TERMS OF USE OF THE DIGILAB DIGITAL SERVICE PLATFORM
These Terms of Use (hereinafter the "TOU") govern the relationship between the company DIGILAB, a Simplified Joint-Stock Company (Société par Actions Simplifiée) with a share capital of 10,000 euros, whose registered office is located at 55 avenue Foch 75016 Paris, registered with the Paris Trade and Companies Register under number 999 221 831 (hereinafter referred to as the "Provider") and users (hereinafter referred to as the "User").
The Provider and the User are hereinafter collectively referred to as the "Parties" without any joint liability between them.
The Provider is a company that publishes, supplies and maintains a software platform intended for dental laboratories (and to a lesser extent dental practices) aimed at centralizing and automating the digital workflow of impressions, orders and prosthetic documents (hereinafter the "Solution").
The Solution is accessible as a remote service at https://app.digilab.dental/, https://inbox.digilab.dental/ (or "SaaS mode"), from any desktop or laptop computer, or tablet. Certain features are also accessible on smartphones, via a QR code providing access to a simplified view of an Order. The Solution is hosted by Google Cloud, a host certified as a "Health Data Host" in France and certified compliant with the ISO/IEC 27001 standard:
- Postal address: 8 RUE DE LONDRES, 75009 PARIS
- Email address: contact@google.com
The Provider may be contacted by email at the following address: contact@digilab.dental or by post at the address stated above.
Definitions
"Practice(s)" means the practice, a legal entity that is a client of the Client, grouping together several Practitioners and Associates.
"Identification Card" means the card, issued by the Laboratory and available on the Platform, containing all information relating to each Produced Case, corresponding to a dental device number.
"Case" means all Work relating to a dental medical device carried out by the Laboratory on the basis of the Validated Order (e.g. modeling, manufacturing and finishing for a dental prosthesis, surgical guide or orthodontic treatment plan).
"Client" means the legal entity (in particular the dental laboratory) or natural person who subscribes to the Solution in the course of their professional activity in order to benefit from it and/or to allow Users to benefit from it.
"User Account" means the account linked to the User of the Solution, namely the dental technician, Client personnel and the Practitioner. This includes a login and password specific to each User (the "Credentials"). The User's Credentials are confidential.
"Data" means (i) information transmitted to the Solution by the Client and/or the User during use, and/or (ii) all data stored by the Provider on behalf of the Client, within the framework hereof.
"Personal Data" means any information relating to an identified or identifiable natural person, directly or indirectly. In this context, it particularly refers to User and patient Data. It may include sensitive Personal Data.
"Practitioner(s)" means any professional in the dental field (e.g. dentist, dental surgeon, stomatologist, orthodontist, etc.) officially recognized in their country of practice and who may, in this capacity, order Cases.
"Services" means all the features made available to the User on the Solution, relating to the reception, centralization and harmonization of digital orders.
"User": means any natural person under the responsibility of the Client and/or any Practitioner, Practice or subcontractor of the Client authorized by the Client to connect to the Solution and benefit from the Services in accordance with the provisions hereof.
ARTICLE 1 – PURPOSE AND SCOPE
These TOU define the rights and obligations of the User regarding the use of the Solution and Services, and govern the relationship between the User and the Provider. Failure to accept the TOU may prevent continued use of the Solution.
This document is accessible at any time in the footer of the Solution.
At any time, if the User disagrees with any of the clauses of these TOU, they must immediately inform the Provider by any means and cease all use of the Solution's features.
These TOU may be subject to subsequent modifications which will be brought to the attention of the User by any means.
Similarly, if the User disagrees with any of the modifications made, they must immediately inform the Provider by any means and cease all use of the Solution's features.
The Solution is accessible to any User with Internet access. All costs relating to this access are exclusively borne by the User.
The User also acknowledges being fully aware of the constraints associated with Internet access and use, and being sufficiently informed that information transfers over the Internet provide only a relative level of technical security and reliability.
ARTICLE 2 – THE SERVICES
The Solution includes a set of predefined features identical for all registered Clients. This Solution includes in particular:
- Hosting and support via chatbot and tickets;
- Collection of orders either manually or automatically from the communication systems of intraoral scanners,
- Tracking of said orders, with status updates when the order is validated,
- Online provision (and viewing) of 2D, 3D image files and videos for a period of 3 weeks,
- Interfacing the Solution with third-party laboratory management software,
This provision is made via remote access, in order to allow server-side processing of data transmitted by the Client.
In particular, the Services allow the Client to receive digital files from various intraoral scanners on the market on a single platform. In addition, they allow the Client to consult the dental Practitioner's instructions and the ability to download them.
ARTICLE 3 – CONDITIONS OF ACCESS TO THE SOLUTION AND MAINTENANCE
3.1 Access to the Solution
The Solution is accessible to several categories of users, including laboratory administrators, dental center administrators and dental practitioners, and subcontractors of the Client (the "Users"). For the purposes of these terms, Users include the Client's personnel as well as its own clients, namely dental Practices and Practitioners, and the Client's subcontractors, for whom the Client has, where applicable, opened a User Account and who hold valid credentials.
