DENTAL SPACE ONE Service Terms and Conditions

The terms of service provision by Dental Space One service ("Agreement"), the corresponding Order Form ("Order"), concluded between the Client and Dental Space One, as well as other documents referenced in the Agreement, constitute a single contract and establish the conditions under which the Client may access the platform located at https://dsone.com.ua/ ("Website"), order and use the Subscription and other services ("Services", as described below) provided by Dental Space One, LLC. This Agreement is a public accession agreement between Dental Space One, LLC and such users (Clients).

The effective date of the Agreement is the first date when the Client accepts this Agreement through the Website or creates their account on the site. The User agrees to comply with the terms of this Agreement by accepting this Agreement through the Electronic Cabinet created by the Client on the Website; by using the Services or accessing the Website through any browser and from any device. If a representative, employee, or agent of the Client enters into the Agreement on behalf of the Client, this person represents and warrants that they are an authorized representative (designated employee, agent, or designated representative) of the Client to undertake obligations on behalf of the Client under the Agreement, and they agree to this Agreement on behalf of the Client. Accordingly, the term "Client" also includes all representatives, employees, and agents of the Client who participate in the performance of the Agreement and use of Services on the Client's side.

1. WEBSITE USE

1. Only a legally capable person who has reached the age of 18 may access and use the Website. As soon as a person accesses the Website, any informational materials on it, this person confirms and warrants that they have full legal capacity and have reached the age of 18.

2. In order to optimize the use of the Site, we distinguish between cases when a person accesses the Website as a user and as a Client:

3. User - is a person acting on their own behalf or representing a legal entity who accesses and uses the Website as a regular internet user, mainly for informational purposes and without creating an Account. Users may submit an application to create an Account and familiarize themselves with legal documents posted on the Website; Users may have access to the Client's cabinet with their permission.

4. Client - an individual or legal entity, represented by themselves or another individual or legal entity, who has created an Electronic Cabinet and orders the use of or uses the Website features and Services. The Client may log in and use and manage their Electronic Cabinet, use Website features, apply for a trial subscription, renew the Subscription, and perform other actions permitted by the Agreement.

5. The Client does not lose User status while being a Client; accordingly, all conditions applicable to the User automatically apply to the Client, unless otherwise provided by the relevant Order or Agreement.

2. ELECTRONIC CABINET

1. To create an Electronic Cabinet, the user must submit an application to create an electronic cabinet through the Website.

2. Each user accepts the following registration rules:

2.1. During registration, the user is obliged to provide only accurate information about themselves and not use data of third parties without the permission of these persons. Providing inaccurate/false information during registration or use of the Website/Application may affect the quality of the experience of using the Website, Application and Services and become a reason for refusal to register the Account or its blocking.

2.2. User (Client) data, such as email address, phone number, or other contact information, must be unique. This means that no user has ever used such data to register on the Website.

2.3. The Client is obliged to keep up-to-date all data specified by the Client during registration or which were specified in the Account during use of the Website and Application. Each user bears sole responsibility and bears all risks associated with specifying incorrect or outdated data.

2.4. During registration, the user selects a password for authorization. The password must be secure and prevent third parties from accessing the user's electronic record. The user independently bears responsibility for the reliability of the password, its storage, and inaccessibility to third parties.

2.5. All actions performed in the User's Electronic Cabinet or through it are considered to have been performed by this user.

3. The Client bears sole responsibility for storing passwords for access to the Electronic Cabinet. Dental Space One, LLC does not have access to the Client's access credentials and is not responsible for third-party access to such data.

3. SUBSCRIPTION AND PAYMENT TERMS

3.1. The fee for services specified in this Agreement includes registration on the Website and use of the Electronic Cabinet and depends on the number of orders entered into the Client's Electronic Cabinet, and is paid by the Client in the amount for each order in the Client's Electronic Cabinet in the amount of 1 US dollar (in hryvnia equivalent at the official foreign currency selling rate on the date of invoice payment).

3.2. The Website is a software product in the form of an information-analytical online platform for dental laboratories, containing functionality and algorithms that allow Clients to record and store information about interaction with the Client's consumers (dental technicians, medical institutions, doctors, etc.) and optimize business operations and production processes of the Client in accordance with the functionality of the Website.

3.3. Free subscription and use of the Electronic Cabinet is provided for 14 calendar days.

3.3.1. Professional subscription. Subject to timely payment by the Client of all applicable fees for Services and compliance with this Agreement, Dental Space One, LLC provides the Client with the opportunity to use the Electronic Cabinet, which allows the Client to access and use the following features: storing images in original quality, storing orders for dental work of the Client from its consumers, which allows optimizing production processes and service indicators.

