© Copyright 2023 – DDML, Corp. CrownID® is a registered brand property of DDML, Corp, a U.S. based corporation.
Last Updated: February 26, 2021
These Terms and Conditions of Sale (“Terms”, “Terms and Conditions”) apply to services through the
www.crownid.com website and the CrownID® mobile software application (“Service”), owned and operated by Digital Media, Ltd. (“Us”, “We”, or “Our”).
Dental Digital Media, Ltd, “The Service Provider” is the provider of the services outlined in your
The Service Provider has agreed to provide the Service to the Customer in accordance with the Sales Order and this
agreement. The Customer, by subscribing to the Service, has agreed to the following Terms and Conditions of Sale
including the Terms and Conditions of Use. The Service Provider reserves the right to update these Terms at any time,
effective upon a notification via the Service or via an email address you have registered with the Service Provider. The
Service Provider reserves the right to change these Terms at any time in the absence of any other agreement in writing
between the Customer and the Service Provider. Any change shall become effective upon a notification via the
Service or via an email address you have registered. It is your obligation to ensure that you have read, understood
and agreed to any changes in the terms if notified.
Account means an account enabling a person to access and use the Service including both Administrator accounts and user accounts.
Agreement means a contract between the parties incorporating the Sales Order Form, these Terms and Conditions of Sales, CrownID® Terms and Conditions of Use, CrownID® Privacy Policy and any amendments to that contract from time to time.
Authorised User means the employees or contractors as nominated by the Customer to have an Account.
Cardholder Data refers specifically to the credit card number, along with cardholder name, expiration date and security code.
Confidential Information includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Software, that is marked confidential or should have been reasonably understood by the disclosing party to be confidential, but does not include information which is, or becomes, publicly available other than through unauthorized disclosure by the other party.
Customer means the named party on the Sales Order and any Related Body Corporate from time to time of the named party and their respective Employees.
Customer Data means any data and materials inputted by the Customer into the Software or stored by the Service or generated by the Service as a result of the Customer’s use of the Service.
Data Breach means any unauthorized access to, use or disclosure of Personal Information held by or on behalf of the Customer.
Fees means those fees payable to the Service Provider as set out in the Sales Order.
Force Majeure Event means an event or series of related events that is outside the reasonable control of either party and without the fault or negligence of either party and which by the exercise of reasonable diligence either party was unable to prevent (including failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars).
GST means any Goods and Services Tax or Value Added tax imposed under any applicable legislation or regulation.
Intellectual Property Right means any patent, trademark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.
Party or parties means a party or parties to this Agreement, its successors and assigns or any person acting on behalf of and with the authority of the parties to this Agreement.
PCI DSS means the series of specific Data Security Standards (DSS) that the PCI Security Standards Council (PCI SSC) defines and are relevant to all merchants, regardless of revenue and credit card transaction volumes.
Personal Information means information or an opinion about an identified individual, or an individual who is reasonably identifiable.
Privacy Law means any requirement under law, industry code or policy relating to the handling of Personal Information.
Sales Order means any document, including one completed online, that records the Services and the fees purchased by the Customer.
Software means the software available (as may be changed or updated from time to time by The Service Provider)
(a) The Customer appoints the Service Provider as its provider of the Service, and the Service Provider accepts the appointment and agrees to provide the Service to the Customer, in accordance with these Terms of this Agreement.
(b) The Service Provider hereby grants the Customer a non-transferable, non-exclusive License to use the Service.
(c) The Customer will provide the Service Provider with such information, resources and authorities that the Service Provider reasonably requires to carry out the Service.
The Service Provider agrees to provide Service to the Customer as set out in the Sales Order and in accordance with these Terms and with the Terms and Conditions of Use.
The Service Provider warrants to the Customer that, in connection with the provision of the Service:
(a) It is legally able to enter into this Agreement.
(b) It will comply with all applicable laws.
(c) It will use reasonable skill and diligence.
The Customer warrants to the Service Provider that, in connection with the provision of the Service:
(a) It will comply with the Terms and Conditions of Use and will ensure that all persons using the Service with its authority or by means of an Account will comply too.
(b) It is responsible for obtaining and maintaining all equipment, computer hardware and software and all telecommunications services required by it to access and use the Service and will ensure that all such equipment and services comply with the technical specifications provided by the Service Provider.
(c) It will take all reasonable precautions to ensure the security of access to the Service and must not, under any circumstances, allow any third party or any person other than an Authorized User to access or use the Service for any purpose without the prior written consent of the Service Provider.
(d) It agrees to inform the Service Provider immediately if it becomes aware of any unauthorized use of the Service by any person.
