Medit Link Terms and Conditions

Welcome to Medit Link

This legal agreement between you and Medit governs your use of the Medit Link software, services, and websites (collectively referred to as the "Service"). When we speak of “Medit,” “we,” “us,” and “our,” we mean Medit Corp. and its affiliates. It is important that you read and understand the following terms. By clicking "agree," you are agreeing that these terms will apply if you choose to access or use the service.

Medit is the provider of the Service, which permits you to utilize certain Internet services, including storing your personal content (such as contacts, email address, scan data, etc) and making it accessible on your compatible devices and computers, and certain location-based services, only under the terms and conditions set forth in this Agreement.

Arbitration Notice for U.S. Users: These terms include an arbitration clause and a waiver of the right to bring a class action against us. Except for certain types of disputes mentioned in the arbitration clause, you and Medit agree to resolve any disputes between the parties through binding and mandatory arbitration, and you and Medit agree to waive the right to participate in a class action or class-wide arbitration.

I. REQUIREMENTS FOR USE OF THE SERVICE

A. Availability of Service

The Service is only available to Dentists and Dental technicians. However, if your Medit ID is provided at the request of relevant Dentists and Dental technicians, you will be allowed to use the service. We do not knowingly collect, use or disclose personal information from children under 18, or equivalent minimum age in the relevant jurisdiction, without verifiable parental consent.

To use the Service, you cannot be a person barred from receiving the Service under the laws of the Republic of Korea or other applicable jurisdictions, including the country in which you reside or from where you use the Service. By accepting this Agreement, you represent that you understand and agree to the foregoing.

B. Devices and Accounts

Use of the Service may require compatible devices, Internet access, and Medit Link software; may require periodic updates, and may be affected by the performance of these factors. Medit reserves the right to limit the number of Accounts that may be created from a device and the number of devices associated with an Account. The latest version of required software may be required for certain transactions or features. You agree that meeting these requirements is your responsibility.

C. Limitations on Use

You agree to use the service only within the purpose permitted in accordance with this Agreement and further agree to use the service only within the scope of the pertinent laws and regulations, rules or practice generally acknowledged under applicable country/region with jurisdiction. Additional storage capacity and service may be purchased by the method described hereunder. Any act in excess of bandwidth or storage capacity (for example, back up or e-mail account capacity) appropriately or reasonably restricted shall be prohibited, and in the event that it is in excess, your Medit Link use may be restricted. In the event that your service use or other activity threatens the service provided capacity or other system of Medit with intentional or negligent act, Medit shall have the right to take all reasonable measures to protect the service and Medit system. As part of such a measure, the access to your service may be suspended. In the event that the restriction of use is breached repeatedly, your account may be terminated.

You are hereby affirmed as the representative of covered entity, business associate or medical and medical insurance related institution or its business associate as defined under the US Federal Code 45 C.F.R § 160.103 and you hereby agree not to illegally generate, receive, maintain or transmit any protected health information as defined under the US Federal Code 45 C.F.R § 160.103 by using any configuration element, function or other characteristics of Medit Link.

D. Ability to Use the Service

All or part of the Service or feature may not be available for use in all languages or in all countries. Medit does not make any representation that all or part of the Service or features may be supplied or are fit for use in any particular location. Within the limit of your permitted access to the Service, you may use the Service under your own judgment, and you would be responsible for compliance with the relevant law and regulations.

E. Changing the Service

Medit reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Service, provided that Medit will give you 30 days’ advance notice of any material adverse change to the Service or applicable terms of service, unless it is not reasonable to do so due to circumstances arising from legal, regulatory, or governmental action; to address user security, user privacy, or technical integrity concerns; to avoid service disruptions to other users; or due to a natural disaster, catastrophic event, war, or other similar occurrence outside of Medit’s reasonable control.

II. MEMBERSHIP SUBSCRIPTION

Upon agreeing to the Terms and Conditions, your account will be provided with the cloud storage and services specified in your Medit membership plan. Additional storage space and service are available for use by purchasing and modifying your membership.

A. Payment

You may modify the membership by subscribing to fee-based membership or cancelling subscription. Please refer to https://support.medit.com for the features related to the membership plan provided by Medit.

