Terms of Use Miro Smiles App

These terms of use govern the use of the Miro Smiles app. By installing the Miro Smiles app (“Miro Smiles”), the customer agrees to these terms of use. The contractual relationship regarding the use of Miro Smiles by the customer is exclusively established between the latter and Tasty Tech Ltd. (“TastyTech”). We recommend the customer to install any new Miro Smiles release as soon as it is available in the App Store.

Miro Smiles App

Miro Smiles serves to provide a virtual simulation of potential dental transformations as well as to store and manage corresponding images and videos. This way it supports the dialogue between dentists and their patients. Miro Smiles is constantly being further developed. The range of functionality and features of the current version of Miro Smiles can be found at www.mirosmiles.com.

Customer's Right To Use/Rights Miro Smiles

The customer has the non-exclusive right, in perpetuity, to use Miro Smiles in accordance with these terms of use. The intellectual property rights and all other property rights to Miro Smiles, more specifically all copyrights and trademark rights, will remain vested exclusively in TastyTech. The customer is not granted any rights beyond the right to use Miro Smiles. The customer may not translate, duplicate, modify nor edit the Miro Smiles software he purchased in the App Store, nor may he use parts thereof other than for its intended purposes, nor may he otherwise reassemble or imitate Miro Smiles.

Privacy

The customer may register on the Miro Smiles website or within the Miro Smiles app on a voluntary basis. By registering, the customer agrees that TastyTech will process his personal data (full name, e-mail address, telephone number, postal address, details of his or her company) to conduct the business relationship with the customer to the extent necessary in connection with the use of Miro Smiles. The customer may at any time, through the website of Miro Smiles, via support@tastytech.ca, demand information, rectification, erasure, the restriction of processing the registration details, or declare the withdrawal of his consent to the processing of the registration details. The customer acknowledges and agrees that TastyTech may collect, analyse and store anonymised data relating to customer's use of the software, with the aim of improving Miro Smiles according to user behaviour and of tailoring the marketing to the user's preferences. The customer acknowledges and agrees that any uploaded images or video sequences will automatically be transmitted in an encrypted form to TastyTech, that it will be decrypted there and that, until the customer withdraws his consent, it will be used to improve Miro Smiles. The customer acknowledges and agrees that TastyTech will engage third parties as service providers, more specifically cloud services of Amazon, Google and Apple, for purposes of marketing, of management of the customer's account, and of processing and storage of the data originating from or generated by the customer, including personal data, and that thereby these service providers will process and store the data originating from or generated by the customer in the information systems operated worldwide. TastyTech has entered into appropriate contractual arrangements with the service providers it engaged to ensure privacy with regard to the customer's personal data. The customer himself is responsible for compliance with data protection regulations, more specifically for privacy policies or for obtaining privacy statements in respect to the persons, for whom the customer uses Miro Smiles. Miro Smiles supports him herewith through the following functionalities, insofar as these were not deactivated in the system settings on the customer's device: password protection/Touch ID for accessing the data; data encryption when exchanging data with cloud services.

Exclusion of warranties

Miro Smiles will be provided to the customer "as is" and without any warranty by TastyTech, to the extent permitted by law, in regard to Miro Smiles. The customer acknowledges in particular, that changes may occur in the colour rendering and/or the position of the teeth in visualisations rendered by Miro Smiles, when installing new versions of Miro Smiles or as routine improvements are made to the Miro Smiles cloud backend. The customer further acknowledges that the use of Miro Smiles and the transmission of data may experience interference (poor reception, disturbance of the internet connection or malfunction of the device etc.) and that TastyTech shall not be liable for the above. The customer shall solely be responsible for the use of Miro Smiles and the use of the results thereof.

Disclaimer

When processing personal data, TastyTech shall take reasonable measures to protect this data from loss, misuse, unauthorised access, disclosure, alteration or destruction. Despite all precautions taken with the processing of personal data, TastyTech cannot rule out the loss, misuse or alteration of this data. The Internet is an open network, accessible to everyone and it is thus generally not considered to be a safe environment. TastyTech disclaims any responsibility for the security of data while being transmitted through the Internet. The liability of TastyTech for any kind of damage is limited to intent and gross negligence. To the extent permitted by law, TastyTech will not be liable for consequential damage or for damage that is unforeseeable or in the customer's area of responsibility. The liability provision above will concern contractual as well as non-contractual claims. This will apply without prejudice to any possible liability under laws relating to product liability.

Contract period

The contractual relationship between TastyTech and the customer will exist for an indefinite period. The customer may terminate this at any time by canceling his Miro Smiles subscription, ceasing to use Miro Smiles, and removing Miro Smiles from his device.

Applicable law and jurisdiction

The contractual relationship between the customer and Tasty Tech Ltd. shall be governed by the laws of Ontario, Canada.

* The Miro Smiles app is a product by Tasty Tech Ltd., 126 Simcoe St., Suite 2105, Toronto, Ontario, M5H 4E6, Canada.