3.4. Since some of the Services depend on the Client's compliance with obligations specified in this Agreement, the Client's failure to fulfill obligations under this Agreement or obligations reasonably requested by Dental Space One, LLC may prevent or delay the fulfillment of Dental Space One, LLC's obligations under this Agreement.

3.5. Dental Space One, LLC reserves the right at any time to change or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. The Client agrees that Dental Space One, LLC is not liable to the Client or any third party for any changes, suspension, or discontinuation of the Services.

3.6. All applicable fees, commissions, and deductions related to the transfer of amounts specified in or in connection with the Agreement, including but not limited to fees and commissions of financial institutions, including banks, payment systems, etc. ("Commission Fee"), are paid by the Client.

3.7. If the Client can make payment using a credit or any other type of bank card:

3.7.1. In some cases, the proper payment may be increased by the amount of the credit card commission, as specified in the Order.

3.7.2. The Client may schedule automatic initiation of payments in a fixed amount according to the Subscription Term and billing terms specified in the relevant Order ("Recurring Payment"). Recurring Payment will be automatically debited from your bank card in the method you chose at the recurring intervals you selected until the end of the Subscription Term or its termination in accordance with this Agreement. By allowing recurring payment, you authorize payment systems to process such payments as debits from the specified card account. To avoid misunderstandings, the Client acknowledges and declares that: Recurring Payment is an automatic payment charged by the relevant payment system in favor of Dental Space One, LLC as payment for Services; once debited, such payment is non-refundable; the Client may change the payment method from Recurring Payment to invoice payment.

3.7.3. If the relevant financial institution does not debit funds from the Client's bank card due to lack of money, its invalidity, or for any other reason, the Client retains access to the Website but may not be able to use the Electronic Cabinet features.

4. CLIENT CONTENT AND PERSONAL DATA PRIVACY

4.1. When using the Electronic Cabinet, the Client may upload images, photos, background images, company names, fonts, graphics, text, audio, video files, news, documents, and other content, which may also include personal information of the Client's personnel, consumers, visitors, etc. In the relationship between Dental Space One, LLC and the Client, all rights, ownership, and interest in the Client Content belong to and remain exclusively with the Client.

4.2. By the date of starting work with the Electronic Cabinet, the Client must comply with all applicable laws on technical measures and personal data, including complying with the personal data collection mechanism, which may include:

4.2.1. Implementation of a consent mechanism as required by applicable data privacy legislation.

4.2.2. Publishing, posting, or otherwise providing a privacy policy/notice/notification regarding personal data online in accordance with data privacy laws.

4.2.3. Compliance with other legal requirements of laws applicable to the Client and relevant personal data subjects.

4.3. We have implemented and will maintain and comply with appropriate technical and organizational measures aimed at protecting information from accidental, unauthorized, or illegal access, disclosure, damage, alteration, loss, or destruction. The Client warrants that all information provided is current and accurate. In addition to the relevant terms of the Data Processing Agreement, the following conditions apply:

4.3.1. Dental Space One, LLC acts as the data processor of the Client's Electronic Cabinet, and the Client is the controller.

4.3.2. Dental Space One, LLC may, at the Client's instruction provided including through the Website, or in accordance with applicable law, transfer the Client's Electronic Cabinet data to third parties.

4.3.3. If Dental Space One, LLC becomes aware of any illegal access to any Client data, or unauthorized access to such equipment resulting in loss, disclosure, or alteration of Client data, Dental Space One, LLC without undue delay (provided that such notification may be delayed at the request of law enforcement) will take commercially reasonable steps to fulfill its obligations under data privacy laws.

4.4. To the extent that Dental Space One, LLC receives personal data from the Client subject to applicable data privacy laws, Dental Space One, LLC confirms that it understands and will comply with its obligations as a data processor under applicable data privacy laws and will not use or disclose such data otherwise than for the specific business purposes of providing Services to the Client as specified in this Agreement or otherwise permitted by applicable data privacy laws. The Client is responsible for ensuring its compliance with data privacy legislation when using the Services and Website, as well as for its own processing of personal data.