Total price shall include membership subscription charges, applicable credit card surcharges, as well as applicable legal and taxes following the effective tax rate as of the time for upgrade purchase, and the charges related to additional storage capacity shall be paid automatically based on the application date of each month from the date user applies for fee-based membership to the time of your modification or termination. In the event that you applied for the fee-based membership at your account for the first time, the Service may be offered free of charge for 1 month, and such benefit may be terminated without any notice.

The applicable membership charge for fee-based membership shall apply immediately upon the application for a subscription. If you apply to cancel subscription of fee-based membership, the benefit may be continued to be offered until the subsequent monthly billing date, and all benefits available for the fee-based membership shall extinguish and your membership shall change to free membership on the same monthly billing date.

You shall pay all charges in due time, and for the payment of charges, you will have the responsibility to provide correct and sufficient credit card or payment account information to Medit. If Medit does not receive the charges through your credit card or payment account, Medit has the right to change your membership to free membership without your consent, in which event, you may not enjoy normal use due to lack of storage space in the cloud.

Medit may contact you via e-mail or others for any of several reasons (including but not limited to the limiting or exceedance of your storage capacity) related to your account.

B. Right of Cancel

If you choose to cancel your membership after the initial purchase, you may cancel it by expressly notifying Medit by contacting the Medit Support Team within 14 days of receiving the e-mail confirmation after commencing the renewal period.

In order to fulfill the cancellation period, you shall send the intent of cancellation prior to the expiry of the 14 days period.

Customers of EU countries and Norway shall retain the right to notify using the following method of cancellation.

Receiver: Medit Distribution International, Ireland Republic, Cork, Holly Hill, and Holly Hill Industrial Complex

I hereby notify you that the Agreement as follows has been canceled:

[Subscribed for membership and period (For example, upgrade each month for Medit Link Premium membership)

Place the order on [date insertion]

Customer name

Customer address

Date

C. Effect of Membership Cancellation and Modification

Medit shall refund within 14 days from the date of receiving your notice for cancellation. Medit shall use the same payment method with the method that you used for transaction and you shall not pay any fees for such a refund.

Upon cancellation of the payment, your membership will immediately change to the free membership. In the event that the payment was not successfully completed due to any problem in your payment method, a payment failure message will be delivered to you and the membership will be changed to the free membership.

If your membership subscription has been modified to free membership, and your data exceeds the provided basic storage space, you will not be able to upload additional scan data and will be restricted from ordering.

III. YOUR USE OF SERVICE

A. Your Account

As a registered user of the Service, you must manage an Account. Do not reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify Medit of any security breach of your Account. You further acknowledge and agree that the Service is designed and intended for personal use on an individual basis and you should not share your Account and/or password details with another individual. Provided we have exercised reasonable skill and due care, Medit shall not be responsible for any losses arising out of the unauthorized use of your Account resulting from you not following these rules.

In order to use the Service, you must enter your ID and password to authenticate your Account. You agree to provide accurate and complete information when you register with, and as you use, the Service ("Service Registration Data"), and you agree to update your Service Registration Data to keep it accurate and complete. Failure to provide accurate, current and complete Service Registration Data may result in the suspension and/or termination of your Account. You agree that Medit may store and use the Service Registration Data you provide for use in maintaining and billing fees to your Account.

B. No Conveyance

Nothing in this Agreement shall be construed to convey to you any interest, title, or license in a Medit ID, email address, domain name, or similar resource used by you in connection with the Service.

C. No Right of Survivorship

Unless otherwise required by law, you agree that your Account is non-transferable and that any rights to your Medit ID or content within your Account are terminated upon your death. Upon receiving a copy of a death certificate, your Account may be terminated and all Content within your Account deleted.

D. No Resale of Service

You agree that you will not reproduce, copy, duplicate, sell, resell, rent or trade the Service (or any part thereof) for any purpose.

IV. CONTENT AND YOUR CONDUCT

A. Content

"Content" means any information that may be generated or encountered through use of the Service, such as scan image, data files, written text, graphics, photographs, messages and any other like materials. You understand that all Content, whether publicly posted or privately transmitted on the Service is the sole responsibility of the person from whom such Content originated. This means that you, and not Medit, are solely responsible for any Content you upload, download, email, transmit, store or otherwise make available through your use of the Service. Medit does not control the Content posted via the Service, nor does it guarantee the accuracy, integrity or quality of such Content. You understand and agree that your use of the Service and any Content is solely at your own risk.