(e) It will not use the Service in any way that will contravene any legal or regulatory provision.
Dental Digital Media, Ltd. may, at its sole discretion, offer a Subscription with a free trial for a limited period of 30 days (“Free Trial”). For the duration of the Free Trial, you have the nonexclusive, nontransferable, non-assignable, limited right to use the service, subject to the terms of this agreement, and solely for your internal business purposes to evaluate CrownID® Service offering and not for any production or commercial purposes. You may allow your users to use the Service for this purpose and you are responsible for your users’ compliance with these Terms, the Terms and Conditions of Use (https://crownid.local/legal_documents/app_terms_conditions and https://crownid.local/terms_conditions), and our Privacy Policies (https://crownid.local/privacy_policy and https://crownid.local/legal_documents/app_privacy_policy).
The Service will be provided to you free of charge during the Free Trial and You will not be required to enter your billing information to sign up for the Free Trial. The Free Trial allow the user to test all functionalities. You will be required to enter a valid payment method and your billing information as soon as Your Free Trial ends to start Your paid subscription. At any time and without notice, Dental Digital Media, Ltd. reserves the right to (i) modify the Free Trial offer, or (ii) cancel such Free Trial offer.
If You choose to activate your subscription before the end of the Free Trial, you will be immediately charged the amount of the chosen plan.
Some parts of the Service are billed on a subscription basis (“Subscription(s)”) for which you will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription. At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Dental Digital Media, Ltd. cancels it. You may cancel your Subscription renewal by contacting Dental Digital Media, Ltd. customer support team at contact@ddml.tech
In return for the provision of the Service by the Service Provider, the Customer agrees to pay the Fees as set out in the Sales Order. A valid payment method limited to credit card is required to process the payment for your Subscription. In Our www.crownid.com website the checkout process is handled via Stripe and Amazon, and the customer’s payment details are directly passed to Stripe’s and Amazon’s servers. All credit card information will be stored in Stripe’s and Amazon’s servers. You shall provide Dental Digital Media,
Ltd. with accurate and complete billing information including full name, address, state, zip code, telephone number. By submitting such payment information, you automatically authorize Dental Digital Media, Ltd. to charge all Subscription fees incurred through your account to any such payment instruments.
The Service is provided to the Customer in a form that enables, through the Customer’s use of an approved third-party payment gateway provider to process Cardholder Data and remain PCI DSS compliant. The CrownID® software mobile application is not configured by the Service Provider to receive, store or process raw Cardholder Data. If the Customer utilizes options to retrieve or reveal Cardholder Data and/or utilizes any method to store Cardholder Data in the CrownID® software, then the Customer acknowledges that this shall make them non-compliant with PCI DSS and further that in doing so they agree to indemnify and hold the Service Provider harmless from any claims, fines, damages (including any direct, indirect, consequential or punitive damages), losses or costs suffered, incurred or paid by the Customer pursuant to, arising out of or in connection with any Customer actions that reveal or store Cardholder Data in the Software.
Dental Digital Media, Ltd in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the current Billing Cycle.
Dental Digital Media, Ltd will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
The Fees shall be invoiced to the Customer for each billing period for the amount and frequency as set out in the Sales Order or as subsequently subscribed for unless otherwise stated.
Certain refund requests for Subscriptions may be considered by Dental Digital Media, Ltd on a case-by-case basis and granted in sole discretion of Dental Digital Media, Ltd. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused for an annual Subscription.
The Service Provide may, in its sole discretion, make enhancements, updates or new releases of the Software available through the Service from time to time in order to enhance or improve the functionality or operation of the service or comply with legislative requirements.
The Service Provider will use its best endeavors to maintain the reliability and efficiency of the Service subject to unscheduled interruptions to the availability of the Service due to factors beyond the control of the Service Provider – including any actions by the Customer or third parties, including telecommunications providers.
The Customer will communicate any difficulties encountered with the Service to the Service Provider as soon as is reasonably practicable following detection.
We may terminate or suspend Your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach the Terms and Conditions of Use or Privacy Policies. Upon termination, Your right to use the Service will immediately cease. If you wish to terminate Your account, you may simply discontinue using the Service.
You can terminate your Subscription and request your account to be deleted at any time. Such termination will result in the deactivation of your account and access to it. In case you request deletion of content. it will not become available, should you decide to come back with us. Terminations are confirmed immediately, and you will not be charged again for that Subscription unless you purchase a new one. If you terminate a Subscription in the middle of a billing cycle, you will not receive a refund unless you are terminating these Terms for any of the following reasons: (a) we have materially breached these Terms and failed to cure that breach within 30 days after you have so notified us in writing; (b) a refund is required by law; or (c) we, in our sole discretion, determine a refund is appropriate. For clarity, we will not grant a refund where you have used our Services, collected responses, and/or downloaded your responses unless the termination is due to Our material, uncured breach or a refund is required by law.
