Terms & Conditions for the Use of the Connect Case Center Portal

These terms & conditions (hereinafter the “Connect Terms”) apply to, and constitute a part of, each agreement (each agreement hereinafter the “Agreement”) between SIRONA Dental Systems GmbH, Fabrikstraße 31, 64625 Bensheim/Germany (hereinafter “Sirona”) and the user of the Connect Case Center (hereinafter the “End User”) regarding the use of the Connect Case Center (hereinafter “Connect”). The Connect Terms are legally binding and enforceable and contain conditions, rights, obligations and limitations of Sirona and the End User regarding the use of Connect. The Connect Terms apply exclusively to entrepreneurs as defined in Sec. 14 of the German Civil Code (BGB), and not to consumers as defined in Sec. 13 BGB. The End User expressly acknowledges this fact when entering into the Agreement.

§ 1 Contractual Object and Conclusion of Contract

(1) The Connect Terms apply to the use of Connect and all services connected thereto.

(2) Sirona provides SaaS services (as defined below) via the internet in the area of data exchange and communication to the End User.

(3) The scope of the Connect Terms and the Agreement covers the provision of:

(a) Sirona’s cloud-based software (hereinafter the “Software”) for use via the Internet , and

(b) storage space on Sirona’s servers (hereinafter the “Storage Space”; the provision of the Software and the Storage Space hereinafter collectively “SaaS Services”).

(4) The Agreement between Sirona and the End User is concluded through the acceptance of a contractual offer of the End User by Sirona, as follows:

The End User places its contractual offer by clicking the button “Dentist or dental technician registration” on the website www.connectcasecenter.com and subsequently entering and submitting all required user information. Sirona will subsequently confirm receipt of the End User’s contractual offer and accepts it by sending the End User a confirmation email containing an activation link.

(5) No inconsistent and/or deviating terms & conditions of the End User shall apply. This Connect Terms apply exclusively. Sirona hereby expressly disclaims any end user claims regarding their own terms & conditions, or references to them.

(6) In case the Software is connected to other online portals or services (hereinafter collectively “Other Portals” (in particular, but not limited to, Invisalign® (Align Technology, Inc.) Suresmile, Dentsply Sirona Implants, Google Maps)), the terms & conditions and privacy guidelines of the respective provider of the Other Portal applies to the use of such Other Portals.

§ 2 Provision of the Software

(1) Sirona provides the current version of the Software to the End User via the Internet for the duration of the Agreement. For this purpose, Sirona installs the Software on a server that the End User can access via the Internet.

(2) The current functionality of the Software is described in the current performance description (hereinafter the “Performance Description”) to be found on the website www.dentsplysirona.com under https://manuals.sirona.com/.

(3) Sirona shall promptly rectify all software errors within its technical abilities. A software error is present when the software functions as indicated in the Performance Description either do not meet the description, or they do not properly function in some other way, so that the Software cannot be used at all or only with limitations.

(4) Sirona constantly improves the Software through continuous updates and upgrades. The End User is informed via push notifications about optional/obligatory software installations.

§ 3 Intellectual Property / Rights of Use to the Software

(1)  Sirona expressly reserves all the intellectual property rights to the Software, including all copyrights, patents, operation and business secrets, know-how, trademarks and any other intellectual property rights.

(2) Sirona grants the End User the non-exclusive, non-transferrable and non-sublicensable right to use the Software for the duration of the Agreement within the framework of the SaaS Services as intended in connection with the activities of the End User for a number of workplaces to be individually agreed upon between Sirona and the End User.

(3) The End User may not modify the Software.

(4) The End User may only copy the Software in as far as this is covered by the intended use of the Software as determined in the Performance Description. Necessary copying includes loading the Software into the main memory on Sirona’s server, but not the installation or storage of the Software on data carriers (in particular, but not limited to, hard drives or similar) of the hardware used by the End User, not even temporarily.

(5) The End User is not allowed to make the Software available to third parties for use, with or without payment.

(6) The Software may neither be decompiled (i.e. recompiled into the source code) without express written permission by Sirona.

§ 4 Provision of the Storage Space

(1) Sirona assigns the End User a defined Storage Space on the server for saving data from the sphere of responsibility of the End User. The End User may store data on this server for a limited amount of time. Should the Storage Space for storing such data become insufficient, Sirona shall notify the End User. The End User can request additional Storage Space from Sirona, if available and under a corresponding agreement.

