1. Definition of Services

DIP Ceph

The Service is a web application service provided by DentalBrain, aimed at supporting the management and cloud storage of patient information, referencing through computers or smartphones, cephalometric analysis, and assistance in treatment planning. For the development of orthodontic medical care, stored patient information will be used for research. The handling of patient information shall comply with the privacy policy stipulated in these Terms.

Service Users

Refers to those who agree to all contents of these Terms, apply for and register to use the Service, and utilize the Service.

2. Use of the Service

The functions of the Service are limited to managing, viewing, analyzing, and planning patient information, and no other functions will be provided.

Service users shall access and use the Service at their own responsibility and cost, preparing the necessary equipment and environment.

Service users shall use the Service following the security conditions and procedures specified by DentalBrain.

Service users can use certain features of the Service for free, as separately specified (here).

Service users can access certain functions and services by paying the fees specified by DentalBrain (hereinafter referred to as “Paid Options”).

3. Data Storage and Use

The amount of data that service users can store on the Service and the period during which they can view these data are limited to the functions mentioned in 2.Use of the Service , Item 4. However, by subscribing to a Paid Option, users can exceed these limits within the scope of the Paid Option.

Even after the specified viewing period, DentalBrain will retain the data stored by service users on the Service.

DentalBrain may delete data subject to viewing restrictions one year after the service user’s last login. This does not apply if the user is subscribed to a Paid Option within the designated storage capacity.

Before deleting patient data, DentalBrain will notify that the storage period is approaching.

Once data is deleted due to exceeding the storage period, it cannot be restored, even if the user later subscribes to an unlimited storage Paid Option.

If a user downgrades or cancels a Paid Option or fails to pay the option fee by the due date, resulting in stored data exceeding the new storage limit, DentalBrain will notify the user to delete the excess data and will delete the data one month after the notification to bring it within the specified capacity.

4. Cancellation by Service User

Service users can terminate their service contract at any time. Information not deleted by the user will be considered abandoned, and DentalBrain will handle it according to relevant personal information laws.

If a service user resumes using the Service after cancellation, previously deleted saved information cannot be restored.

5. Prohibited Acts

In using the Service, service users shall not engage in the following acts:

Infringing on the intellectual property rights or other rights or legal interests of third parties or DentalBrain.

Defamation or slander of third parties or DentalBrain, or actions that cause disadvantage to them.

Acts contrary to public order and morals.

Acts that violate laws, or acts that have the potential to violate laws.

Acts that are or could be connected to anti-social forces.

Acts that interfere with or disrupt the operation of the Service.

Acts that impose an excessive burden on the system infrastructure provided by DentalBrain or prepare for such acts, or unauthorized access or preparation for such acts.

Using the Service or DentalBrain’s system without following DentalBrain’s instructions.

Acts that violate or may violate these Terms.

Other acts that DentalBrain deems inappropriate for the operation and management of the Service.

6. Transfer Restrictions

Service users may not transfer or succeed their rights, obligations, or status under the service contract to third parties without the prior written consent of DentalBrain.

Service users are entirely responsible for the use and management of their authentication information and shall not allow third parties to use, lend, transfer, sell, etc., their authentication information.

The use of the Service with authentication information is considered to be performed by the service user possessing that authentication information.

DentalBrain is not responsible for any damages incurred by the service user due to the use of authentication information by third parties. If DentalBrain or third parties suffer damages due to the use of authentication information by someone other than the service user, the service user possessing that authentication information will compensate for the damages.

7. Suspension of Use and Forced Deletion of Information

DentalBrain may suspend the service user’s right to use the Service without prior notice if:

The user violates these Terms.

It is found that the registered information contains falsehoods.

The registered information, including email addresses, is deemed invalid.

DentalBrain determines that the user is not suitable to use the Service.

If a service user violates these Terms or to protect the rights or legal interests of DentalBrain or third parties, or for other necessary reasons related to the operation or management of the Service, DentalBrain may delete the user’s information stored in the system.

8. Temporary Suspension or Discontinuation of the Service

DentalBrain may temporarily suspend or discontinue the provision of the Service without notice for any reason, including but not limited to maintenance of the servers providing the Service, enhancement of functions, and ensuring the benefits of service users.

9. Non-Applicability to Medical Devices

The storage of X-ray images and the cephalometric analysis function based on service user input provided by the Service do not constitute medical acts. The Service is intended to assist service users, who are dental professionals, in managing and referencing information necessary for dental care and does not act as a substitute for or perform medical acts.

