Terms of sale and use

1. Purpose

These terms govern the subscription to the LabLink Smile online software (hereinafter "the Service"), published by FBN (hereinafter "the Publisher"), and its use by any professional dental laboratory (hereinafter "the Laboratory") and by the users to whom it grants access (staff, prescribing practitioners).

The Service allows the Laboratory to manage its catalogue, its dental practice clients, its orders, quotes and invoices, to receive digital impression files and to communicate with prescribing practitioners. It is reserved for dental professionals and is not offered to consumers.

Any subscription implies unreserved acceptance of these terms, of the privacy policy and of the data processing agreement (DPA), which forms an integral part of them.

2. Subscription and free trial

The Laboratory subscribes to the Service online by providing the requested information. Subscription opens a free trial period, without commitment and without a credit card, whose duration is indicated at the time of subscription.

At the end of the trial, the Laboratory may continue by taking out a monthly subscription, whose price and any options are indicated at the time of subscription. Otherwise, access switches to read-only under the conditions of Article 7.

The subscription is billed monthly and paid by the payment method chosen at subscription. Any month started is due. Prices may be revised subject to reasonable notice given to the Laboratory, which remains free to terminate before the new price takes effect.

3. Term and termination

The subscription is entered into for a term of one month, tacitly renewed for successive one-month periods. It carries no minimum commitment.

The Laboratory may terminate at any time from its account or in writing. Termination takes effect at the end of the current monthly period; no new period is billed after that date.

The Publisher may terminate as of right in the event of a serious breach by the Laboratory not remedied within thirty days of formal notice, or of persistent non-payment. In all cases, the Laboratory benefits from the reversibility provided for in Article 10.

4. Obligations of the Publisher

The Publisher uses reasonable means to ensure continuous availability of the Service, excluding scheduled maintenance notified in advance, force majeure and third-party failures (hosting provider, carriers, connected services).

The Publisher performs regular encrypted backups of the Service's data, hosts it on infrastructure located in France and applies the security measures described in the privacy policy and the DPA.

The Publisher provides email support on the business days and hours indicated on the website, and informs the Laboratory of substantial changes to the Service.

5. Obligations of the Laboratory

The Laboratory guarantees the accuracy of the legal and administrative information it provides (company name, address, business identifiers, invoicing details) and keeps it up to date; this information appears on the documents the Service issues in its name.

The Laboratory remains solely responsible for its relations with its practice clients: price and quality of its services, lead times, quotes, invoices, and compliance of the custom-made medical devices it manufactures or has manufactured, with regard to the applicable regulations and the ethics of its profession. The Publisher is neither a manufacturer nor a distributor of medical devices, nor the provider of the work ordered through the Service.

The Laboratory manages its own users and the access it grants to its staff and practitioners. It keeps its credentials confidential, informs the Publisher without delay of any unauthorised use, and refrains from any use of the Service contrary to the law, to third-party rights or to its intended purpose.

The Laboratory undertakes not to enter any directly identifying patient data in the Service's reference fields (patient references are anonymised internal codes) and to have its practitioners comply with this rule.

6. Data and confidentiality

The processing of personal data is described in the privacy policy. For the data the Laboratory records in the Service, the Laboratory is the data controller and the Publisher acts as a processor, under the conditions of the data processing agreement (DPA) concluded with each Laboratory.

The data recorded by the Laboratory (in particular its list of practice clients, its prices, its volumes, its orders and its accounting documents) remains its exclusive property and is strictly confidential. The Publisher undertakes not to disclose it to any third party, not to use it for commercial, statistical, prospecting or development purposes, and not to derive any competitive advantage from it, including in aggregated or anonymised form.

The Publisher's authorised staff may only access the Laboratory's space for assistance or maintenance, to the extent strictly necessary; this access is flagged on screen throughout the intervention and fully logged, and the log is provided to the Laboratory on simple request.

7. Suspension for non-payment

In the event of a payment default not remedied after a reminder, the Laboratory's access to the Service switches to read-only: its files, documents and invoices remain viewable and exportable, but no creation or modification is possible. The Laboratory's practitioners are subject to the same restriction.

Full access is restored as soon as the situation is regularised. Failing regularisation, the Publisher may terminate under the conditions of Article 3; the data then remains accessible under the reversibility conditions of Article 10.

8. Intellectual property

The Service, its code, its interfaces, its trademarks and its documentation remain the exclusive property of the Publisher. The Laboratory receives a non-exclusive, non-assignable and non-transferable right of use, limited to the duration of the subscription and to its own needs.

The data, content and documents entered or imported by the Laboratory and its practitioners remain the property of the Laboratory, which grants the Publisher only the right to host and process them in order to provide the Service.

9. Liability

The Service is a management tool. Clinical decisions, prescriptions and approvals rest exclusively with practitioners; the compliance of manufactured devices rests with the manufacturing laboratories. The Publisher cannot be held liable for the content of the quotes, invoices and documents the Laboratory issues through the Service.

The Publisher's total aggregate liability, on any grounds whatsoever, is capped at the amounts actually paid by the Laboratory for the subscription during the twelve months preceding the event giving rise to the claim.

The Publisher is not liable for indirect damages, in particular loss of business, loss of revenue, loss of clientele or damage to reputation, nor for damages resulting from a failure of third-party services connected to the Service.

10. Reversibility

At the end of the subscription, whatever the cause, the Laboratory may export its data (practices, orders, quotes, invoices, files) in a standard format, during the period indicated in the DPA.

Beyond that period, the data is deleted in accordance with the DPA, with the exception of documents whose retention is legally required.

11. Changes to the terms

The Publisher may amend these terms. The Laboratory is informed at least one month before they take effect; if it does not accept them, it may terminate before that date. Continued use of the Service constitutes acceptance of the new terms.

12. Applicable law and jurisdiction

These terms are governed by French law. In the event of a dispute, the parties shall first seek an amicable solution. Failing that, the dispute shall be brought before the competent courts of the Publisher's registered office, notwithstanding multiple defendants or third-party proceedings.