(2) Sirona ensures that the stored data can be retrieved via the Internet for approximately ninety (90) days.

(3) The end user is not authorized to make the Storage Space available to a third party, whether partly or in full, with or without payment.

(4) Sirona is obliged to take suitable precautions against data loss and to prevent unauthorized third-party access to the data of the End User.

(5) In all cases, the End User remains the sole owner of its data (e.g. digital impressions) and therefore may at any time request the release of any or all such data.

(6) Upon termination of the Agreement, Sirona shall promptly release all data posted to the  respective Storage Space, unless Sirona is required by law to further store such data.

(7) Depending on the End User’s preference, such data are released either by the transfer of data carriers or by transmission via a data network.

(8) Should the data provided by the End User be considered personal data according to the GDPR (General Data Protection Regulation), special additional regulations apply to these personal data; see § 10 of these Connect Terms.

§ 5 Support

Sirona shall answer end user inquiries regarding the use of the Software during the hours of operation stated on its website, www.dentsplysirona.com. Any custom support requested shall be offered according to the hourly rates as posted by Sirona.

§ 6 Interruption/Impairment of Accessibility

(1) Amendments, supplements and additions to the SaaS Services, as well as measures which serve to determine and eliminate malfunctions, may cause temporary interruption or impairment of accessibility.

(2) In case of severe malfunctions - the use of the SaaS Services may not be accessible or is severely limited - maintenance shall be provided as quickly as possible, generally within 24 hours from the time of awareness or notification by the End User. Sirona shall promptly notify the End User of the maintenance and conduct it within the shortest possible timeframe.
Should the repair not be possible within 48 hours, Sirona shall inform the End User of this situation via email within 24 hours after expiry of the aforementioned timeframe, specifying the reasons and the timeframe within which the repair will likely be concluded.

(3) On average, the SaaS Services are available 98% of the year, including maintenance downtime.

§ 7 End User Obligations

(1) The End User covenants not to post data in the Storage Space that are illegal, violate laws and regulatory requirements or the rights of others.

(2) The End User is required to take reasonable precautions to prevent unauthorized third-party access to the Software. For this purpose, the End User shall inform his employees, to the necessary extent, about compliance with the copyright law.

(3) The End User is responsible for entry and maintenance of the data necessary for the use of the SaaS Services.

(4) The End User is required to check their data for viruses or other harmful components and employ state-of-the-art virus protection technology prior to their entry.

(5) The End User creates a “User ID” and password to gain access to the use of the SaaS Services. The End User is obliged to keep the “User ID” and password confidential and to ensure that this information is inaccessible to third parties.

(6) The data posted to the designated Storage Space by the End User may be copyrighted or protected under data protection law. The End User grants Sirona the right to make accessible, in particular, but not limited, to copy and transmit, the contents posted to the server upon request by the End User for this purpose, as well as to copy them for the purpose of data backups.

(7) The End User has familiarized itself with the essential functional features, system requirements and operating conditions of Connect and assumes the risk of whether this corresponds to its needs and wants. To this end, the Connect user manual has also been made available to the end user.

§ 8 Warranty/Liability

(1) In principle, statutory warranty provisions apply.

(2) Sirona makes no guarantees regarding the SaaS Services.

(3) If a third party raises any claims against the End User in connection with the infringement of proprietary rights, the End User shall promptly inform Sirona and conduct legal disputes only in agreement with Sirona.

(4) In the event that unauthorized third parties avail themselves of the SaaS Services by using the login information of the End User, the End User shall be liable for fees incurred within the scope of civil liability until receipt of the End User’s request to change the login information, or its report of loss or theft, in so far as the End User is at fault regarding the unauthorized third party access.

(5) Sirona is entitled to immediately lock an End User’s Storage Space provided there are reasonable grounds for suspecting that the stored data is unlawful and/or may infringe third-party rights. Reasonable grounds for suspecting unlawfulness and/or infringement exist in particular, but not limited to, if courts, authorities and/or other third parties have informed Sirona of such a potential situation. Sirona shall promptly inform the End User of the lockdown and the reason for it. The lockdown shall be removed if the suspicion is invalidated.

