This Subscription Agreement (the “Agreement”) is entered into by and between MDsimulation Ltd., operating under the DentalMaster brand (“DentalMaster”, “we”, “us”), and the customer identified in the applicable order, order form or online checkout (“Customer”, “you”). This Agreement is effective as of the date of the Customer's order (the “Effective Date”).
This Agreement applies to all software, applications, modules, add-ons, content libraries and services published by MDsimulation Ltd. under the DentalMaster brand and identified in your order — whatever their name, edition or version, and including any tool published after this date, unless a specific product states otherwise in its own terms. It applies together with our Communications, Privacy & Free Licence Policy and our Privacy Policy.
Not intended or certified as a medical device. Not intended as standalone diagnostic software. All DentalMaster tools are communication, visualisation, recording and educational aids. Only an appropriately licensed or otherwise legally authorised dental practitioner, exercising independent professional judgement, may establish a diagnosis and issue the final treatment options or proposal to a patient.
1What DentalMaster provides
As a DentalMaster licence holder, the Customer receives:
a licence to use the DentalMaster software and services identified in the order, in the edition and for the term purchased, delivered through the DentalMaster cloud platform;
support services for paid plans, including user assistance, updates and software patches, as described in Exhibit B;
the right to order professional services (consulting, development, training) as described in Exhibit B, at additional cost.
The scope of each licence — features, modules, content volumes, number of users or sites — is the one stated in the order and in the product description at the time of purchase. Content libraries are supplied as published at the time of use: titles may be added, replaced or withdrawn.
2Customer obligations
The Customer must facilitate the execution of DentalMaster's obligations by providing the required information within three (3) days of request. Any delay in providing information does not suspend the Customer's payment obligations.
If the Customer under-reports the use of DentalMaster software, this will be considered a material breach of contract. DentalMaster may then terminate the Agreement and/or charge back the unpaid amount at the initial rate, increased by a factor of two (2).
The Customer is responsible for using the software within its stated intended purpose, as a communication, visualisation, recording and educational aid, and in compliance with the professional and data-protection rules applicable to their practice (see sections 10 and 11).
3Fees and payments
The Customer agrees to pay the fees specified in the order. Prices displayed are fixed list prices for the edition and term purchased.
Fees are exclusive of taxes and additional charges.
Payment is due within thirty (30) days from the invoice date, unless paid at checkout.
Late payment: interest of 1.5% per month, compounded quarterly.
If a payment delay exceeds thirty (30) days, DentalMaster may suspend services until full payment is made.
DentalMaster may adjust its fees upon contract renewal with thirty (30) days' notice.
4Licence types
Licence
What it means
Free edition
A permanent free tier of certain tools, with limited features or content. It is not a free trial. It is provided “as is” and may be modified, suspended or terminated at any time, without notice and without compensation, as set out in the Communications, Privacy & Free Licence Policy, which governs it.
Subscription licence (annual or multi-year)
Access to the software, support and updates for the term purchased. The licence runs for its full term and ends at the end of that term unless renewed.
One-time (“Lifetime”) licence
Access for the life of the product — that is, for as long as DentalMaster publishes and operates the edition purchased — not the lifetime of the user. It includes updates of the purchased edition. It does not include new products, new editions or new paid features released after the purchase.
5Term, renewal and non-renewal
The Agreement is effective for the term specified in the order.
Where a subscription renews automatically, either party may decline renewal by giving written notice at least thirty (30) days before the end of the current term. The Customer may turn off renewal at any time via their account settings or by writing to online@identalmaster.com; the licence then remains active until the end of the term already paid for.
Fees already paid for the current term are not refundable in the event of non-renewal or early discontinuation of use by the Customer, except where section 9 (Limitation of liability) or a mandatory rule of law provides otherwise.
A material breach not remedied within thirty (30) days of written notice may result in termination by the non-breaching party.
6Confidentiality
Any information marked as confidential may not be disclosed to third parties without prior consent.
In case of a judicial request, the affected party must inform the other party before disclosure, where legally permitted.
7Intellectual property rights & copyright
The Customer receives a usage licence, not ownership rights.
All content, software, films, animations, 3D models and visual materials provided by DentalMaster are protected under copyright laws. Unauthorised reproduction, distribution, resale, sublicensing or modification of any content is strictly prohibited and will be prosecuted to the fullest extent of the law.
Any violation of intellectual property rights will result in immediate termination of the licence and legal action against the infringing party.
8Service warranty
DentalMaster undertakes to perform its services in compliance with industry standards.
In case of a defect, the Customer must report the issue within fifteen (15) days of discovering it, to online@identalmaster.com.
DentalMaster's sole obligation in case of non-compliance is to re-perform the relevant service.
The Free edition carries no warranty and no service-level commitment of any kind.
9Limitation of liability
To the fullest extent permitted by applicable law, DentalMaster is not liable for indirect, incidental, special or consequential damages, or for damage arising from misuse, use outside the stated intended purpose, reliance on unreviewed output, or a clinical decision made by the Customer or a practitioner.
Where liability is established and may lawfully be limited, DentalMaster's entire liability, and the Customer's sole and exclusive remedy, is a refund of the unused portion of the fee already paid for the licence then in force, calculated pro rata over the remaining term from the date of the event. The total can never exceed the fee paid for that licence term. For Free editions, no refund, compensation or indemnity is due on any basis.
Nothing in this section excludes or limits liability which cannot lawfully be excluded or limited, in particular in cases of fraud, wilful misconduct or personal injury.
10Medical and product disclaimer
The Customer acknowledges that DentalMaster tools, in all their versions, unless expressly stated otherwise for a specific product or jurisdiction, are not intended, marketed or certified as medical devices and are not intended to be used as standalone diagnostic software. Their output — including any chart, simulation, film, 3D animation, generated text or conversational answer — is an informational and explanatory aid only. It must be reviewed and validated by the treating practitioner before being used in patient communication, and it never replaces a clinical examination, a diagnosis or informed patient consent. The practitioner remains solely responsible for all clinical decisions. The full disclaimer in the Communications, Privacy & Free Licence Policy forms part of this Agreement.
11Data protection
The processing of the Customer's personal data, and the respective roles of the parties regarding patient data (the clinic as controller, DentalMaster as processor), are described in our Privacy Policy and in the Communications, Privacy & Free Licence Policy. Privacy and data requests: privacy@identalmaster.com.
12General provisions
This Agreement is governed by the law of the jurisdiction of the main office of MDsimulation Ltd., with exclusive jurisdiction of the courts of that jurisdiction, except where a mandatory rule of law provides otherwise.
No transfer of rights without prior written consent.
Please note: while our central support uses a Belgian phone number and a Belgian correspondence address, these are a communication channel only. DentalMaster's services and operations are managed globally from the main office of MDsimulation Ltd.
13Order of precedence
In case of conflict, the precedence is as follows:
1. The order / order form
2. This Agreement
3. Exhibits A and B
Exhibit A — Licence types
Free edition: permanent free tier with limited features or content, governed by the Communications, Privacy & Free Licence Policy. Not a free trial.
Subscription licence: ongoing access to the software with support and updates, for the term purchased (annual or multi-year).
One-time (“Lifetime”) licence: access for the life of the product edition purchased, with updates of that edition, without recurring fees. New paid features, editions or products released later are not included.