TERMS OF SERVICE AND WARRANTY AGREEMENT

1. DESIGN QUALITY ASSURANCE AND WARRANTY

CAE Dental (“Company”) is committed to ensuring the integrity, functionality, and quality of all digital design files and products. The Company, at its sole discretion, provides a limited warranty which may include a refund, replacement, or repair for defective designs, subject to the terms and conditions set forth herein.

2. DIGITAL FILE STORAGE POLICY

The Company maintains a digital archive of Computer‑Aided Design (“CAD”) and Computer‑Aided Manufacturing (“CAM”) files for a period of seven (7) years, subject to account status and activity. Access to stored files is governed by the following:

• Accounts in good standing with at least one active order placed within the preceding sixty (60) days shall retain access to stored files.
• Accounts with no new orders placed within sixty (60) days will have restricted access to stored files.
• Accounts with no new orders placed within ninety (90) days shall be deemed inactive. Active client-facing hosting will cease, and the Company is under no obligation to retain active or immediate cloud retrieval mechanisms for the customer’s data.

Customers requiring clarification regarding file retention must contact the Company directly.

3. DESIGN USE AND MODIFICATION PERIOD

The customer shall have thirty (30) days from the final design completion date or requested due date to fabricate the designed restoration. Dissatisfaction or modification requests submitted beyond this period shall be subject to a redesign fee.

4. ORDER CANCELLATION POLICY

Design orders must be canceled within one (1) hour of submission. Orders not canceled within this timeframe shall be subject to the full design charge, regardless of subsequent modifications or cancellation requests.

5. REFUND AND CHARGEBACK POLICY

Refunds, where applicable, shall be limited strictly to the invoice amount. For credit card transactions, processing fees charged by the card issuer are non‑refundable. The Company retains sole discretion in determining the applicability of refunds or credits under this Agreement.

Filing a credit card dispute or chargeback for services rendered or files downloaded in accordance with this Agreement constitutes a material breach of contract. The Company reserves the right to immediately terminate the account, forfeit all active licenses, and pursue collection costs for any improperly reversed funds.

Right of Refusal: The Company reserves the right to decline, cancel, or refuse any design order or customer account at its sole discretion, with or without cause. In the event of a cancellation initiated by the Company for an unfulfilled order, a full refund for that specific order will be issued.

6. DEFINITIONS: CORRECTIONS VS. REDESIGNS

For clarity and consistency, the following definitions apply:

• Correction: Adjustments required to align the design with the original instructions submitted at the time of order.
• Redesign: Any modification that changes, expands, or replaces the original instructions, parameters, or treatment plan. Redesigns are subject to redesign fees.

7. CUSTOMER RESPONSIBILITY FOR ACCURACY

The customer is solely responsible for the accuracy and completeness of all clinical data, scans, impressions, photographs, measurements, and instructions submitted. The Company shall not be liable for errors, inaccuracies, or design issues resulting from incomplete, inconsistent, or incorrect information provided by the customer.

8. REQUIRED INFORMATION AT SUBMISSION

All required clinical information, design parameters, and case instructions must be provided at the time of order submission. Missing, incomplete, or revised information constitutes a redesign and is subject to redesign fees.

9. EXCLUSIONS AND LIMITATIONS

The following circumstances are expressly excluded from coverage under this Agreement:

• Cash Refunds: The Company does not issue cash refunds for completed work.
• Removals and Reinsertions: Costs associated with removal or reinsertion of products are not covered.
• Consequential or Incidental Damages: The Company shall not be liable for loss of revenue, lost chair time, transportation costs, lost wages, pain and suffering, or any incidental or consequential damages.
• Third‑Party Modifications: Designs or appliances modified, repaired, or altered by third‑party laboratories are not covered.
• Incomplete Removable Prosthetic Information: Missing critical data (e.g., midline, vertical plane, bite registration, mold selection) shall result in a full redesign charge.
• Altered Preps or New Scans: Because digital design is bound to the exact geometric coordinates of the initial submission, any new intraoral scan or impression constitutes entirely new clinical anatomy and will be processed as a brand-new billable order, completely voiding any warranty ties to the previous design file.
• Non‑Recommended Treatment Options: If the customer elects to proceed with a treatment option contrary to Company recommendations, the warranty is void.
• File Format Conversions: Mesh and DME file conversions are provided “as‑is” and are non‑refundable.
• Design Turnaround Times: Delivery dates are estimates only and not guaranteed. Delays do not constitute grounds for refunds or cancellation. All stated design turnaround times are strictly calculated based on standard business days (Monday through Friday, excluding national and company holidays). Orders submitted after hours, on weekends, or on holidays will begin processing on the following business day.
• Customer Non‑Responsiveness: Turnaround times are contingent upon timely customer communication. Delays caused by missing information or lack of response do not constitute grounds for refunds, cancellation, or expedited service.
• Clinical Fit Disclaimer: The Company guarantees that design files will strictly match the digital impressions and parameters submitted by the customer. Because the Company has no control over impression taking, intraoral scanning accuracy, or post-design manufacturing (milling/printing) calibrations, the Company explicitly disclaims any liability for the final physical fit of the restoration in the patient’s mouth.

