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Effective December 1, 2025

 

Digital Orthodontics (DOT) is a commercial name for services and products provided by a registered company under the name of Fernandez & Garro B.V. (hereafter only referred to as DOT) which consists of a private limited liability company that offers Digital Orthodontics services, including Treatment Planning support, to dental professionals around the world.

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These General Terms and Conditions shall apply to every assignment granted to DOT, including every follow-up assignment or altered or supplementary assignment related to Digital Orthodontics, Treatment Planning, and associated professional services. All provisions contained in these terms and conditions have been drawn up also for the employees of DOT and anyone involved in the execution of the contract and/or anyone who could be liable in that connection.

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All assignments shall be deemed to have been exclusively granted to and accepted by DOT, even assignments that are expressly or tacitly intended to be executed by a specific person. The partners and other persons working for DOT are neither personally bound nor personally liable.

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DOT will always exercise due care in engaging third parties. However, DOT is not liable for the failure of such parties to perform. DOT has been authorized by the client to accept on the client's behalf any limitations of liability of such parties. If reasonably possible, DOT will consult with the client about engaging a third party. The duty of consultation will not apply at any rate to the engagement of translators, couriers, bailiffs, and attorneys of record.

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Assignments granted to DOT shall be executed exclusively for the benefit of the client. Third parties shall not be able to derive any rights from the content of the work carried out, including work related to Treatment Planning or Orthodontic Diagnosis support, nor more generally from the manner in which such assignments have or have not been executed.

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DOT, but any and all persons – including those who are associated with DOT in any capacity, as well as third parties – who are engaged in the execution of an assignment granted by a client shall be entitled to appeal to these General Terms and Conditions.

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DOT Does Not Provide Health Care Advice or Services

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You acknowledge and agree that:
(i) DOT does not practice medicine and does not offer health care services;
(ii) All services, processes, plans, forms, reports, reference materials, or any form of communication, including those related to Treatment Planning or Orthodontic Diagnosis support, may contain errors or omissions, are not intended to provide medical advice, and should not replace professional clinical judgment;
(iii) You are solely responsible for delivering all dental and health care services to Patients when utilizing our Products and Services, including services involving Clear Aligners;
(iv) DOT is not, and will not be, accountable for any health care decisions you make regarding the use of DOT’s Products or Services; and
(v) A qualified and licensed dental professional will oversee and review all health care data and personal information stored on our Services, coordinate and manage all medical treatment, and consistently apply their clinical judgment in any medical situation or treatment while assessing associated clinical risks.

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Service Level Agreement (SLA)

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Treatment Planning Services for Invisalign, Angel Aligner, ClearCorrect, and Spark cases take between 2–5 business days. Depending on the complexity of the case, which may require more work and be subject to delays from any Clear Aligners lab, the turnaround time may take additional days.

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Special Offers and Promotions

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Any special offer or promotion of services will apply only to the same product/service line. Promotions such as 5 packs at 5% discount, 10 packs at 10% discount, or any other offer apply exclusively to the specified service. For example, purchasing a 5 Pack Promotion at 5% discount for DOT Basic includes 5 DOT Basic cases at 5% discount (not a mix with other services).

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Data Protection; Personal Information

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You affirm and guarantee that you have obtained all necessary rights to any personal data, including patient and health care information, allowing DOT to collect, use, and share such data in connection with providing Digital Orthodontics services, Treatment Planning, and related support in accordance with our Privacy Policy and GDPR. You confirm that our use of this information does not infringe upon any intellectual property rights, privacy rights, or any other third-party rights. You agree to indemnify, defend, and hold harmless DOT, along with its successors and assigns, from any losses, liabilities, costs, claims, or expenses arising from or related to a breach of this Agreement, including this section and the Global Protection Addendum. Upon termination or expiration of the Agreement, DOT will delete, close, or (if you choose) return all Patient Data in its possession, except where applicable laws require retention of some or all such data.

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Non-obligation to process an order

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DOT has the right, based on the analysis of the records, to decline Treatment Planning or recommend against proceeding with a patient’s case using Clear Aligners. Examples may include, but are not limited to, skeletal cases requiring surgery, severe periodontal conditions, diseases visible in digital records, or insufficient records to create an appropriate Orthodontic Diagnosis and treatment plan. DOT reserves the right to charge the full fee for the service if a complete analysis has been conducted.

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AI-Diagnostic Driven Treatment Planning Services

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Treatment Plans based on AI-analysis of the patient’s orthodontic records depend on the quality and availability of the records provided by the treating doctor. Such analysis may support Orthodontic Diagnosis, but does not replace professional clinical judgment.

