1. Introductory provisions
These Terms of Service govern the rights and obligations between the provider of the SmileCrop application (the "Provider") and the person who downloads the application, purchases a license, activates a trial version, or uses the application (the "Customer" or "User").
SmileCrop is a desktop software application intended for automatic cropping, sorting, renaming, and organization of photographs from orthodontic photographic documentation. The application is a workflow and image-processing tool. It does not perform diagnosis, does not provide medical recommendations, and does not replace the professional assessment of a healthcare professional.
The application is designed so that photo processing takes place locally on the User's device. By default, the Provider does not receive, store, or process patient photographs on its servers.
2. Definitions
- Application — the SmileCrop software for a desktop device.
- License — a non-exclusive right to use the Application in accordance with these Terms and the License Terms.
- License Key — a unique code used to activate and verify the License.
- Subscription — recurring paid access to the Application for a monthly or annual period.
- Trial Period — time-limited free use of the Application before License activation is required; currently 14 days.
- Business Customer — a person acting in connection with their business activity or profession when purchasing.
- Consumer — a natural person acting outside their business activity or profession.
3. Order, conclusion of contract, and payment
The contract is concluded at the moment the order is confirmed by the payment provider or the Provider, or at the moment the License Key or Application is made available, whichever occurs first.
Payments and the sale of the Subscription are processed through Paddle.com Market Limited ("Paddle"), acting as Merchant of Record and authorized reseller of the product. The purchase and payment relationship is between the Customer and Paddle under Paddle's terms. The Provider remains the supplier of the Application and the contractual party for the License Terms, technical support, and use of the product. Paddle is shown as seller on the receipt and is responsible for payment processing, invoicing, calculating and remitting applicable taxes, and Subscription administration.
Prices shown on the website are displayed including VAT where expressly stated. Final tax treatment by country, currency conversion, and invoice details are handled by the Merchant of Record and shown in the Paddle checkout before the Customer confirms payment.
4. Delivery of the Application and License Key
The Application is distributed electronically through the Microsoft Store, or by another method expressly stated on the download page. The License Key or right to activate the paid License is delivered electronically, typically to the email address entered during the order, in the Paddle customer portal, or by another notified electronic method.
The Customer is responsible for the correctness of the email address and other information provided during the order. The Provider is not liable for delay or non-delivery caused by incorrect details, spam filters, or technical settings on the Customer's side.
Functionality, minimum hardware, supported Windows versions and formats, internet requirements, offline use, and device binding are described in the System Requirements and Compatibility information, which forms part of the pre-contract information.
5. Trial Period
The Provider allows free trial use of the Application for 14 days without entering a payment card. After the Trial Period ends, further use of the Application may be conditional on an active License.
The Trial Period is intended to allow the Customer to verify whether the Application meets the Customer's needs, workflow, operating system, and type of photographs. During this period, the Customer should test the Application on their own device and with their own workflow structure.
6. Subscription, renewal, and cancellation
If the License is sold as a Subscription, it is billed repeatedly for the selected period, typically monthly or annually. The Subscription renews automatically until the Customer cancels it or until it is terminated under these Terms.
The Customer may cancel future Subscription renewal in the Paddle customer portal (the link is usually included in the order confirmation email), by contacting support at support@smilecrop.app, or by the method stated in the checkout. Cancellation of the Subscription usually does not result in a refund of the amount already paid for the current period; access remains active until the end of the paid period unless stated otherwise.
If a renewal payment fails, the License may be suspended or terminated. The Provider may allow a short grace period to resolve the failed payment, but is not obliged to do so.
7. License Terms
Use of the Application is governed by separate License Terms / EULA, which form part of the contractual documentation. In the event of a conflict between these Terms and the License Terms in matters of technical use of the Application, the License Terms prevail.
Unless agreed otherwise in writing, the License is non-transferable, non-exclusive, and limited to the number of activations or devices stated at purchase or in the license settings.
8. Updates, availability, and changes to the Application
For the duration of the Subscription, the Provider supplies updates necessary to maintain the agreed properties, compatibility, and security of the Application and informs the User when they are available. The Provider may also issue other bug fixes and optional improvements. If the User fails to install a necessary update within a reasonable time after being properly informed of its availability and the consequences of not installing it, the Provider is not liable for a defect caused solely by that failure.