We may terminate Your Subscription at the end of a billing cycle by providing at least 30 days prior written notice to you. CrownID® may suspend performance or terminate Your Subscription for any of the following reasons: (a) You have materially breached these Terms and failed to cure that breach within 30 days after CrownID® has so notified You in writing; or (b) You fail to pay fees for 30 days past the due date. Additionally, CrownID® may limit, suspend, or terminate the Services: (i) if You fail to comply with these Terms, (ii) if You use the Service in a way that causes legal liability to us or disrupts others’ use of the Service; or (iii) if we are investigating suspected misconduct by You. Also, if we limit, suspend, or terminate the Services you receive, depending upon the reason, we will endeavor to give you advance notice and an opportunity to obtain a copy of Your Content from that Service. However, there may be time sensitive situations where We may decide that we need to take immediate action without notice. CrownID® will use commercially reasonable efforts to narrow the scope and duration of any limitation or suspension under this Section as is needed to resolve the issue that prompted such action.
If CrownID® stops providing the Service to You because You repeatedly or egregiously breach these Terms, CrownID® may take measures to prevent the further use of the Services by You.
CrownID® is a tool that records technical information and sends such information from the Dental Practice to the Dental Lab. Its purpose is to enhance communication, but it is by no means intended to replace the supervision/final proof that the Doctor must bring to every clinical case. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE. DENTAL DIGITAL MEDIA, LTD. ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT I) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE OR AVAILABLE AT ANY TIME OR LOCATION; II) ANY ERRORS OR DEFECTS WILL BE CORRECTED; III) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. DENTAL DIGITAL MEDIA, LTD. SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY PATIENT OR OTHER THIRD PARTY CLAIMS OR DAMAGES AND YOU SHALL INDEMNIFY DENTAL DIGITAL MEDIA, LTD. AGAINST ALL SUCH CLAIMS OR DAMAGES, INCLUDING, WITHOUT LIMITATION, THOSE CLAIMS OR DAMAGES ATTRIBUTABLE TO PRACTITIONER TECHNIQUES, INCOMPLETE, MISMATCHED OR INCORRECT INFORMATION AT THE CLINIC LEVEL, USE OF SPECIFIC MATERIALS AND SPECIFIC STEPS FOR EACH SPECIFIC JOB, INCORRECT PRESCRIPTIONS SENT TO THE LAB OR BREACH OF HIPPA REQUIREMENTS OR ANY CONFIDENTIALITY AGREEMENTS BETWEEN PATIENT AND DOCTOR
IN NO EVENT SHALL DENTAL DIGITAL MEDIA LTD , ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, BE LIABLE UNDER ANY LEGAL THEORY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
By using, making a purchase through, or otherwise interacting with the website, You agree, that to the extent permissible by applicable law: (i) any and all disputes, claims, and causes of action arising out of or in connection with the website, or any services or items obtained through the website, shall be resolved individually without resort to any form of class action. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have between us regarding the Service. Dental Digital Media, LTD is established in Ireland in accordance with the laws of the Republic of Ireland and will be governed by the laws of that country.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Dental Digital Media, Ltd. and its licensors. The brand CrownID® is a worldwide trademark of Dental Digital Media, Ltd and may not be used in connection with any product or service without Our prior written consent.
The CrownID® mobile software application is made available for download solely for use according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, CrownID® HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
The parties to this agreement must keep the terms of this agreement confidential and must ensure that their officers and employees keep the terms of this agreement confidential, save for any necessary disclosure to their respective legal and financial advisers and any disclosure required for a purpose related to this agreement or the performance of the rights or obligations of any party to it, or by law.
If any provision of these Terms held by a court or other tribunal of competent jurisdiction to be invalid, illegal, void or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Dental Digital Media, Ltd.
These Terms, the Terms and Conditions of Use, the license agreement relating to any product or service you obtain on or through this Site, and our Privacy Policies , will be deemed the final and integrated agreement between You and Us on the matters contained in these Terms and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral.
Please contact us if you have any questions about these terms of use by email at contact@ddml.tech or by writing to us at:
Dental Digital Media, Ltd.
McCann Fitzgerald
Riverside One. Sir John Rogerson’s Quay Dublin 2
DO2 X576
Ireland