4.5. Since Dental Space One, LLC is not required to verify the admissibility of Client Content, the Client is always responsible for such content and must not upload, post, display, or transmit any prohibited materials, including anything that interferes with or disrupts the operation of the Website or its functioning as a result of their uploading or transmission; statements or materials that defame, harass, offend, threaten, intimidate, or in any way violate the rights of others; unauthorized copyrighted materials or any other content that infringes intellectual property rights, trade secrets, or privacy of others; statements or materials that violate other contractual or fiduciary rights, duties, or agreements; statements or materials that are fanatical, hateful, or offensive; statements or materials that encourage criminal behavior or entail civil liability, or otherwise violate any law or regulation in any jurisdiction; statements or materials that constitute anti-competitive cooperation and/or violation of antitrust law; statements or materials containing vulgar, obscene, profane, or otherwise unacceptable expressions or images that are generally considered socially unacceptable, unprofessional, or inappropriate; obscenities, pornography, explicitly sexual content, political statements or materials, statements or materials regarding gambling, betting, etc.; statements or materials that harm minors ("Prohibited Content").

4.6. To avoid misunderstandings, the Client represents and warrants that they have all rights and permissions necessary to display and distribute Client Content. Use of Prohibited Content is prohibited. The Client additionally represents and warrants that Client Content:

4.6.1. Is accurate and does not violate the Order and Agreement.

4.6.2. Does not harm any individual or legal entity and does not violate property rights and other rights of third parties.

4.6.3. Complies (including the method of processing Client Content by the Client) with all applicable laws and regulations.

4.6.4. Does not infringe, misappropriate, or otherwise terminate any copyrights, patents, trademarks, service marks, trade secrets, or other intellectual property rights of any third party; does not violate the rights of any individual or legal entity, including the right to public use and privacy, and is not defamatory, does not lead to consumer fraud (including false or misleading behavior), disclaimer of product quality, tort, breach of contract, injury, damage, or loss to any individual or legal entity.

4.7. Dental Space One, LLC reserves the right to remove and reject any Client Content in connection with untimely payment by the Client of any Payments for Services and amounts (if any) under this Agreement or in connection with violation of the Order or Agreement.

5. INTELLECTUAL PROPERTY

5.1. Since the Services include a Subscription to the Website:

5.1.1. The Client may use the Website and Application in accordance with the scope of the license granted to the Client. Accordingly, as part of the Services and subject to timely payment by the Client of the Service Fee, Dental Space One, LLC grants the Client, its authorized employees, agents, and independent contractors (participating in the performance of the Agreement and use of Services on the Client's side) a personal, non-exclusive, non-sublicensable, non-transferable license limited by methods of use for access and use of the Website during the Subscription Term and exclusively for the Client's business activities in the manner permitted by the Agreement, and subject to the usage restrictions described here. Any other use of the Website by the Client or any individual/legal entity is strictly prohibited and constitutes a violation of the Agreement, unless otherwise expressly agreed by the Parties.

5.1.2. Dental Space One, LLC is not responsible for any damage that the Client may suffer due to someone else using the Client's login credentials, with or without the Client's knowledge.

5.1.3. The Website and its content, including informational materials, their appearance (e.g., text, graphics, images, logos), information and other materials, are protected by copyright, trademark, and intellectual property regimes. Users are not allowed to use any informational materials or appearance of the Website.

5.1.4. Users have no right to reproduce, duplicate, copy, sell or resell, or use for commercial purposes the Website and any informational materials posted on the Site.

5.1.5. Users acknowledge and undertake to comply with the following restrictions:

5.1.6. When using the Website, the user must not use any mechanisms, software, or scripts that directly or indirectly interact with the Website and Application, and access to which has not been provided to the user under the Agreement or our express permission.

5.1.7. The Client must not violate electronic integrity, duplicate, decompile, reverse engineer, disassemble, or decode the Website.

5.1.8. The user undertakes not to create technical obstacles to the functioning of the Website, as well as in any way duplicate the actions of the Website.

5.1.9. The user has no right to download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works, or offer for sale any information contained on or obtained from or through the Website or any parts thereof.

5.1.10. The user must not use the Website for illegal, unethical purposes.

5.1.11. The user must not violate any applicable laws or regulations in connection with the use of the Website.

6. CONFIDENTIALITY

6.1. "Confidential Information" means information disclosed under this Agreement that is marked by the disclosing party as proprietary or confidential or which should reasonably be understood as proprietary or confidential by virtue of its nature and circumstances of its disclosure. Confidential Information includes the provisions and conditions of this Agreement and Order, any technical information or information about the performance of the Services and Website. The obligations regarding confidentiality of this Agreement are valid during the term of the Agreement and two (2) years after its termination.