The Provider makes efforts to keep the Application functional but does not guarantee that it will be error-free, compatible with every hardware/software configuration, or suitable for every internal Customer workflow.
9. Customer obligations
- Use the Application in accordance with the law, these Terms, and the License Terms.
- Ensure that the Customer has the right to process photographs and other files inserted into the Application.
- Do not send patient photographs or other sensitive personal data to the Provider unless there is an explicit reason and a safely agreed procedure.
- Back up original photographs and output files outside the Application.
- Do not circumvent license restrictions, share the License Key with unauthorized persons, or attempt reverse engineering except within the limits of mandatory law.
- Verify the results of automatic processing before using them in documentation or communication with a patient.
10. Medical and professional use
The Application is intended as a technical tool for processing image files. It does not perform medical analysis, diagnosis, treatment recommendations, or clinical decision-making. Responsibility for creating, maintaining, and using medical documentation rests with the relevant healthcare professional or healthcare facility.
The Customer acknowledges that automatic cropping or sorting may be inaccurate in individual cases. Outputs must be checked before archiving, sharing, or using them in a professional process.
11. Complaints and defective performance
Rights arising from defective performance and the complaints procedure are governed by the separate Refund & Complaints Policy, which forms part of the contractual documentation.
12. Consumer withdrawal from the contract
If the Customer is a Consumer, the Customer generally has the right to withdraw from a distance contract within 14 days. For digital content or a digital service, however, this right expires if the Consumer expressly agrees to performance beginning before the expiry of the withdrawal period and acknowledges that by doing so they lose the right of withdrawal (Section 1837 of Act No. 89/2012 Coll., the Czech Civil Code).
The free 14-day Trial Period without a payment card is not a paid order. When the Customer later purchases a paid License, however, the License is made available immediately after payment. A Consumer therefore expressly requests during checkout that paid performance begin before the end of the 14-day withdrawal period and acknowledges that the withdrawal right expires once the License is made available. The consent is recorded with the order.
Details are provided in the Refund & Complaints Policy. These provisions do not apply to the same extent to Customers acting as Business Customers.
13. Liability and limitation of liability
The Provider is liable for damage only to the extent required by mandatory legal regulations. To the maximum extent permitted by law, the Provider is not liable for indirect damage, loss of profit, loss of data, loss of business opportunity, business interruption, or damage caused by incorrect use of the Application.
The Customer is obliged to regularly back up data and keep original files. The Application should not be the sole storage location for important photographs or documentation.
14. Personal data protection
Processing of personal data is described in the separate Privacy Policy. The Customer acknowledges that patient photographs processed locally in the Application are not normally transferred to the Provider.
15. Changes to the Terms
The Provider may reasonably change these Terms, especially due to changes in the Application, legal regulations, payment process, or security requirements. The Provider will inform Customers about material changes in an appropriate manner. Changes do not have retroactive effect on an already paid period unless necessary for legal or security reasons.
16. Governing law and alternative dispute resolution (ADR)
These Terms are governed by the laws of the Czech Republic unless mandatory legal provisions provide otherwise. Any disputes will be resolved before the competent courts of the Czech Republic, unless mandatory legal regulations grant the Consumer another right.
ADR is not a court proceeding and does not automatically award a refund. The Consumer first attempts to resolve the problem directly with the Provider. If no agreement is reached, the Consumer may ask the Czech Trade Inspection Authority to help the parties find an amicable solution. The proposal can be submitted online and subsequent communication normally takes place electronically, particularly by email. The Authority cannot issue a binding decision in the private dispute or force either party to agree.
If a consumer dispute relating to the License or the Provider's services cannot be resolved directly, the Consumer may submit it for alternative dispute resolution to the Czech Trade Inspection Authority, Central Inspectorate – ADR Department, Gorazdova 1969/24, 120 00 Prague 2, Czech Republic, email: adr@coi.gov.cz; see coi.gov.cz/informace-o-adr/. The proposal must be submitted under the Authority's rules and form no later than one year after the Consumer first asserted the right against the Provider. Disputes arising from the separate payment relationship may instead fall within Paddle's responsibility or that of another competent body under mandatory law.