These Terms of Service ("Terms") govern your access to and use of BestOrto, a service operated by Vivid & Shine d.o.o. ("we", "us", or "our"). By creating an account or using the service, you agree to these Terms.

1. Service Description

BestOrto is a cloud-based orthodontic compliance platform that enables orthodontists to automate WhatsApp reminders for aligner patients, collect compliance feedback, and monitor patient progress through a web dashboard.

2. Eligibility

BestOrto is intended for licensed orthodontic and dental professionals. By registering, you confirm that you are a qualified professional legally permitted to treat patients in your jurisdiction. The service is not intended for direct use by patients.

You must be at least 18 years old and have the legal authority to enter into these Terms on behalf of yourself or your organisation.

3. Account Registration

You are responsible for maintaining the confidentiality of your account credentials.
You must provide accurate and complete information at registration.
You are responsible for all activity that occurs under your account.
Notify us immediately at brunoblumen@gmail.com if you suspect unauthorised access.
One account per person or organisation. Accounts are non-transferable.

4. Subscription and Payment

BestOrto is offered on a subscription basis with the plans described on our pricing page. All prices are in EUR and exclude VAT where applicable.

Subscriptions are billed monthly and renew automatically.
Payment is processed by Stripe. We do not store card information.
You may cancel your subscription at any time; access continues until the end of the current billing period.
We reserve the right to change pricing with 30 days' notice to existing subscribers.
Refunds are not provided for partial months or unused periods, except where required by applicable law.

5. Free Trial

New accounts receive a 14-day free trial with limited functionality. No credit card is required for the trial. We reserve the right to modify or discontinue trial terms at any time.

6. Your Responsibilities

You agree to:

Obtain all necessary consents from your patients before adding their data to BestOrto and sending them WhatsApp messages.
Comply with applicable data protection laws (including GDPR) in your jurisdiction.
Comply with WhatsApp's Business Policy and Meta's terms when communicating with patients via the platform.
Use the service only for lawful purposes related to orthodontic patient compliance management.
Keep patient data accurate and up to date.
Not share your account credentials with others.

7. Prohibited Use

You must not:

Use BestOrto for any unlawful purpose or in violation of any regulations.
Attempt to gain unauthorised access to any part of the service or other users' accounts.
Reverse-engineer, decompile, or attempt to extract the source code of the service.
Use automated tools to scrape or extract data from the platform.
Send spam or unsolicited messages to patients via the broadcast feature.
Upload malicious code or attempt to disrupt service availability.
Resell, sublicense, or commercially exploit the service without our written permission.

8. Data Ownership and Processing

You retain ownership of all patient and clinic data you enter into BestOrto. You grant us a limited licence to process that data solely to provide the service. We act as a data processor for patient data on your behalf. You remain the data controller and are responsible for having a lawful basis for processing your patients' data.

Upon account termination, you may request an export of your data within 30 days. After that period, data may be deleted in accordance with our Privacy Policy.

9. Intellectual Property

BestOrto, including its software, design, and content, is the property of Vivid & Shine d.o.o. and is protected by intellectual property laws. These Terms do not grant you any rights to our trademarks, logos, or proprietary technology beyond what is necessary to use the service.

10. Availability and Service Levels

We aim to provide a reliable service but do not guarantee 100% uptime. We may perform scheduled or emergency maintenance that temporarily interrupts the service. We will endeavour to notify users in advance of planned downtime.

We are not liable for any interruption in WhatsApp message delivery caused by Twilio, Meta, or network conditions outside our control.

11. Disclaimers

BestOrto is a communication and compliance tracking tool. It is not a medical device and does not provide clinical advice. Clinical decisions remain entirely the responsibility of the treating orthodontist. We make no warranties that the service will meet your specific requirements or that it will be error-free.

12. Limitation of Liability

To the maximum extent permitted by applicable law, Vivid & Shine d.o.o. shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of BestOrto, including but not limited to loss of revenue, data, or business opportunities.

Our total liability to you for any claim arising under these Terms shall not exceed the amount you paid us in the three months preceding the claim.

13. Termination

You may terminate your account at any time via the billing settings or by contacting us. We may suspend or terminate your account if you breach these Terms, with or without notice depending on the severity of the breach. Upon termination, your right to access the service ceases immediately.

14. Governing Law

These Terms are governed by the laws of the Republic of Croatia. Any disputes shall be subject to the exclusive jurisdiction of the courts of Zagreb, Croatia, unless otherwise required by applicable consumer protection law in your country.

15. Changes to These Terms

We may update these Terms from time to time. We will notify account holders by email at least 14 days before material changes take effect. Continued use of the service after the effective date constitutes acceptance of the updated Terms.

16. Contact

For questions about these Terms:
brunoblumen@gmail.com
Vivid & Shine d.o.o., Siget 19c, 10000 Zagreb, Croatia