Article 3 (Data Storage and Usage)

1. The storage capacity for data saved by the Service User on the Service, and the period during which such data can be viewed, shall be limited to the scope set forth in Article 2(4). However, by subscribing to Paid Options, the Service User may exceed these limits within the scope prescribed by those Paid Options.

2. Even if the prescribed viewing period for the patient data stored by the Service User on the Service has expired, DentalBrain shall continue to store such data.

3. For data subject to the viewing restrictions in the preceding paragraph, if one year has passed since the Service User’s last login, DentalBrain may delete such data. However, this shall not apply if the Service User remains subscribed to a Paid Option covering that data within the specified storage capacity.

4. If DentalBrain intends to delete patient data under the preceding paragraph, DentalBrain shall notify the Service User in advance that the data’s storage period is nearing expiration.

5. If data is deleted due to the expiration of the storage period, such data cannot be recovered under any circumstances, even if the Service User later subscribes to a Paid Option allowing indefinite data storage.

6. If the Service User has expanded storage capacity through a Paid Option and subsequently cancels or downgrades that option—or fails to pay the option fee by the designated due date—and the stored data exceeds the newly reduced storage limit, DentalBrain shall notify the Service User regarding the need to remove the excess data. One month after this notification, DentalBrain may delete the data exceeding the specified capacity.

7. If the unpaid status for the Paid Options is not resolved within one month, the Service shall automatically be downgraded to the free plan, and DentalBrain may randomly delete any data exceeding the limits of the free plan.

8. DentalBrain assumes no liability for any damages arising from the deletion of data caused by unpaid fees, including but not limited to lost business opportunities or data recovery costs.

Article 4 (Cancellation by the Service User)

1. The Service User may cancel the Service agreement at any time. Any saved information that the Service User does not delete prior to cancellation shall be deemed relinquished by the Service User. DentalBrain shall handle such information in accordance with relevant laws and regulations concerning personal information.

2. If the Service User resumes use of the Service after cancellation, any previously deleted data cannot be restored.

3. If the Service User cancels the Paid Option contract, no prorated refund shall be made, even if the contract period has not yet expired. The Service User shall bear the usage fees up to the time of cancellation.

Article 5 (Prohibited Acts)

In using the Service, the Service User shall not engage in any of the following acts:

1. Infringement of third-party or DentalBrain copyrights, intellectual property rights, or other rights or legal interests.

2. Defamation or slander of third parties or DentalBrain, or any act that causes detriment or harm to third parties or DentalBrain.

3. Acts contrary to public order and morals.

4. Acts in violation of, or that may violate, laws or regulations.

5. Acts that are connected to, or that may be connected to, anti-social forces.

6. Acts that interfere with or disrupt the Service.

7. Acts that place an excessive load on DentalBrain’s system infrastructure or constitute unauthorized access, or any preparations for such acts.

8. Use of the Service or DentalBrain’s systems in a manner contrary to DentalBrain’s instructions.

9. Acts that violate or may violate these Terms.

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

Article 6 (Restrictions on Assignment)

1. The Service User shall not assign or transfer its contractual status for using the Service, or any rights or obligations under these Terms, to a third party without DentalBrain’s prior written consent.

2. The Service User shall be fully responsible for the use and management of all authentication credentials. The Service User shall not allow any third party to use these credentials or lend, transfer, or sell them.

3. Any use of the Service made with a given set of authentication credentials shall be deemed to have been made by the Service User holding those credentials.

4. DentalBrain shall bear no responsibility for any damages suffered by the Service User due to unauthorized use of the Service User’s authentication credentials by a third party, regardless of the cause. If such unauthorized use causes damages to DentalBrain or any third party, the Service User shall be liable to compensate for those damages.

Article 7 (Suspension of Use and Forced Deletion of Information)

1. DentalBrain may, without prior notice, suspend the Service User’s right to use the Service if any of the following circumstances apply:

1. The Service User violates these Terms.

2. It is found that there are false statements in the registration details.

3. The registered information, including the email address, is determined to be invalid.

4. DentalBrain determines that the Service User is not suitable to use the Service.

2. If the Service User violates these Terms, or if it is necessary to protect the rights or legal interests of DentalBrain or any third party, or for other operational or administrative reasons, DentalBrain may delete the Service User’s information stored in the system.

Article 8 (Temporary Suspension or Discontinuation of the Service)

1. DentalBrain may temporarily suspend use of the Service or discontinue the Service at any time, without notice, for any reason (including server maintenance, functional improvement, or to safeguard the interests of the Service User, but not limited to such reasons).

2. If DentalBrain deems it necessary due to legal compliance or other reasons, it may change the content or features of the Service, or suspend or discontinue the Service. The Service User agrees to such changes or suspension/discontinuation. DentalBrain shall not be liable for any damages incurred by the Service User as a result, including but not limited to lost business opportunities or data recovery costs.

Article 9 (Non-Applicability as a Medical Device)

1. The storage of X-ray images and the cephalometric analysis feature based on information input by the Service User, as provided by the Service, do not constitute medical acts. The Service is intended to support the management and reference of information necessary for dental care by the Service User but does not replace or perform actual medical acts.

2. In particular, with regard to storing X-ray images and outputting orthodontic treatment plans based on cephalometric analyses, the Service is not classified as a medical device. The Service functions as an informational tool to support the formulation of treatment plans by the Service User (a dental professional), and thus does not fall under any medical-device-related regulations or requirements.