The functions provided by the Service, especially the storage of X-ray images and output of orthodontic treatment plans based on cephalometric analysis, are not considered medical devices. This Service functions as an informational tool to assist in the formulation of treatment plans by dental professionals and is not subject to the regulations or requirements applicable to medical devices.

10. Responsibility for Medical Outcomes

DentalBrain does not provide medical advice or diagnoses through the Service. The Service is intended to assist dental professionals, who are the service users, in diagnosing and planning treatment, and does not directly substitute for or conduct medical acts. Service users shall make any medical decisions related to the Service based on their professional knowledge and responsibility.

Service users shall use the Service at their own risk, and DentalBrain makes no warranties regarding the accuracy, completeness, usefulness, suitability for a particular purpose, or the absence of defects or disruptions in the Service.

When using the Service for medical acts, service users must understand the nature and limitations of the Service and are responsible for their final diagnosis and treatment plans. Any liability for the outcomes of medical acts conducted with reference to the Service lies with the service user.

11. Limitation of Liability for Data Management

The Service supports the storage and management of data by users but does not guarantee the completeness, security, or permanence of such data. DentalBrain is not liable for any damage arising from the use of the Service, including but not limited to data loss, inoperability, business interruption, or loss of profits.

Users understand and accept the risks associated with using the Service and are responsible for managing their data, including taking appropriate backups. The Service does not assume responsibility for data backup, recovery, or loss.

12. Indemnification

Service users agree that DentalBrain is not liable for any damage arising from the use or inability to use the Service, changes in the content of the Service, suspension, discontinuation, data loss, or any other events related to or resulting from the Service, except in cases of intentional misconduct or gross negligence by DentalBrain. Even if DentalBrain is found liable for any reason, it shall not be responsible for compensating consequential, indirect, special, or future damages, including lost profits, regardless of their foreseeability.

Service users shall not cause damage or disadvantage to DentalBrain or third parties through the use of the Service.

If a service user causes damage or disadvantage to DentalBrain, they shall compensate or indemnify DentalBrain for such damage (including legal fees). If DentalBrain receives a claim for damages from a third party due to the actions of a service user, the user shall compensate or indemnify DentalBrain for such damages (including legal fees).

13. Protection of Personal Information

DentalBrain will protect the registration information of users known upon registration for the Service in accordance with the “Handling of Personal Information” disclosed on the DentalBrain website and will not disclose or leak it to third parties, except with the user’s prior written consent, under legal obligations, or as otherwise stipulated by law.

14. User Communications

When service users need to contact DentalBrain regarding the Service, they should do so via email to the contact point announced on the DentalBrain app, and no other methods of contact will be accepted.

15. Intellectual Property Rights

All intellectual property rights related to the Service, including analysis methods, other service-related technologies, software, documents, brands, trademarks, copyrights, patents, know-how, and similar rights, belong to DentalBrain. Service users agree to respect these intellectual property rights and not to use, reproduce, modify, distribute, publish, or exercise any rights based on these intellectual property rights without authorization. This provision is established to protect the value and uniqueness of the Service provided by DentalBrain and to ensure appropriate management of intellectual property rights.

16. Use of Patient Information

Intellectual property rights for content created by service users through the Service belong to the users. However, DentalBrain has the right to use these contents for the improvement and enhancement of the Service. Service users consent to DentalBrain’s use of these contents, which is aimed at enhancing the efficiency and effectiveness of the Service, under strict privacy protection standards.

Service users consent to DentalBrain using patient information stored on the Service for scientific research purposes. This use aims to contribute to medical advancement and research progress and will follow strict privacy protection standards.

The Service will protect individual privacy by applying anonymization processes to the patient information used as described above. Anonymized data will only be used in a form that does not allow individual identification, ensuring strict adherence to privacy rights and data protection requirements.

17. Consent Regarding Patient Information Provision and Exemption from Medical Responsibility

When using the Service, service users must explain to the patients that their information will be used for the purposes outlined in Article 1 and that DentalBrain bears no medical responsibility towards the service user or the patient (as per 10. Responsibility for Medical Outcomes). Service users must obtain patients’ consent to provide their information to the Service under these conditions.

18. Changes to the Terms

Dental Brain may change these Terms after providing an adequate notice period. The changes will become effective immediately upon their disclosure, regardless of the method of disclosure.

19. Severability

If any provision or part of these Terms is deemed invalid under the law, the remaining provisions and parts of these Terms shall remain in effect.

20. Governing Law and Dispute Resolution

These Terms are governed by the laws of Japan. Any disputes arising between DentalBrain and the user related to the Service or these Terms shall be subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.