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Refinements

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Refinements are valid only while the case is open with the Clear Aligners lab (any third-party manufacturer). Once the case is closed or expired by the aligner company, DOT has no obligation to provide refinements.

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Tax fees on services

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DOT reserves the right to apply tax fees to its services, which may vary by country or region. Tax fees will be calculated over the listing price of the service and are not included in the listing price.

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DOT right to protect its patron and business

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DOT may refuse service or product delivery if a customer or potential customer is deemed harmful to DOT’s business, patrons, or any area of the company.

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Right to modify, update, or discontinue any products or services

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DOT reserves the right to modify, update, or discontinue any products or services at any time without prior notice. Such changes may be made to reflect business needs, regulatory requirements, technological advancements, or other factors. Continued use of our products and services following any changes constitutes acceptance of those changes.

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Promotions Terms & Conditions – DOT

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1. Eligibility
   Promotions are generally open to all customers unless specified otherwise. DOT reserves the right to limit participation based on location, purchase history, or other criteria.

2. Promotion Duration
   Promotions may be valid for a limited time. DOT is not obligated to extend or repeat any expired Promotion.

3. Redemption
   To redeem a Promotion, customers must visit www.digitalorthodontics.com and complete a purchase as instructed. Promotions may require a promotional code or be applied automatically at checkout.

4. Exclusions
   Certain items, including custom services, previously discounted products, or special packages, may be excluded.

5. Non-Transferability & No Cash Value
   Promotions are non-transferable, not redeemable for cash, and may not be combined with other offers unless expressly permitted.

6. Right to Modify or Cancel
   DOT may cancel, modify, or suspend any Promotion at any time without prior notice for reasons including technical issues, fraud, or circumstances beyond its control.

7. Misuse of Promotions
   DOT reserves the right to withhold or cancel Promotions in cases of suspected abuse or fraud, including multiple accounts.

8. Governing Law
   These Terms are governed by the laws applicable in DOT’s primary jurisdiction, without regard to conflict of law principles.

9. Contact Information
   Questions about Promotions may be sent to info@digitalorthodontics.com.

 

Third-Party Manufacturing, Product Safety & Limitation of Liability

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DOT may, at the request of the Client, facilitate the production of Clear Aligners or other physical orthodontic devices (“Products”) by transmitting digital Treatment Planning files or related documentation to third-party manufacturing partners (“Manufacturers”). The Client acknowledges and agrees that:

• DOT does not manufacture or physically produce any Products. Its role is limited to designing and providing digital treatment plans and Digital Orthodontics services, and, when requested, facilitating communication between the Client and the Manufacturer.
• All Products are manufactured exclusively by independent third-party Manufacturers, whose production processes, materials, regulatory compliance, quality controls, and safety procedures are fully separate from DOT.

General Product Safety

DOT’s role is limited to providing digital Treatment Planning services and facilitating communication with third-party manufacturers. DOT does not manufacture, distribute, or control the production of any physical orthodontic devices or products.

All Products are produced and delivered exclusively by independent third-party manufacturers. The Client acknowledges and agrees that:

• DOT is not responsible for the safety, quality, or performance of any Products, regardless of the manufacturer or brand.
• Any adverse events, reactions, complications, or defects arising from the use of Products must be reported directly to the manufacturer.
• DOT is not liable for product recalls, safety notifications, regulatory compliance, or post-market surveillance obligations of any third-party Products.

The Client, as a qualified dental professional, remains solely responsible for evaluating the suitability of the treatment plan, verifying clinical safety before delivering any Products to patients, and monitoring patient outcomes, including any adverse events or complications.

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Clinical Responsibility

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The Client (orthodontist, dentist, or other qualified professional) remains solely responsible for:

• evaluating the suitability of the treatment plan for the patient, including the Orthodontic Diagnosis;
• verifying clinical safety before delivering Products to patients;
• monitoring patient progress and managing any complications or adverse events.

DOT does not assume or share clinical responsibility for patient care.

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Limitation of DOT’s Liability

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DOT’s liability is strictly limited to the provision of Digital Orthodontics and Treatment Planning services. Once digital files are delivered to the Manufacturer or the Client, all risk and responsibility related to the physical Products transfers fully to the Manufacturer and/or the Client.

DOT will assist in facilitating communication upon request but holds no contractual responsibility for the Manufacturer’s actions, omissions, or products.