WEBSITE TERMS OF USE

This page (togetherwith the documents referred to on it) sets out the terms and conditions (“Terms”) on which you may make use of the website at www.alignerintelligence.com (the “Website”) and the mobile application (together the “Platform”), and the information, content, features and services provided through the Website (together, the “Services”).

Please read these Terms carefully before you continue to use the Platform or the Services.

By using the Platform and/or the Services, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms of use, please do not use the Platform or the Services.

These Terms apply to visitors of the Platform as well as to Registered Users (as defined below).However, if you are a visitor (and not a Registered User), you will only be able to access those parts of the Platform which we make publicly available.

Please note that neither Apple, Inc. or Google LLC is a sponsor of the Platform, or involved in any of the Services in any manner.

1.            Information About Us

The Platform is owned and operated by Aligner Intelligence Limited, incorporated and registered in the England and Wales, whose registered office is at Stag Gates House, 63/64 The Avenue, Southampton, Hampshire, United Kingdom, SO17 1XS(“we”, “us”, “our” or “Aligner Intelligence”).Our company registration number is 14512599.

2.            Definitions

2.1         The following definitions shall apply in these Terms:

“Intellectual Property Rights” means patents, rights in inventions, copyright andneighbouring and related rights, trade marks, business names and domain names,rights in get-up and trade dress, goodwill and the right to sue for passing offor unfair competition, rights in designs, database rights, rights to use, andprotect the confidentiality of, confidential information (including know-how andtrade secrets), and all other intellectual property rights, in each case whetherregistered or unregistered and including all applications and rights to applyfor and be granted, renewals or extensions of, and rights to claim priorityfrom, such rights and all similar or equivalent rights or forms of protectionwhich subsist or will subsist now or in the future in any part of the world;

“Registered User” means any person that has created an account onthe Platform; and

“Third Party Sites” means websites,applications, platforms or other software operated by third parties.

3.            Purpose of the Platform

3.1         The Platform allows Registered Users to purchaseand access (i) bespoke aligner treatment planning services in the course oftheir diagnosis and treatment of patients and (ii) AlignerIntelligence’s educational and training modules.

4.            Additional Terms

4.1         The ways in which you can use the Platform may also be controlled by, ifyou have downloaded the App from the Apple, Google or any other third party AppStore, the applicable App Store rules and policies (the “App Store Rules”) and the App Store Rules will apply, to the extentapplicable to the download of the App from the App Store, instead of theseTerms where there are differences between the two.

4.2         In addition to these Terms of Use, thefollowing terms and privacy policies shall apply to you:

(a)       Privacy &Cookie Policy [INSERT LINK TO PRIVACY POLICY]; and

(b)       if you area Registered User and you pay for or access any aligner treatment planningservices and/or Aligner Intelligence’s educational andtraining modules via the Platform, theAgreement with dentists/orthodontists [INSERT LINK TO AGREEMENTWITH DENTISTS/ORTHODONTISTS].

5.            Accessing the Platform  and the Services

5.1         Access to the Platform is permitted on atemporary basis, and we reserve the right to add, change, modify, suspend ordiscontinue any part of the Platform and/or the Services at any time andwithout notice.  We will not be liableif, for any reason, the Platform or any of the Services are unavailable at anytime or for any period.

5.2         We take all reasonable steps to ensure thatthe information on the Platform is correct. However, we do not guarantee thecorrectness or completeness of material on the Platform.

5.3         Whilst we take reasonable steps to ensure thesmooth functioning of the Platform, we do not guarantee that it will be errorfree.

6.            Updates to the Platform and changes to theServices

6.1         From time to time, we may automaticallyupdate the Platform and change the Services to improve performance, enhancefunctionality, reflect changes to the operating system or address securityissues. Alternatively, we may ask you to update the Platform for these reasons.

6.2         If you choose not to install such updates orif you opt out of automatic updates, you may not be able to continue using the Platformor the Services.

6.3         We shall use reasonable endeavoursto ensure the Platformis available 24 hours per day and 7 days per week. However, you accept that therewill be times when the Platform isunavailable due to scheduled or unscheduled maintenance work being carried outon the Platform.