In case you scan through Medit Link, it will be created in the form of the scanned image or data of the raw data and the data stored in your account by reproducing such raw data. All data except for the raw data are accessible via the cloud at any time, unless such data is deleted by you. You agree that access to the raw data shall be allowed for 6 months only, and after such 6 months, access to such raw data would not be possible.

B. Your Conduct

You agree that you will NOT use the Service to:

a. upload, download, post, email, transmit, store or otherwise make available any illegal health information content that is unlawful, invasive of another’s privacy, or otherwise objectionable;

b. pretend to be anyone, or any entity, you are not — you may not impersonate or misrepresent yourself as another person, entity, another Medit Link user, an Medit employee, or otherwise misrepresent your affiliation with a person or entity (Medit reserves the right to reject or block any Medit ID or email address which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person’s name or identity);

c. engage in any copyright infringement or other intellectual property infringement (including uploading any content to which you do not have the right to upload), or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement;

d. illegally collecting health information without a patient’s explicit consent;

e. post, send, transmit or otherwise make available any unsolicited or unauthorized email messages, advertising, promotional materials, junk mail, spam, or chain letters, including, without limitation, bulk commercial advertising, and informational announcements;

f. upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Service (or any part thereof), or any other computer software or hardware;

g. interfere with or disrupt the Service (including accessing the Service through any automated means, like scripts or web crawlers), or any servers or networks connected to the Service, or any policies, requirements or regulations of networks connected to the Service (including any unauthorized access to, use or monitoring of data or traffic thereon);

h. plan or engage in any illegal activity; and/or

i. gather and store personal information, health information on any other users of the Service to be used in connection with any of the foregoing prohibited activities.

C. Removal of Content

You shall understand that Medit shall not be held liable in any way possible for the contents provided by other people and have no obligation to disconnect such contents in advance. However, Medit shall retain the right to determine whether the contents are appropriate or comply with this Agreement at all times, and once the contents are considered to breach this Agreement, the contents may be cut off, moved, rejected, revised and/or removed in advance at liberal discretion without advance notice.

D. Back Up Your Content

You are responsible for backing up, to your own computer or other device, any important documents, images or other Content that you store or access via the Service. Medit shall use reasonable skill and due care in providing the Service, but Medit does not guarantee or warrant that any Content you may store or access through the Service will not be subject to inadvertent damage, corruption or loss.

E. Access to Your Account and Content

Medit reserves the right to take steps Medit believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You acknowledge and agree that Medit may, without liability to you, access, use, preserve and/or disclose your Account information and Content to law enforcement authorities, government officials, and/or a third party, as Medit believes is reasonably necessary or appropriate, if legally required to do so or if Medit has a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to (a) comply with legal process or request; (b) enforce this Agreement, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Medit, its users, a third party, or the public as required or permitted by law.

Medit may access your Content for purposes of statistics, research, etc. You agree that Medit may access to your Content for purposes of statistics, research, etc. provided that such access does not affect your use of Service in Medit link and Medit does not modify any of your data.

Media may provide your Content to third parties through connection with program of other parties with your consent. Medit may offer the relevant service after providing you with prior notice that your Content may be shared with third parties.

F. Content Submitted or Made Available by You on the Service

Except for material we may license to you, Medit does not claim ownership of the materials and/or Content you submit or make available on the Service. You agree that any Content submitted or posted by you shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws.

G. Trademark Information.

Medit, the Medit logo, Medit Link, the Medit Link logo and other Medit trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of Medit Inc. in the South Korea and/or other countries. You are granted no right or license in any of the aforesaid trademarks, and further agree that you shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Service.

V. SOFTWARE

A. Medit’s Proprietary Rights

You acknowledge and agree that Medit and/or its licensors own all legal right, title and interest in and to the Service, including but not limited to graphics, user interface, the scripts and software used to implement the Service, and any software provided to you as a part of and/or in connection with the Service (the "Software"), including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that the Service (including the Software, or any other part thereof) contains proprietary and confidential information that is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with this Agreement. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted in these terms.

B. License From Medit

The use of the software or any part of the service, except for use of the service as permitted in this agreement, is strictly prohibited and infringes on the intellectual property rights of others and may subject you to civil and criminal penalties, including possible monetary damages, for copyright infringement.

C. Collection of your device’s information

You shall understand and agree that the information is collected and used from your account, scan equipment, peripheral expiration for the purpose of providing Medit with the feedback on the service quality and usefulness.