This access must be granted and exercised under the conditions provided for by these TOU and under the sole responsibility of the Client. The Client undertakes to ensure compliance with the obligations set forth herein by all Users and shall remain responsible for any use of the Solution made by them.
User access to the Services is carried out for each use using the Credentials chosen by the User. The Credentials may only be used to allow access to the Services for Users authorized by the Client, in order to guarantee the security of the Client's and the User's Data. The Credentials may not be communicated to third parties, including other Users. The User is solely responsible for any use that may be made of their Credentials and is solely responsible for their confidentiality as well as any use of their User Account. The User undertakes to immediately notify the Provider of any unauthorized use of their account of which they become aware, so that the Provider may take without delay any appropriate measures to remedy the security breach.
In the event of loss or misappropriation of Credentials, the Provider reserves the right to close or suspend the affected User Account, without incurring any liability.
The DIGILAB Solution is strictly reserved for internal professional use by prosthetics laboratories and factories, within the framework of their prosthetics design, manufacturing and management activities.
It is strictly prohibited to use DIGILAB to create, operate or supply, directly or indirectly, platforms for connecting or intermediating between Practitioners and prosthetics laboratories.
Any non-compliant use, as well as any attempt to divert the Solution for such purposes, will result in the immediate suspension or deactivation of access to the Solution, without prior notice or right to compensation.
3.2 Maintenance periods
The Solution is normally accessible 24/7, except:
- during periods of unavailability related to maintenance operations necessary for the proper functioning of the Solution and subject to periods of unavailability of the Solution,
- during periods of unavailability resulting from force majeure or an event beyond the Provider's control, such as incidents, bugs or failures that may affect online applications or Internet access.
Where technically possible, the Provider will endeavor to notify the User of any interruption as soon as possible and by any means. Access to the Services may be momentarily interrupted, without compensation and without service obligation, for reasons of necessity related to the Services and in particular to ensure maintenance of the Solution or the Provider's servers. In this case, the Client will be informed by any means at least twenty-four (24) hours in advance.
In the event of a security breach identified by the Provider, of a nature likely to seriously compromise the security of the Services and/or Data, the Provider may, without prior notice, momentarily interrupt the Services in order to remedy the security breach as soon as possible.
For needs related to onboarding or the resolution of routine and non-blocking incidents, the Provider provides the User with automated technical support via a support chat. The Provider also makes available to the User support materials, such as demonstration videos. Interactions conducted via the support chat, whether automated or with a technical advisor, are processed exclusively for the purpose of tracking User requests.
For all other support requests related to the resolution of serious and blocking incidents, the User is invited to contact the Publisher by email at the following address: support@digilab.dental.
ARTICLE 4 – DATA
4.1 General
In order to make the Services available to the Client, the Solution collects all relevant information from Users in connection with the Client (administrator, personnel, Clients), either manually or automatically via cloud communication accounts between the Client and its own clients, dental Practices and Practitioners. This information is and remains the exclusive property of the Client. This Data is strictly confidential and shall remain so for an unlimited period beyond the duration of this Contract and the performance of the Services.
4.2 Personal Data
4.2.1 In the context of providing the Services, the Parties undertake to comply with all obligations resulting from the application of any applicable legislation relating to the protection of personal data, in particular those arising from the French Data Protection Act of 6 January 1978 as amended and, since 25 May 2018, from EU Regulation 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data ("Applicable Regulations").
With regard to Personal Data collected and processed by each of the Parties on their own behalf for the purposes of administrative management hereof, each Party acknowledges processing such data in the capacity of Data Controller within the meaning of the GDPR and undertakes in this capacity to comply with all obligations incumbent upon them in this capacity.
The Provider shall in no case be liable for failure by the Client to comply with its legal or contractual obligations with regard to Personal Data potentially integrated into the Software by the User.
4.2.2 In its capacity as Data Controller within the meaning of the GDPR, the Provider may, on the basis of its legitimate interest, the User's consent, or in the performance of its contractual obligations, process the User's Personal Data, in particular for the purpose of offering promotional content relating to dental products and consumables. Such content may be personalized based on the User's use of the Solution or information provided by the Client and the User to benefit from the Services.
4.2.3 In accordance with the GDPR, the User may at any time exercise their rights of access, rectification, portability and deletion of their Personal Data, as well as rights of restriction or objection to such processing, by contacting the Provider at the following email address: dpo@digilab.dental.
For more information on the processing of their Personal Data and their rights, the User is invited to consult DIGILAB's Privacy Policy.
ARTICLE 5 – USER OBLIGATIONS
The User undertakes to comply with the conditions of use of the Solution, to comply with applicable laws and regulations, and not to infringe the rights of third parties or public order.
Furthermore, the User warrants that no information communicated during the use of the Services infringes the rights of third parties or is contrary to the law, public order and good morals. The User undertakes not to usurp the identity of another person or entity, falsify or conceal their identity, age or create any false identity. It is the User's responsibility to ensure, under their own liability, the accuracy and completeness of the Data transmitted.
The User undertakes to comply with any technical instructions given by the Provider necessary for the proper functioning of the Solution.