7.            Acceptable Use

7.1         You may use Platform and the Services forlawful purposes only.  You must not (norattempt to):  

(a)       use the Platformor any Service in any unlawful manner, for any unlawful purpose, or in anymanner inconsistent with these Terms, or act fraudulently or maliciously, forexample, by hacking into or inserting malicious code, such as viruses, or harmfuldata, into the Platform, the Services or any operating system;

(b)       infringeour Intellectual Property Rights or those of any third party in relation toyour use of the Platform or the Services (to the extent that such use is notlicensed by these Terms);

(c)       upload or transmitany material that is defamatory, offensive, threatening, abusive, amounts to aninvasion of another’s privacy or otherwise objectionable in relation to youruse of the Platform or the Services;

(d)       use the Platformor the Services in a way that could damage, disable, overburden, impair orcompromise our systems or security or interfere with other users;

(e)       collect orharvest any information or data from the Services or our systems or attempt todecipher any transmissions to or from the servers running the Services;

(f)       use the Platform toprovide services to third parties;

(g)      attempt to obtain, or assistthird parties in obtaining, access to the Platform;

(h)       use the Platformor the Services for any commercial or business purposes; and

(i)       use the Platform or the Services for anypurpose except for the purposes of these Terms.

8.            Suspension and Termination

8.1         Failure to comply with paragraph 7(Acceptable Use) in these Terms constitutes a material breach of these Terms,and may result in our taking all or any of the following actions:

(a)       removal ofany content uploaded or transmitted by you;

(b)       immediate,temporary or permanent withdrawal of your right to use the Services;

(c)       issuing ofa warning to you;

(d)       legal actionagainst you including proceedings for reimbursement of all costs on an (including,but not limited to, reasonable administrative and legal costs) resulting fromthe breach; and/or

(e)       disclosureof such information to law enforcement authorities as we reasonably feel isnecessary.

8.2         The responses described in this clause arenot limited, and we may take any other action we reasonably deem appropriate.

9.            Intellectual Property Rights

9.1         All Intellectual Property Rights in the Platform(including, but not limited to, the Aligner Intelligence name and logo, design,text, artwork, graphics, videos, images, interfaces and other media) and the Servicesthroughout the world belong to us (or our licensors), and these rights arelicensed (not sold) to you. You have no Intellectual Property Rights in, or to,the Platform or the Service other than the right to use them in accordance withthese Terms.

9.2         You may not copy, reproduce, republish, distribute,download, post, broadcast, transmit, make available to the public, or otherwiseuse any content on the Platform in any way except for your own personal,non-commercial use.

9.3         You agree that you are not permitted to:

(a)       rent,lease, sub-license, loan, provide, or otherwise make available, the Platform orthe Services in any form, in whole or in part to any person without priorwritten consent from us;

(b)       copy,reproduce, distribute, display or modify the Platform or the Services, exceptas part of the normal use of the Platform or where it is necessary for the purposeof back-up or operational security; or

(c)       disassemble,de-compile, reverse engineer or create derivative works based on the whole orany part of the Platform or the Services nor attempt to do any such things.

10.        We are not responsible for Third Party Sites youlink to

10.1       The Platformor any Service may contain links to other independent Third Party Sites whichare not provided by us. Such independent sites are not under our control, andwe are not responsible for and have not checked and approved their content ortheir privacy policies (if any).

10.2       You willneed to make your own independent judgement about whether to use any such independentsites, including whether to buy any products or services offered by them.

11.        Our Liability

11.1       We havetaken every care in the preparation of the Platform and the Services. However,we cannot be responsible, and are not liable, for any technical problems youmay experience with the Platform or any of the Services.

11.2       To the fullestextent permitted by law, we exclude all liability (whether arising in contract,tort (including negligence), breach of statutory duty or otherwise) for any lossor damage which you or any third party may incur in connection with the Platform, the Services, and anywebsite linked to the Platform and any materials posted on it. This does notaffect:

(a)       ourliability for death or personal injury arising from our negligence or thenegligence of our employees, agents or subcontractors;

(b)       ourliability for fraudulent misrepresentation or misrepresentation as to afundamental matter; or

(c)       any otherliability which cannot be excluded or limited under applicable law.

12.        Other Terms

12.1       We mayrevise these Terms from time to time. You are expected to check this page to takenotice of any changes we make, as they are binding on you.

12.2       Eachparagraph of these Terms operates separately. If any court or relevantauthority decides that any of them are unlawful, the remaining paragraphs willremain in full force and effect.

12.3       If either we or you have any right to enforce these Termsagainst the other, that right will not be lost even if the person who has theright delays enforcing it, or waives their right to enforce it in any instance.  

12.4       Other thanas set out in these Terms, these Terms are not intended to grant rights toanyone except you and Aligner Intelligence, and in no event shall these Terms createany third party beneficiary rights. Furthermore, the rights to terminate,rescind, or agree to any variation, waiver, or settlement of these Terms arenot subject to the consent of any other person.