D. Updates

From time to time, Medit may update the Software used by the Service. In order to continue your use of the Service, such updates may be automatically downloaded and installed onto your device or computer. These updates may include bug fixes, feature enhancements or improvements, or entirely new versions of the Software.

E. Provision of Advertisements

Medit may provide advertisements of Medit or other companies in a part of the service screen provided to you such as the notice page, order window, etc. within Medit link, and you agree with such advertisements.

VI. TERMINATION

A. Voluntary Termination by You

You may delete your Medit ID and/or terminate the user of service at any time. If you terminate your account and delete your Medit ID, you shall not link to the service with the applicable Medit ID. Such an act is irrevocable. All expenses paid prior to your expiration, including all expenses paid before the payment date of your expiration shall not be refunded (Excluding the case of especially permitting under this Agreement). The termination of your account does not exempt you from the obligation to pay the expenses or charges generated.

B. Termination by Medit

Medit may terminate all or part of the access authority on your account and/or service without advance notice under certain situations at any time. Such a cause of expiration is shown as follows: (a) Breach of this Agreement, other policy or guideline posted on the service and/or mentioned under this Agreement; (b) your request to cancel or terminate your account; (c) request and/or order of judicial enforcement agency, judicial agency or other government agency; (d) in the event that your service provision may be illegal or possibly illegal; (e) agenda or issue of unexpected technology or security; (f) your participation in fraudulent or illegitimate activities; or (g) failure to pay the expenses imposed on you in relation to the service. All such expiration shall be made by Medit in accordance with the full discretion of Medit and Medit shall not be liable to you or any third party regarding all losses inflicted by the expiration of link to your account and/or service. In addition, in the event that there is (a) no record of using(accessing) your account for two years or (b) full suspension of provision for the service or part thereof, Medit may terminate your account after providing notice at least 30 days in advance via the email connected to your account.

C. Effects of Termination

Upon termination of your Account you may lose all access to the Service and any portions thereof, including, but not limited to, your Account, Medit ID, email account, and Content. In addition, after a period of time, Medit will delete information and data stored in or as a part of your account(s). Any individual components of the Service that you may have used subject to separate software license agreements will also be terminated following those license agreements.

VII. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

Some jurisdictions do not allow the exclusion of certain warranties, as such, to the extent such exclusions are specifically prohibited by applicable law, some of the exclusions set forth below may not apply to you.

Medit shall use reasonable skill and due care in providing the service. The following disclaimers are subject to this express warranty.

Medit does not guarantee, represent, or warrant that your use of the service will be uninterrupted or error-free, and you agree that from time to time medit may remove the service for indefinite periods, or cancel the service following the terms of this agreement.

You expressly understand and agree that the service is provided on an "as is" and "as available" basis. Medit and its officers, directors, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In particular, medit and its officers, directors, employees, agents, partners and licensors make no guarantee that (i) the service will meet your requirements; (ii) your use of the service will be timely, uninterrupted, secure or error-free; (iii) any information obtained by you as a result of the service will be accurate or reliable; and (iv) any defects or errors in the software provided to you as part of the service will be corrected.

Medit does not represent or guarantee that the service will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and medit disclaims any liability relating thereto.

Any material uploaded, downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your device, computer, or loss of data that results from the download of any such material. You further acknowledge that the service is not intended or suitable for use in situations or environments where the failure or time delays of, or errors or inaccuracies in, the content, data or information provided by the service could lead to death, personal injury, or severe physical or environmental damage.

You understand and agree that medit has no obligation to take security measures in accordance with jurisdictions’ health information laws. If you use the service to upload, download, post, email, transmit, store or otherwise provide health information, you are solely responsible for doing so.

A. Limitation of Liability

Some jurisdictions do not allow the exclusion or limitation of liability by service providers. To the extent such exclusions or limitations are specifically prohibited by applicable law, some of the exclusions or limitations set forth below may not apply to you.

Medit shall use reasonable skill and due care in providing the service. The following limitations do not apply in respect of loss resulting from (a) medit’s failure to use reasonable skill and due care; (b) medit’s gross negligence, wilful misconduct or fraud; or (c) death or personal injury.

