1. Introductory provisions
These Terms of Service govern the rights and obligations between the provider of the SmileCrop application (the "Provider") and the person who downloads the application, purchases a licence, activates a trial version, or uses the application (the "Customer" or "User").
SmileCrop is a desktop software application intended for automatic cropping, sorting, renaming, and organization of photographs from orthodontic photographic documentation. The application is a workflow and image-processing tool. It does not perform diagnosis, does not provide medical recommendations, and does not replace the professional assessment of a healthcare professional.
The application is designed so that photo processing takes place locally on the User's device. By default, the Provider does not receive, store, or process patient photographs on its servers.
2. Definitions
- Application — the SmileCrop software for a desktop device.
- Licence — a non-exclusive right to use the Application in accordance with these Terms and the Licence Terms.
- Licence Key — a unique code used to activate and verify the Licence.
- Subscription — recurring paid access to the Application for a monthly or annual period.
- Trial Period — time-limited free use of the Application before Licence activation is required; currently 14 days.
- Business Customer — a person acting in connection with their business activity or profession when purchasing.
- Consumer — a natural person acting outside their business activity or profession.
3. Order, conclusion of contract, and payment
The contract is concluded at the moment the order is confirmed by the payment provider or the Provider, or at the moment the Licence Key or Application is made available, whichever occurs first.
Payments are processed through Paddle.com Market Limited ("Paddle") acting as a Merchant of Record. This means that Paddle is listed as the seller on the issued receipt/invoice, and that Paddle's terms of service and privacy policy also apply. Paddle is responsible for calculating and remitting applicable taxes, including VAT, sales tax, and similar taxes, according to the Customer's country, for invoicing, and for subscription management.
Prices shown on the website are displayed including VAT where expressly stated. Final tax treatment by country, currency conversion, and invoice details are handled by the Merchant of Record and shown in the Paddle checkout before the Customer confirms payment.
4. Delivery of the Application and Licence Key
The Application is delivered electronically by means of a download link for the installation file. The Licence Key is delivered electronically, typically to the email address entered during the order, in the Paddle customer portal, or by another electronic method.
The Customer is responsible for the correctness of the email address and other information provided during the order. The Provider is not liable for delay or non-delivery caused by incorrect details, spam filters, or technical settings on the Customer's side.
5. Trial Period
The Provider allows free trial use of the Application for 14 days without entering a payment card. After the Trial Period ends, further use of the Application may be conditional on an active Licence.
The Trial Period is intended to allow the Customer to verify whether the Application meets the Customer's needs, workflow, operating system, and type of photographs. During this period, the Customer should test the Application on their own device and with their own workflow structure.
6. Subscription, renewal, and cancellation
If the Licence is sold as a Subscription, it is billed repeatedly for the selected period, typically monthly or annually. The Subscription renews automatically until the Customer cancels it or until it is terminated under these Terms.
The Customer may cancel future Subscription renewal in the Paddle customer portal (the link is usually included in the order confirmation email), by contacting support at [email protected], or by the method stated in the checkout. Cancellation of the Subscription usually does not result in a refund of the amount already paid for the current period; access remains active until the end of the paid period unless stated otherwise.
If a renewal payment fails, the Licence may be suspended or terminated. The Provider may allow a short grace period to resolve the failed payment, but is not obliged to do so.
7. Licence Terms
Use of the Application is governed by separate Licence Terms / EULA, which form part of the contractual documentation. In the event of a conflict between these Terms and the Licence Terms in matters of technical use of the Application, the Licence Terms prevail.
Unless agreed otherwise in writing, the Licence is non-transferable, non-exclusive, and limited to the number of activations or devices stated at purchase or in the licence settings.
8. Updates, availability, and changes to the Application
The Provider may issue updates, bug fixes, and improvements to the Application. Some updates may be necessary to maintain compatibility, security, or proper functioning of licence verification.
The Provider makes efforts to keep the Application functional but does not guarantee that it will be error-free, compatible with every hardware/software configuration, or suitable for every internal Customer workflow.
9. Customer obligations
- Use the Application in accordance with the law, these Terms, and the Licence Terms.
- Ensure that the Customer has the right to process photographs and other files inserted into the Application.
- Do not send patient photographs or other sensitive personal data to the Provider unless there is an explicit reason and a safely agreed procedure.
- Back up original photographs and output files outside the Application.
- Do not circumvent licence restrictions, share the Licence Key with unauthorized persons, or attempt reverse engineering except within the limits of mandatory law.
- Verify the results of automatic processing before using them in documentation or communication with a patient.
10. Medical and professional use
The Application is intended as a technical tool for processing image files. It does not perform medical analysis, diagnosis, treatment recommendations, or clinical decision-making. Responsibility for creating, maintaining, and using medical documentation rests with the relevant healthcare professional or healthcare facility.
The Customer acknowledges that automatic cropping or sorting may be inaccurate in individual cases. Outputs must be checked before archiving, sharing, or using them in a professional process.
11. Complaints and defective performance
Rights arising from defective performance and the complaints procedure are governed by the separate Refund & Complaints Policy, which forms part of the contractual documentation.
12. Consumer withdrawal from the contract
If the Customer is a Consumer, the Customer generally has the right to withdraw from a distance contract within 14 days. For digital content or a digital service, however, this right expires if the Consumer expressly agrees to performance beginning before the expiry of the withdrawal period and acknowledges that by doing so they lose the right of withdrawal (Section 1837 of Act No. 89/2012 Coll., the Czech Civil Code).
Because SmileCrop is made available to the Customer for download and use immediately after the order, this consent is typically granted during checkout. Before purchase, the Customer is encouraged to use the 14-day Trial Period without a payment card.
Details are provided in the Refund & Complaints Policy. These provisions do not apply to the same extent to Customers acting as Business Customers.
13. Liability and limitation of liability
The Provider is liable for damage only to the extent required by mandatory legal regulations. To the maximum extent permitted by law, the Provider is not liable for indirect damage, loss of profit, loss of data, loss of business opportunity, business interruption, or damage caused by incorrect use of the Application.
The Customer is obliged to regularly back up data and keep original files. The Application should not be the sole storage location for important photographs or documentation.
14. Personal data protection
Processing of personal data is described in the separate Privacy Policy. The Customer acknowledges that patient photographs processed locally in the Application are not normally transferred to the Provider.
15. Changes to the Terms
The Provider may reasonably change these Terms, especially due to changes in the Application, legal regulations, payment process, or security requirements. The Provider will inform Customers about material changes in an appropriate manner. Changes do not have retroactive effect on an already paid period unless necessary for legal or security reasons.
16. Governing law and dispute resolution
These Terms are governed by the laws of the Czech Republic unless mandatory legal provisions provide otherwise. Any disputes will be resolved before the competent courts of the Czech Republic, unless mandatory legal regulations grant the Consumer another right.
A Consumer may use out-of-court resolution of consumer disputes before the Czech Trade Inspection Authority (www.coi.cz), if competent for the relevant case.