10. EXCESSIVE REDESIGN AND REVISION ABUSE POLICY

Complimentary redesigns are provided solely for corrections related to the original design specifications. Repeated changes to design requirements, requests that materially alter the original case parameters, or excessive use of redesign services fall outside the scope of complimentary coverage.

The Company reserves the right to:

• classify an account as exceeding allowable redesign usage,
• flag the account for policy overuse, and
• require payment of the applicable redesign fee prior to initiating any further revisions.

This policy applies regardless of the reason for the change when the requested modifications differ from the original submitted instructions.

11. CLINICAL LIABILITY DISCLAIMER

All designs are created based solely on the information provided by the customer. The Company does not diagnose, prescribe treatment, or make clinical decisions. The prescribing clinician retains full responsibility for verifying design suitability, ensuring proper fit, and determining clinical appropriateness.

12. DIGITAL GOODS LICENSE AGREEMENT

All digital products provided by CAE Dental are licensed, not sold. By purchasing digital products, the customer is granted a limited, non‑exclusive, non‑transferable, and revocable license to use the product under the following conditions:

• The customer shall not distribute, resell, sublicense, or transfer digital files to third parties.
• Digital files shall not be modified, reverse‑engineered, or used to create derivative works without prior written authorization.
• The license terminates immediately upon violation of these terms, and the customer must cease all use and destroy all copies of the digital files.

13. RIGHT TO REFUSE SERVICE

The Company reserves the right to refuse service, suspend accounts, or terminate access to services in cases of policy abuse, excessive revision demands, inappropriate conduct, or failure to comply with this Agreement.

14. PRICING AND FEE CHANGES

All pricing and fees are subject to change without prior notice. The applicable fee is the rate in effect at the time the order is placed.

15. GENERAL TERMS AND MODIFICATIONS

CAE Dental reserves the right to amend this Terms of Service and Warranty Agreement at any time without prior notice. Continued use of Company services constitutes acceptance of any modifications. Customers may obtain the most current version of this Agreement by visiting the Company’s official website or contacting customer service.

16. EXCLUSIVE SOFTWARE ARCHITECTURE AND COMPATIBILITY DISCLAIMER

• Exclusive 3Shape System Design Protocol: All digital dental design files, clinical modeling, and restoration architectures generated by the Company are produced exclusively and solely using validated 3Shape Dental System software. The Company does not utilize, support, or cross-reference alternative CAD software ecosystems (such as exocad or inLab) during the design phase.
• Customer Integration & Manufacturing Responsibility: The customer bears full and exclusive responsibility for ensuring that their in-house manufacturing hardware, milling centers, 3D printers, and CAM software are entirely compatible with native 3Shape outputs, proprietary 3Shape DME files, or standard exported formats.
• System-Specific Margin & Parameter Variations: The customer acknowledges that different dental CAD software programs naturally exhibit unique parameters, dimensional spacing algorithms, cement gaps, and marginal fit variances. CAE Dental designs strictly within validated 3Shape Control Panel value ranges. The Company shall not be liable for any fit discrepancies, seating issues, or physical dimensional failures that result from importing or translating a 3Shape-generated file into non-3Shape CAM or manufacturing environments.
• File Format Conversions and Warranty Exclusion: As established in Section 9 of this Agreement, mesh files and DME file conversions are provided strictly and are non-refundable. Any manual modifications, secondary file conversions, reverse-engineering, or format overrides applied by the customer or third-party laboratories to adapt the file for alternative software ecosystems will immediately void the entire design warranty and disqualify the order from complimentary corrections.

17. IMPLIED WARRANTY DISCLAIMER

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CAE DENTAL DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.

18. Geographic Jurisdiction and Dispute Resolution

Governing Law & Venue: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflicts of law principles. Any legal action, suit, or proceeding arising out of or relating to this Agreement must be instituted exclusively in the state or federal courts located in [Lee County], Florida.

19. Intellectual Property (IP) Indemnification

The customer warrants that they possess all legal rights, licenses, and permissions for all clinical data, scans, proprietary file types, and intellectual property submitted to the Company. The customer agrees to indemnify, defend, and hold harmless CAE Dental from any claims of intellectual property infringement stemming from customer-provided data.

ACKNOWLEDGMENT

By placing an order, the customer acknowledges and agrees to all terms set forth in this Agreement.