraded package.

Please note that all payments are processed securely through Stripe, and clients will be notified of any updates to pricing or payment terms in advance.

5. LIABILITY

Clever TP provides treatment plan suggestions based on the information provided, but we do not assume responsibility for the accuracy or suitability of these plans. The Client acknowledges that the responsibility for patient diagnosis and treatment plan implementation rests solely with them. Clever TP is not responsible for patient outcomes or the results of treatment.

6. PRIVACY AND DATA USAGE

• Data Security: Clever TP takes data security seriously and employs industry-standard measures to protect client data. Clients can find more details in our Privacy Policy.
• Data Usage: Clever TP may use anonymized data from the Platform for research and development purposes, contributing to the enhancement of our services.

7. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms are governed by the laws of Romania, and any disputes arising from or related to these Terms shall be subject to the exclusive jurisdiction of the Romanian courts.

8. AMENDMENTS

Clever TP reserves the right to update these Terms at any time. Updated Terms will be posted on the Platform, and Clients will be notified of changes. Continued use of the Platform after changes are made constitutes acceptance of the revised Terms.

9. TERMINATION OF SERVICES

Clever TP reserves the right to suspend or terminate services at its discretion for any client without providing explanations. This action may be taken in cases such as:

• Violation of Terms: Clever TP may suspend services if a client is found to be in violation of these Terms and Conditions, including but not limited to misuse of the platform, non-payment of fees, or other breaches of contractual obligations.
• Security Concerns: In situations where there are security concerns or potential threats to the platform, Clever TP may suspend services to protect the integrity of the system and the data of its clients.
• Non-Compliance: If a client fails to comply with applicable laws, regulations, or ethical standards related to orthodontic practice, Clever TP may suspend services to ensure legal and ethical compliance.
• Not a Spark User: Clever TP may suspend or terminate services for clients who are not Spark users or who are using or working for a competing Treatment Planning Software (TPS) platform, particularly if there is a suspicion of attempting to copy, replicate, or spy on the Clever TP platform.

These are examples, and Clever TP retains the discretion to suspend or terminate services in other situations deemed necessary to protect its interests, the interests of its clients, or the integrity of the platform.

10. INTELLECTUAL PROPERTY

All intellectual property rights related to the treatment plans, data, and content generated on the Platform are owned by Clever TP.

11. CONFIDENTIALITY

Confidentiality is based on standard encryption protocols and access is granted based on the contract agreement between Clever TP and Ormco, and from the agreement between the Client and Clever TP. Clever TP can only access the patient data the doctor wants treated with us; no other patient information will be shared with us. Clever TP cannot download any patient data from the Spark platform.

12. FORCE MAJEURE

Clever TP shall not be held responsible for failure to perform due to unforeseen events, such as war, natural calamities, etc.

13. TREATMENT PLAN GUARANTEE

Clever TP guarantees the delivery of the final treatment plan within 14 working days.

14. AVAILABILITY AND SUPPORT

Clever TP provides support and services to all countries in the EMEA region where Spark is available, except for the UK and Italy.

15. INDEMNIFICATION

Clients agree to indemnify and hold Clever TP harmless from any claims, damages, or losses arising from their use of the Platform.

16. SEVERABILITY

If any part of these Terms is deemed unenforceable, the remainder of the Terms will remain in effect.

17. ENTIRE AGREEMENT

These Terms constitute the entire agreement between Clever TP and the Client, supersedes prior agreements, and cannot be modified except in writing and accepted by both parties.

18. CONTACT INFORMATION

For any questions or concerns regarding these Terms or Clever TP's services, please contact us at [email protected].