Last updated: 9th of February 2016
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the http://user.futudent.com website and or Futudent recording software (the "Service") operated by Novocam Medical Innovations Oy (Ltd) ("us", "we", or "our", "operator").
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Description of service
The Service means our dental archive and communication services, applications (Futudent recording software) and related systems and technologies, as well as the website http://user.futudent.com. The Service doesn't include Your data (defined below) or a third party applications which you use in connection with the Service. Any modifications and new features added to the Service are also subject to these Terms. We reserve the right to modify or discontinue the Service, any feature or functionality at any time. We use reasonable efforts to inform you of significant changes in the Service, either though notice on our Service or email address you have provided us.
In order to use some portions of our Service you may need to register an account. Registration is always needed when personal health information is managed. Any registration information you provide to us must be accurate, current and complete. Accounts are granted to individual named persons only and may not be shared. You are responsible for actions taken through your account. You acknowledge you are handling personal health information in the Service and you use the Service according local legislation. You agree to immediately notify us of any unauthorized use of accounts.
"Your data" means any data, video, images, documents or other materials of any type you upload, submit or otherwise transmit to or through our Service. You will retain all rights to Your Data in the form provided to us. Your data must not violate, infringe or misappropriate any third party's copyright, trademark or right of privacy. You grant us non-exclusive, worldwide and royalty-free right to collect, use, copy, store and transmit Your data to the extent we can provide the Service for you. You control how Your data is shared with other people who use our Service. We may also access your account in order to respond to your support requests.
Support and maintenance
We will provide the support and maintenance for the Service as described in the support policy. Support and maintenance is subject to the support policy and may be modified time to time to reflect process improvements. Your support level is described in service plan, see Subscription terms for additional information. Support and maintenance for the service include access to new releases which can include bug fixes, enhancements and new features. Access to new features might need activation and or different service plan.
The Service is provided on a subscription basis for a set term specified in your Order as "Service Plan". Service Plan can have "Initial Subscription Term" and "Subscription Term". Initial Subscription Term is the minimum term ordered in Order and Subscription term is renewal term for the selected Service plan. All subscriptions will automatically renew for periods equal to the Subscription term unless otherwise agreed in your Order or you cancel your subscription before the renewal. If you cancel your subscription it will terminate at the end of Initial subscription term or subscription term and you will not be entitled to any credits or refunds paid before the termination.
You agree to pay all fees in accordance with each Order and Service Plan defined in the order. Initial Subscription Term and Subscription Term are charged before the term starts. If you go above limits defined in the Service Plan we will charge you for the increased levels then-currently applicable rates in your next billing cycle. You agree that we may bill your credit card for renewals, additional quotas and unpaid fees as applicable.
Acceptable use policy
Our Service is meant for managing personal health information and we expect all users to respect privacy and confidentiality of the information in the Service. We reserve the right to remove the content (Your data) or terminate your account in case of privacy or copyright violation, technical tampering or interference of the Service in manners that can cause harm to the Service or other users.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Termination by user shall be made by written notice which is delivered to the Operator before end of the term period. Termination by Operator shall be made by written notice that is delivered to the user not less than 30 days prior to the effective date of termination specified in the notice. Said notice of termination shall be without effect if the user cures all breaches that gave rise to termination prior to the effective date of termination.
Links to other web sites
Our Service may contain links to thirdparty web sites or services that are not owned or controlled by us.
We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any thirdparty web sites or services that you visit.
Applicable law and dispute resolution
This agreement is governed by and construed in accordance with the laws of Finland excluding its choice of laws provisions.The application of United Nations Convention on Contracts for the International Sale of Goods done at Vienna is expressly excluded. Any controversy or claim arising out of or relating to the terms and conditions of this agreement shall be primarily settled by negotiations. Any disputes arising from or relating to the terms and conditions of the agreement shall be finally settled in arbitration in Helsinki in accordance with the Arbitration Rules of the Arbitration Institute of the Finland Central Chamber of Commerce. The arbitration tribunal shall consist of one (1) arbitrator appointed by the Institute. The arbitration proceeding shall be conducted in Finnish. Notwithstanding the aforesaid, under the laws of the country where the user is located, the user may have additional rights and remedies on the basis of the mandatory provisions of the local consumer protection legislation. This Agreement does not affect on such rights and remedies.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 14 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES
Operator may not be held liable for defects or dysfunction of the Software and/or the Service due to (i) lack of qualification and competence on the part of the persons using it, and/or (ii) changes made by the Licensee, a third party other than Operator or not previously certified in writing by Operator, and/or (iii) software and/or equipment not supplied and installed by Operator or its authorized distributor. Operator SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA OR LOST PROFITS) PERTAINING IN ANY WAY TO THE SERVICE, OR TO ANY OF OPERATOR'S OBLIGATIONS UNDER THIS AGREEMENT, EVEN IF OPERATOR HAS BEEN MADE AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES. EXCEPT TO THE EXTENT ANY LIABILITY OF OPERATOR IS NOT CAPABLE OF BEING EXCLUDED AT LAW, NOTWITHSTANDING ANY DAMAGES THE USER MAY INCUR FOR ANY REASON WHATSOEVER, THE ENTIRE LIABILITY OF OPERATOR AND THE USER'S EXCLUSIVE REMEDY HEREUNDER SHALL BE LIMITED TO THE ACTUAL DAMAGES INCURRED BY THE USER IN REASONABLE REALIANCE ON THE SERVICE UP TO THE AMOUNT ACTUALLY PAID BY THE USER FOR THE SERVICE INCORPORATING THE SOFTWARE. THE USER ACCEPTS AND AGREES THAT ANY USE OF THE SERVICE BY THE USER IS AT ITS OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND OPERATOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY (IF ANY) IMPLIED WARRANTIES OF MERCHANTABILITY, OF NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, OF RELIABILITY, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, AND OF LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT, ALL WITH REGARD TO THE SERVICE. THE DISCLAIMER OF WARRANTIES DOES NOT LIMIT THE RIGHTS OF A CONSUMER PROVIDED BY THE MANDATORY PROVISIONS OF APPLICABLE LAW.