Article 10 (Responsibility for Medical Outcomes)

1. DentalBrain does not provide medical advice or diagnosis through the Service. The Service merely assists the dental professional (Service User) in diagnosing or formulating treatment plans, and does not replace or perform any direct medical act. The Service User shall make all medical decisions related to the Service based on their own professional judgment and responsibility.

2. The Service User shall use the Service at their own responsibility, and DentalBrain makes no warranties of any kind regarding the accuracy, completeness, usefulness, or fitness for the Service User’s specific purpose, nor that the Service is free from defects or malfunctions. DentalBrain disclaims all such warranties.

3. If the Service User uses the Service in medical practice, the Service User shall understand the nature and limitations of the Service (as set forth in the preceding paragraphs) and shall make the final decision on diagnosis and treatment planning based on their own professional judgment and responsibility. The Service User assumes responsibility for any consequences arising from medical treatments carried out in reference to the Service.

Article 11 (Limitation of Liability Regarding Data Management)

1. While the Service supports the storage and management of data by the Service User, it does not guarantee the completeness, security, or permanence of such data. DentalBrain shall not be liable for any damages arising from the use of the Service, including the loss or inaccessibility of data, business interruptions, or lost profits.

2. The Service User understands and accepts the risks associated with using the Service. The Service User shall manage their data at their own responsibility, including taking appropriate backups of important data. DentalBrain assumes no responsibility for data backup, data recovery, or any losses resulting therefrom.

Article 12 (Damages)

1. The Service User agrees that DentalBrain shall bear no liability for any damages arising from or related to the use or inability to use the Service, changes to the Service’s content, the suspension or termination of the Service, the loss of data, or any other matter related to the Service, unless DentalBrain has acted with willful misconduct or gross negligence. Even if DentalBrain is found liable for any reason, DentalBrain shall not be liable for incidental, indirect, and special damages (regardless of foreseeability) or any other form of consequential or future damages, including lost profits.

2. The Service User shall not cause any damage or disadvantage to DentalBrain or any third party through the use of the Service.

3. If the Service User, through use of the Service, causes any damage or disadvantage to DentalBrain (including attorney’s fees) or to any third party, the Service User shall indemnify and compensate DentalBrain for such damage or disadvantage. Further, if DentalBrain incurs any claim for damages from a third party due to the Service User’s act or omission, the Service User shall indemnify DentalBrain (including covering attorney’s fees).

4. If a dispute arises between the Service User and a third party, or if the Service User causes damage to a third party through use of the Service, the Service User shall resolve such dispute or compensate such damage at their own expense and responsibility.

Article 13 (Protection of Personal Information)

1. DentalBrain shall protect the registration information of Service Users obtained through the Service in accordance with the “Handling of Personal Information” published on the DentalBrain website, and shall not disclose or leak such information to third parties.

2. However, this restriction shall not apply if disclosure is made with the prior written consent of the Service User, if disclosure is requested by national or local authorities, or in any other cases stipulated by law.

Article 14 (Communication from Users)

If the Service User needs to contact DentalBrain regarding the Service, such communication shall be made via email to the contact point announced within the DentalBrain application. Communications via methods other than those designated by DentalBrain shall not be accepted.

Article 15 (Intellectual Property Rights)

All intellectual property rights related to the Service, including analytical methodologies, software, documents, brands, trademarks, copyrights, patents, know-how, or any similar rights, belong solely to DentalBrain. The Service User agrees not to use, reproduce, modify, distribute, publish, or otherwise exercise these intellectual property rights without permission. This provision protects the value and uniqueness of the Service provided by DentalBrain and ensures the proper management of its intellectual property rights.

Article 16 (Use of Patient Information)

1. The intellectual property rights to any content created by the Service User through the Service belong to the Service User. However, DentalBrain shall have the right to use such content for the purpose of improving and enhancing the Service’s functionality. The Service User acknowledges and agrees to this usage. Handling of patient information shall comply with strict privacy protection standards.

2. The Service User agrees that patient information saved on the Service may be used by DentalBrain for scientific research purposes, aimed at advancing medical science and research, and subject to strict privacy protection standards.

3. In using patient information pursuant to the preceding paragraphs, the Service shall process such information in an anonymized format to protect personal privacy. Anonymized data shall be used in a manner that does not allow individuals to be identified, ensuring patients’ privacy rights and data protection requirements.

Article 17 (Consent Regarding Patient Information Provision and Medical Responsibility)

To use the Service, the Service User must, as a condition of providing any patient’s information to the Service, explain to the patient in advance (i) that the patient’s information will be used for the purposes stated in Article 1, and (ii) that DentalBrain assumes no medical responsibility toward either the Service User or the patient (as set forth in Article 10). The Service User shall obtain the patient’s consent before providing such information to the Service.

Article 18 (Modification of the Terms)

DentalBrain may modify these Terms after providing a reasonable notice period. Such modifications shall become effective and immediately applicable upon publication, regardless of the method used to publish the changed content.

Article 19 (Severability)

If any provision or part of a provision of these Terms is determined to be invalid under applicable laws or regulations, the remaining provisions (or remaining parts of the provision) shall remain in full force and effect.

Article 20 (Governing Law and Dispute Resolution)

These Terms shall be governed by and construed in accordance with the laws of Japan. Any dispute arising in connection with the Service or these Terms shall be subject to the exclusive jurisdiction of the Tokyo District Court (Tokyo Chihō Saibansho) as the court of first instance.