13.        Which laws apply to this contract and whereyou may bring legal proceedings

13.1       These Terms(and any non-contractual disputes/claims arising out of or in connection withthem) are governed by the law of England and Wales and you agree that thecourts of England and Wales shall have non-exclusive jurisdiction to settle anydispute or claim (including non-contractual disputes or claims arising out ofor in connection with these Terms or their subject matter or formation.

14.        Contact

If you have anyqueries or any concerns about material which appears on the Platform or any ofthe Services, you may contact Aligner Intelligence by emailing us at info@alignerintelligence.com.

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If you have any questions about how we use your personal data, please contact: info@alignerintelligence.com  

1. The types of personal data we collect

We collect and use the following information about you:

• Your Identity Data including your first name, and surname.
• Your Contact Data including your billing address, email address, and telephone numbers.
• Financial Data including bank account and payment card details.
• Your Transactional Data including information about our business dealings, transactions and interactions with you.  
• Your Technical Data including your IP address when you visit or engage with our Website or social media Accounts.
• Profile Data including purchases or orders made by you, and feedback and survey responses about services we have provided to you.

• Usage Data including information about how you use our Website and services.  
• Marketing and Communications Data including your preferences in receiving marketing from us and your communication preferences.

We will indicate where any personal information we have requested is mandatory. We will also explain the consequences should you decide not to provide information which we have indicated is mandatory. In some circumstances this may mean we are unable to provide you with a certain service.

2. If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of an agreement we have with you, and you fail to provide that data when requested, we may not be able to perform the agreement we have or are trying to enter into with you (for example, to provide you with our services). In this case, we may have to cancel a service you have with us, but we will notify you if this is the case at the time.  

3. How we use your personal data

We will only process your personal data where we have a legal basis to do so. The legal basis will depend on the purposes for which we have collected and use your personal information. In almost every case, the legal basis will be one of the following.

• Our legitimate business interests Where it is necessary for us to carry out the services, provided in each case that this is done in a legitimate way which does not unduly affect your privacy and other rights. Also, where it is necessary for system administration purposes and for internal operations, including data analysis, testing, research, statistical and survey purposes.  
• Performance of an agreement with you (or in order to take steps prior to entering into an agreement with you): For example:

• where you have provided your information in order to receive details in relation to our services and service packages from us;

• where you have acquired one or more of our services or service packages on the Website;
• to provide customer support and ensure we provide a good level of customer service.

• Compliance with the law: where we are subject to a legal obligation and need to use your personal information in order to comply with that obligation.

4. How we share your personal data with third-parties

We may share your personal information within our group of companies for the purposes set out in this privacy policy.

We may share your personal information with our suppliers, business partners and service providers, where they are helping us to market, advertise or supply our services, for them to use for the purposes set out in this privacy policy.  They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We may disclose your personal information to other third parties in the following cases:

• for the purposes of research, evaluation, and analysis of our services;
• in the event that we sell any business or assets, in which case we may disclose your personal information to the prospective buyer of such business or assets;
• if we or substantially all of our assets are acquired by a third party, in which case personal information held by us about our clients, contractors, suppliers and visitors to our Website will be one of the transferred assets;

• if we are under a duty to disclose or share your personal information in order to comply with any legal or regulatory obligation or request; or
• to protect the rights, property or safety of us or our users, or others, and in order to enforce or apply our terms and conditions (this includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction).

NB: We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

5. Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. You will receive marketing communications from us if you have requested information from us or purchased services from us and you have not opted out of receiving that marketing.

Third-party marketing. We are committed to protecting and respecting your personal data. We will not sell or rent your personal data to any third parties.  

Opting out. You can ask us or third parties to stop sending you marketing messages at any time by contacting us at any time. Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a service purchase, service experience or other transactions.

6. Cookies

Our Website uses cookies to distinguish you from other users of our Website. This helps us to provide you with a good experience when you browse our Website and also allows us to improve our Website. A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer's hard drive. We use the following cookies:

• Strictly necessary cookies. These are cookies that are required for the operation of our Website. They include, for example, cookies that enable you to log into secure areas of our Website, use a shopping cart or make use of e-billing services. These cookies are set by Finsweet Cookie Consent, and they manage your consent to non-essential cookies. This allows us to ensure you only receive cookies that you consent to and that consent can be withdrawn at any time. This processing takes place exclusively on your computer. You can find more information here.
• Analytical or performance cookies. These allow us to recognise and count the number of visitors and to see how visitors move around our Website when they are using it. This helps us to improve the way our Website works, for example, by ensuring that users are finding what they are looking for easily. These cookies are set by Google Analytics. Google Analytics is a web analysis service provided by Google which uses the Data collected to track and examine the use of our Website. Place of processing: Google: United States - Privacy Policy.  
• Functionality cookies. These are used to recognise you when you return to our Website. This enables us to personalise our content for you, greet you by name and remember your preferences.