(6) Sirona shall be liable for damages to the End User (i) if caused intentionally by Sirona or as a result of Sirona’s gross negligence, (ii) which are a result of the absence of a guaranteed condition, (iii) which are due to a culpable breach of fundamental contractual duties, (iv) which are a consequence of a culpable injury to health, body, or life, or (v) in the case of liability under the German Product Liability Act (ProdHaftG), in accordance with statutory provisions. Apart from that, any liability by Sirona is excluded.

(7) Sirona shall not be liable for the loss of data if such loss is due to the End User failing to backup its data.

§ 9 Term

The Agreement is entered into for an indefinite period of time. The contractual relationship begins with the End User’s registration and can be terminated by either party at any time. The End User may terminate the Agreement by utilizing the “Disable account” function inside the personal account of the End User.

§ 10 Data Protection/Confidentiality

(1) The end user is responsible for the personal client data transmitted via Connect according to the statutory stipulations of the German Federal Data Protection Act and the GDPR, in particular for such customer information as specified in Art. 13 GDPR and if applicable, patient health information pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), and the Health Information Technology for Economic and Clinical Health Act (“HITECH”), if applicable, for obtaining the appropriate consent. If the end user has no direct contact with the patient, the end user is responsible for ensuring that its client informs the patient accordingly. Sirona states explicitly that data which is transmitted via Connect (e.g.,  X-ray data) is to be classified as protected health data within the meaning of Art. 9 of the GDPR. Processing such protected health data, including its transmission, requires express consent of the client or patient. The end user is responsible for ensuring that the appropriate safeguards as outlined in Art. 32 (1) GDPR, especially pseudonymization or encryption, are applied for the transmission and storage of special categories of personal data as defined in Art. 9 (1) GDPR.

(2) Sirona processes personal data exclusively for the performance of this agreement (Art. 6 Par. 1 Clause 1b GDPR) and makes such data available to third parties only for the performance of this Agreement, if needed (e.g. passing on the address of an end user who has purchased a product to a delivery company). Apart from that, no personal data transmitted via the SaaS services are provided to subcontractors. Sirona has implemented the necessary technical and organizational measures to protect personal data as required by Art. 32 GDPR. If needed, Sirona will provide support to the end user in the fulfillment of its statutory obligations according to Chapter 3 of the GDPR (Rights of the data subjects) as well as in the fulfilment of the statutory obligations according to Art. 32-36 GDPR.

(3) Sirona points out that the registered dental laboratories within the scope of the search function are visible to all registered dentists as end users within the scope of the search function.

(4) The privacy statement of DENTSPLY SIRONA Inc., available at https://www.dentsplysirona.com/privacy-policy The privacy statement  includes in particular the rights of affected individuals of the end user from a data protection point of view. Dentsply Sirona warrants the secure processing of personal data according to the specifications of Art. 32 GDPR.

(5) Sirona commits to maintaining secrecy in all confidential information that becomes known to Sirona in connection with the preparation, implementation and fulfillment of this Agreement and to neither divulge such information nor use them for any other purpose. This applies to all unauthorized third parties, including unauthorized employees of either Sirona or the end user, provided sharing this information is not needed for the proper fulfillment of the obligations contained herein. In case of doubt, Sirona will obtain the approval of  the end user before any such sharing takes place.

(6) The parties agree that Sirona may collect non-personal data (e.g. number of orders, number of users, software used) for statistical evaluation.

§ 11 Applicable Law, Place of Jurisdiction

(1) The Agreement is governed by German law, excluding the UN Sales Convention.

(2) Darmstadt, Germany shall be the sole place of jurisdiction for disputes resulting from this contract.

§ 12 Final Provisions

(1) The Agreement, including and together with any related exhibits, schedules or other attachments, constitutes the sole and entire agreement of the parties with respect to the subject matter contained herein and therein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. Amendments, supplements and additions of the Agreement shall only be valid if explicitly agreed in writing by both parties. This includes any modifications to this contractual provision.

(2) Should a provision of this agreement prove to be or become void, this shall not affect the remaining provisions of the agreement. The ineffective provision is considered replaced by one that comes closest to the economic purpose of the ineffective clause. The same provision shall apply for any gap in this agreement.

(3) The End User may not assign any of its rights or delegate any of its obligations under the Agreement without the prior written consent of Sirona.