6.2. As a receiving party, each party must maintain confidentiality and not disclose Confidential Information to third parties, except as permitted by this Agreement, and use Confidential Information only to fulfill its obligations and exercise its rights under this Agreement. The recipient may disclose Confidential Information to its employees, agents, contractors, and other representatives who have a legitimate need for such information, provided that it, as before, is responsible for their compliance with this Article 7, and they are bound by confidentiality obligations no less stringent than under this article. The recipient may disclose Confidential Information if required by law, court order, or court decision, provided (if permitted by law) that it notifies the disclosing party in advance and cooperates to ensure confidentiality.

6.3. These confidentiality obligations do not apply to information (when the receiving party can document this) that is or becomes publicly available through no fault of the receiving party, the party lawfully knew or possessed before receiving under this Agreement, the receiving party lawfully received from a third party without violating confidentiality obligations, or such information was developed by the receiving party independently and without using Confidential Information.

6.4. Unauthorized use or disclosure of Confidential Information may cause material harm, compensation for which alone is an insufficient legal remedy. Each party may seek appropriate equitable relief in addition to other available remedies in case of breach or threat of breach of this Agreement.

6.5. The User consents to the processing of personal data, the purpose of which is to provide information support for the provision of medical and related services to the Client's patients, including medical data, through the User's and Client's use of the technical capabilities of the Website's electronic service, in particular maintaining electronic medical data of patients, processing and storing stages of medical examination, inspection and design of orthopedic structures, planning stages of orthopedic treatment and reproducing their results, analyzing results and/or correcting planned orthopedic interventions. Processing of personal data is carried out to improve the quality of medical and related services.

7. INDEMNIFICATION

7.1. The Client must indemnify (including settlement costs and reasonable attorney fees) from any third-party claims or demands arising from:

7.1.1. The Client's use of Services.

7.1.2. The Client's violation of the Agreement.

7.1.3. The Client's violation of applicable law or any third-party rights (including intellectual property rights, property, privacy, or privacy rights).

7.1.4. Client Content or any other data provided by the Client under the Services.

7.2. Dental Space One, LLC undertakes to indemnify damages arising in connection with:

7.2.1. Violation of the Agreement.

7.2.2. Third-party copyright claims caused by the Client's use of the Site/Application in accordance with this Agreement.

8. TERM OF AGREEMENT

8.1. This Agreement is valid as long as the Client uses the Services, but not less than until the end of the Subscription Term. The Subscription Term cannot be terminated by the Client early.

8.2. Dental Space One, LLC may suspend or terminate the Client's access to or use of the Services, Website, and remove the Client's account for the Client's violation of this Agreement or if Dental Space One, LLC believes that the Client defames the business reputation of Dental Space One, LLC. The Client acknowledges and agrees that after Dental Space One, LLC removes the Client's account, all Client Content as well as data about the Services may be deleted or lost and are not subject to recovery. In case of suspension/termination of access, the Service Fee and other amounts (if any) under this Agreement and Order are non-refundable.

8.3. Expiration of the Agreement, Order, or Subscription Term for recurring payment results in termination of access to Website features. Nevertheless, the Client may use the Website as a User. At the same time, the Client does not lose access to the Electronic Cabinet and data stored in it.

8.4. If any part of this Agreement is found to be invalid or unenforceable, such invalidity or unenforceability will not affect other provisions of this Agreement, which will remain in full force and effect, and the invalid or unenforceable part will be enforced to the maximum extent possible.

9. OTHER PROVISIONS

9.1. This Agreement is an integral part of all Orders concluded by the Parties. All terms of the Agreement are included in the Orders by reference to the Agreement. All preambles to this Agreement and all other documents referenced by the Agreement are an integral part of the Agreement and relevant documents. The Agreement is a complete contract between the Parties. Reference to the Agreement means reference to any and all its integral parts. This version of the Agreement supersedes any other agreements of the Parties regarding the subject of the Agreement, as well as all previous versions of the Agreement. If any provision of this Agreement (article or provision of such article) is found to be invalid, this does not affect other provisions of the Agreement and must be changed, edited, or interpreted in such a way that it has the most relevant meaning for the purposes of the Agreement.

9.2. Until the Agreement is included in the Order, the Agreement is an electronic contract. The electronic form of this Agreement, accepted by the user or Client as indicated in the preamble of the Agreement, has the same legal force as if it were signed using a physical signature.

9.3. From time to time we may change this Agreement. Any changed terms automatically take effect ten (10) days after publication on the Website. Your access to the Website and use of Services after the effective date of any changes to this Agreement will mean your consent to this Agreement as amended. You agree that the updated version posted on the Site is considered adequate notice of the changes made.

9.4. Nothing in this document is intended to establish any form of partnership, employment, or joint venture between the Parties. The Parties are not related in any way.