You expressly understand and agree that medit and its officers, directors, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, cost of procurement of substitute goods or services, or other intangible losses (even if medit has been advised of the possibility of such damages), resulting from: (i) the use or inability to use the service (ii) any changes made to the service or any temporary or permanent cessation of the service or any part thereof; (iii) the unauthorized access to or alteration of your transmissions or data; (iv) the deletion of, corruption of, or failure to store and/or send or receive your transmissions or data on or through the service; (v) statements or conduct of any third party on the service; and (vi) any other matter relating to the service.

B. Indemnification

You shall agree to exempt all Medit, officers of Medit, directors, employees, agents, cooperative companies, contractors and parties granted the right of use, from all claims including reasonable attorney's fees raised by a third party in relation to any of the following: (a) Your submittal, posting, transmission of all contents provided through the service, (b) Your use of service, (c) Your breach of Agreement, (d) All measure of Medit practiced as part of the investigation on the suspicious breach of Agreement or all measures of Medit practiced as a result of determination or decision for breach of Agreement, or (e) In the event of using and providing the medical information by upload, download, posting, e-mail forwarding, transmission, saving or any other method through the illegal collection for service, (f) In the case of users in Europe, if GDPR is breached, (f) Related to interfering with the right of other persons or any claim or demand thereof. Namely, it means that you shall not be able to raise any litigation against Medit, officers of Medit, directors, employees, agents, cooperative companies, contractors and parties granted the right of use with respect to the decision of Medit to take any other measures under the discretion of Medit that there has been a breach of this Agreement or while certain information or contents are removed, refuse to process thereto, place a warning on you, terminating your linkage to the service, or investigating for suspicion of this Agreement. Such a provision for waiving right or exemption of responsibility shall be applied to all violations specified or expected from this Agreement. Such an obligation shall be effective even if this Agreement or your service use expires or matures. You acknowledge that you have responsibility for the use of service through your account and this Agreement shall apply to your account use. You agree that this Agreement shall be complied with and defend and exempt Medit from all claims and demands arising from your account use irrelevant to granting of the express authority.

C. GDPR

In general, dental clinics and other hospitals apply to the entities subject to apply GFDPR the processing of sensitive information of users. For the case of users in the EU, it is recommended to review the security, compliance with regulations and data protection process for flawless work of yours. Medit shall not be responsible for your breach of the GDPR provisions, and while using Medit Link. You shall consent to bear all responsibilities and obligations under GDPR to protect your customer information.

Medit collects personal information of users by applying the AWS Cloud that acquired the Privacy Shield Certification for protecting the personal information of users. The AWS service assures that all services after implementing GDPR shall comply with GDPR.

In addition, Medit has designated “Law Firm Veat” as the DPO (Data Protection Officer) and it monitors the status to carry out the laws for GDPR and other personal information protection laws and regulations, such as GDPR-related legal advisory, internal information protection activity management and others. The contact of DPO is shown as follows.

Person in charge: sc.baek@veat.kr

Contact: +82-02-576-8990

Medit shall separately comply with the technical and managerial matters defined by GDPR and it shall provide the data for you to comply with GDPR, and sets forth the notices along with other measures. Medit keeps the information of users in Europe by encrypting it and it takes the technical measures for data storage.

You shall guarantee to comply with the guidelines of Medit, and the user shall have the obligation to take individual measures on GDPR, such as procedure to collect information of patients for dental clinic and others, appointment of DPO and so forth, and it shall be agreed that the exclusive responsibilities for breach of such GDPR obligation shall be on users.

VIII. GENERAL

A. Notices

Medit may provide you with notices regarding the Service, including changes to this Agreement, by email to your Medit Link email address (and/or other alternate email address associated with your Account if provided), or SMS, by regular mail, or by postings on our website and/or the Service.

B. Governing Law

Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Medit shall be governed by the laws of the Republic of Korea, excluding its conflicts of law provisions. You and Medit agree to submit to the personal and exclusive jurisdiction of the Seoul Central District Court located within Seoul, Republic of Korea, to resolve any dispute or claim arising from this Agreement. If (a) you are not a Republic of Korea citizen; (b) you do not reside in the Republic of Korea; (c) you are not accessing the Service from the Republic of Korea; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs them:

If you are a citizen of any U.S., European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.

C. Electronic Contracting

Your use of the Service includes the ability to enter into agreements and/or to make transactions electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on this service, including notices of cancellation, policies, contracts, and applications. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

Last Revised: September 24