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this Website may become inaccessible or not function properly.  

NB: We do not share the information collected by the cookies with any third parties.

7. Where we store your personal data

The personal data that we collect from you may be transferred to, and stored within, countries outside the United Kingdom (“UK”) and European Economic Area ("EEA").  

Whenever we transfer your information internationally, we will take steps which are reasonably necessary to ensure that adequate safeguards are in place to protect your personal information and to make sure it is treated securely and in accordance with this privacy policy. In these cases, we rely on approved data transfer mechanisms (such as the EU and UK “Standard Contractual Clauses”) to ensure your information is subject to adequate safeguards in the recipient country. If you are located in the UK or EEA, you may contact us for a copy of the safeguards which we have put in place to protect your personal information and privacy rights in these circumstances.  

8. Your Rights

Aligner Intelligence takes your privacy very seriously and wants you to be aware of your tights, as follows:  

• you have the right to request (i) confirmation of whether we process your personal data and (ii) access to a copy of the personal data retained;

• you have the right to request proper rectification or removal of your personal data or restriction of the processing of your personal data;
• where processing of your personal data is either based on your consent or necessary for the performance of an agreement with you and processing is carried out by automated means, you have the right to receive the personal data concerning you in a structured, commonly used and machine-readable format or to have your personal data transmitted directly to another company, where technically feasible (data portability);
• where the processing of your personal data is based on your consent, you have the right to withdraw your consent at any time without impact to any data processing activities that have taken place before such withdrawal;
• you have the right not to be subject to any decisions based solely on automated processing, including profiling, which has legal or other similarly significantly effects on you unless we have your consent, it is authorised by law or it is necessary for the performance of an agreement;
• you have the right to object to processing if we are processing your personal data on the basis of our legitimate interest unless we can demonstrate compelling legitimate grounds which may override your right. If you object to such processing, we ask you to state the grounds of your objection in order for us to examine the processing of your personal data, and to balance our legitimate interests in carrying out the processing and your objection to this processing;

• The right to object to processing your personal data for direct marketing purposes; and
• The right to lodge complaints before the competent data protection regulator, the UK Information Commissioner’s Office.

Before we can respond to a request to exercise one or more of the rights listed above, you may be required to verify your identity or your account details. This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Please send us an email at info@alignerintelligence.com if you would like to exercise any of your rights.

9. Data Security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed.  

We take steps to ensure that your information is treated securely and in accordance with this policy. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, for example, by encryption or by using pseudonym, we cannot guarantee the security of your information transmitted via the internet; any transmission is at your own risk.

We have appropriate technical and organizational measures to ensure a level of security appropriate to the risk of varying likelihood and severity for the rights and freedoms of you and other individuals. We maintain these technical and organizational measures and will amend them from time to time to improve the overall security of our systems.  

In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know.  

We will, from time to time, include links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any information to these websites.

10. How long we keep your personal data

We retain your information for as long as it is necessary to provide you with the service we supply to you or to fulfil our obligations to you. Where we do not need your information in order to provide the service or to fulfil our obligations to you, we retain it only for so long as we have a legitimate business purpose in keeping such data.  

However, there are occasions where we are likely to keep this data for longer in accordance with our legal obligations or where it is necessary for the establishment, exercise or defense of legal claims.

After our agreement with you expires or terminates, or our relationship with you has otherwise ended, we may store your information in an aggregated and anonymised format.

11. Information relating to children

The services provided by Aligner Intelligence are not directed at children under the age of 18. If you believe that we have personal data about or collected from a child under the relevant age, please contact us at info@alignerintelligence.com.

12. Complaints

In the event that you wish to make a complaint about how we process your personal data, please contact us in the first instance at info@alignerintelligence.com and we will endeavour to deal with your request as soon as possible.  

This is without prejudice to your right to launch a claim with the relevant data protection authority.

13. Changes

We will generally notify you of any material changes to this policy, through a notice provided via the Website or otherwise supplied to you. However, you should look at this policy regularly to check for any changes. We will also update the “Last Updated” date at the top of this policy, which reflects the effective date of such policy. Your continued engagement with us after the date of the updated policy constitutes your acceptance of the updated policy. If you do not agree to the updated policy, you must stop your engagement with us.

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