Last Updated: November 16, 2024
If you signed a separate Cover Page to access the Product with the same account, and that agreement has not ended, the terms below do not apply to you. Instead, your separate Cover Page applies to your use of the Product.
This Agreement is between Dentee and the company or person accessing or using the Product. This Agreement consists of: (1) the Order Form below and (2) the Framework Terms defined below.
If you are accessing or using the Product on behalf of your company, you represent that you are authorized to accept this Agreement on behalf of your company. By signing up, accessing, or using the Product, Customer indicates its acceptance of this Agreement and agrees to be bound by the terms and conditions of this Agreement.
Order Form
Framework Terms: This Order Form incorporates and is governed by the Framework Terms that are made up of the Key Terms below and the Common Paper Cloud Service Agreement Standard Terms Version 2.0, which are incorporated by reference. Any modifications to the Standard Terms made in the Cover Page will control over conflicts with the Standard Terms. Capitalized words have the meanings given in the Cover Page or the Standard Terms.
Cloud Service: Uploader
Order Date: The Effective Date
Subscription Period: 1 month(s)
Cloud Service Fees: Certain parts of the Product have different pricing plans, which are available at Provider’s pricing page. Customer will pay Provider the applicable Fees based on the Product tier and Customer’s usage. Provider may update Product pricing by giving at least 30 days notice to Customer (including by email or notification within the Product), and the change will apply in the next Subscription Period.
Payment Process: Automatic payment: Customer authorizes Provider to bill and charge Customer's payment method on file Monthly for immediate payment or deduction without further approval.
Non-Renewal Notice Period: At least 30 days before the end of the current Subscription Period.
Key Terms
Customer: The company or person who accesses or uses the Product. If the person accepting this Agreement is doing so on behalf of a company, all use of the word "Customer" in the Agreement will mean that company.
Provider: Dentee
Effective Date: The date Customer first accepts this Agreement.
Governing Law: The laws of the State of Delaware
Chosen Courts: The state or federal courts located in Delaware
Covered Claims:
Provider Covered Claims: Any action, proceeding, or claim that the Cloud Service, when used by Customer according to the terms of the Agreement, violates, misappropriates, or otherwise infringes upon anyone else’s intellectual property or other proprietary rights.
Customer Covered Claims: Any action, proceeding, or claim that (1) the Customer Content, when used according to the terms of the Agreement, violates, misappropriates, or otherwise infringes upon anyone else’s intellectual property or other proprietary rights; or (2) results from Customer’s breach or alleged breach of Section 2.1 (Restrictions on Customer).
General Cap Amount: The fees paid or payable by Customer to provider in the 12-month period immediately before the claim.
Notice Address:
For Provider: [email protected]
For Customer: The main email address on Customer's account
Customer Data: The Provider will process Customer's personal and video data in accordance with applicable data protection laws. By using the Product, Customer consents to the collection, processing, and storage of their data as outlined in the Privacy Policy.
Security: The Provider implements reasonable measures to protect Customer's data. However, the Provider does not guarantee that unauthorized access or data breaches will not occur.
Data Retention: Customer's data will be retained for the duration of the subscription period. Upon termination of the subscription, data will be deleted within [X] days unless otherwise required by law.
Customer may not:
Disclaimer: The Provider makes no warranties, express or implied, regarding the Cloud Service, including but not limited to any warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property rights.
Limitation of Liability: To the maximum extent permitted by law, the Provider's liability for any claim arising out of or relating to this Agreement will be limited to the fees paid by Customer to Provider for the Cloud Service in the 12 months immediately preceding the claim.
Either party may terminate this Agreement at any time with 30 days' written notice. Upon termination, Customer’s access to the Cloud Service will be terminated, and all outstanding fees must be paid.
Effect of Termination: Upon termination of this Agreement, Customer will no longer have access to the Cloud Service and any data stored within it. Customer may request a copy of their data before the termination date.
Force Majeure: Neither party will be liable for any delay or failure to perform its obligations under this Agreement due to events beyond its reasonable control, including but not limited to acts of God, war, terrorism, or natural disasters.
Entire Agreement: This Agreement, along with any applicable Cover Page, constitutes the entire understanding between the parties and supersedes all prior or contemporaneous agreements or communications.
Severability: If any provision of this Agreement is determined to be invalid or unenforceable, the remainder of this Agreement will continue in full force and effect.