In order to facilitate the proper performance of the Services, the User undertakes to:
- provide the Provider with complete, accurate information and documents within the required timeframes, without the Provider being required to verify their completeness or accuracy;
- designate a contact person with decision-making authority and, as far as possible, available to assist the Provider as needed, in order to enable the Provider to fulfill its obligations related to the provision of Services to the User and the Client;
- directly inform the Provider of any potential difficulty relating to the performance of the Services.
The User undertakes never to use the Solution in a manner that could harm the Provider and its affiliated companies, other Users, or the proper functioning of the Solution.
ARTICLE 6 – LIABILITY
The Provider cannot be held liable for information generated or otherwise transmitted by the User and gives no warranty, express or implied, in this regard.
The Provider is also under no obligation to pre-screen, monitor or modify information entered by the User on the Solution. The Provider shall not be liable for choices made by the User; similarly, the User agrees that the Provider is in no way responsible for the administration and outcome of proposed prosthetic treatments.
The Solution relies on data transmitted by intraoral scanners as well as on the communication methods defined by the manufacturers of such equipment. The Provider shall not be held liable for developments, modifications or decisions made by these manufacturers that may impact the availability or quality of the service.
The Provider's liability shall also be excluded in the event of use of the Platform in conditions not compliant with these TOU.
Furthermore, the Provider shall not be held liable for the non-functioning, inability to access or malfunction of one or more features of the Solution attributable to the User's Internet service provider and/or the Internet network. The same shall apply for all other reasons external to the Provider.
The User undertakes to indemnify and hold harmless the Provider and its subsidiaries, affiliates, representatives, agents and personnel from any claim resulting from the use of the Solution not in compliance with these TOU, from the User's failure to comply with these TOU or from other actions on their part related to prohibited use of the Solution.
The Provider endeavors to update the Solution regularly. However, it cannot be excluded that Services may be unavailable at the time of the User's visit; in such case, the Provider cannot be held liable.
ARTICLE 7 – INTELLECTUAL PROPERTY
The Client and Users remain owners of their respective Data.
The Provider is and remains the sole holder of intellectual property rights over the Solution, and in particular, over the general structure of the Solution as well as over texts, images, videos, online tutorials, photographs, sound and any other element composing the Solution, these terms not effecting any transfer of intellectual property rights for the benefit of the Client or the User.
Any exploitation, whether commercial or not, including any downloading, copying, reproduction, distribution, transmission, broadcasting, adaptation, translation or full or partial representation of the Solution by any current or future means and process on any current or future medium without the prior written authorization of the Provider, is prohibited and may give rise to legal proceedings.
In general, any total or partial reproduction, modification or use of these elements for any reason and on any medium whatsoever, without the express prior consent of the Provider, is strictly prohibited.
The same applies to any combination or conjunction with any other distinctive sign intended to form a composite logo.
In the event of a claim relating to third-party rights, the User shall indemnify and hold harmless the Provider from any consequences that may arise therefrom.
ARTICLE 8 – EFFECTIVE DATE AND DURATION
These Terms of Use come into effect upon their acceptance by the User, upon their first connection to the Solution using their Credentials.
In any event, the TOU are enforceable against the User for the entire duration of use of the Solution, including during browsing.
ARTICLE 8 – TERMINATION
The User may terminate their User Account at any time by contacting the Provider at the email address indicated on the first page of these TOU.
The Provider undertakes to provide, upon request from the User, a copy of all their Data within a reasonable timeframe, including available histories and backups at the time of closure of the User Account.
ARTICLE 9 – FORCE MAJEURE
The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the French Civil Code.
ARTICLE 10 – MISCELLANEOUS
10.1. Non-waiver
The fact that either party to these TOU has not required the application of any clause whatsoever, whether permanently or temporarily, shall in no case be considered as a waiver of the rights of that party arising from said clause.
10.2. Severability
If one or more provisions of these TOU are held to be invalid or declared as such under any law, regulation or following a final decision of a competent court, the other provisions of these TOU shall retain their full force and effect.
Where applicable, the Provider undertakes to remove and replace the said clause with a legally valid clause as soon as possible.
10.3. Headings
In the event of difficulty in interpretation between the heading and the chapter of any article and any clause, the headings shall be deemed unwritten.
10.4. Bloctel
The Provider informs the User that, in accordance with applicable regulations on telephone canvassing, the User may register free of charge on the Bloctel telephone canvassing opposition list available at the following URL: https://www.bloctel.gouv.fr/
In the event that the User is registered on the Bloctel list, and unless said contact is necessary for the performance of the Provider's contractual obligations, the Provider shall refrain from contacting the User by telephone.
ARTICLE 11 – APPLICABLE LAW AND JURISDICTION
These TOU are governed by and construed in accordance with French law.
Any dispute relating to their interpretation and/or performance as well as relations between the Provider and a User, after an amicable attempt at conciliation, shall fall within the jurisdiction of the courts of Paris, France.
These TOU are drafted in French, and any translation into a foreign language is provided for information purposes only, French being the only authoritative language.
The Parties both act in a professional capacity within the framework hereof.
Version current as of 23 March 2026