Revision Table Nov 21, 2022

Revision of Terms of Service (Nov 21, 2022)

1. Revision Table

Revisions applied as a whole : The existing branding of 3Dme has been changed to Dentbird. So, in the existing terms of service, 3Dme Service was collectively changed to Imagoworks Service (including Dentbird).

Before (Version of 2022-05-26)After (Version of 2022-11-21)

I. ACCEPTANCE AND UPDATES

I. PURPOSE AND UPDATES

1.Acceptance

These 3Dme Terms of Service (“Terms of Service”) govern access to and use of and the website and mobile app of Imagoworks Inc. (“Imagoworks,” “we” or “our”)(collectively, “Imago Website” https://imagoworks.ai and https://3dme.ai) and the use of 3Dme services (“3Dme Service”) and the rights, obligations and necessary matters between users of 3Dme Service and Imagoworks.

By accessing 3Dme Service, including signing up as a user or clicking “agree,” you agree to and are bound by these Terms of Service. If you are accessing or using 3Dme Service on behalf of a business or entity, then “you” and “your” includes you and that business or entity. These Terms of Service are basically applied to all 3Dme Services, but separate terms and operating policies may be applied for each individual service to comply with relevant laws and regulations and to achieve the purpose of each service. If you do not agree with these Terms of Service, you may not use 3Dme Service.

1.Purpose

These Dentbird Terms of Service (“Terms of Service”) govern access to and use of and the website and mobile app of Imagoworks Inc. (“Imagoworks,” “we” or “our”)(https://imagoworks.ai, https://imagoworks.gitbook.io, https://dentbird.com, https://cloud.dentbird.com, https://crown.dentbird.com,https://accounts.dentbird.com/ (collectively, “Imago Website”)) and the use of Dentbird services (“Imagoworks Service”) and the rights, obligations and necessary matters between users of Imagoworks Service and Imagoworks.

These Terms of Service apply to all Imagoworks services by default, but separate terms of service and operating policies may be applicable for each individual service in order to comply with relevant laws and regulations and to achieve the purpose of each service.

2. Updates

Imagoworks may make changes to the Terms of Service from time to time, and if we do, we will notify you in accordance with Section 1 of Article IX. Unless otherwise noted, the amended Terms of Service will be effective immediately, and your continued use of 3Dme Service will confirm your acceptance of the changes. If you do not agree to the amended Terms of Service, you may stop using 3Dme Service and withdraw your membership.

2. Updates (Changes to the Terms of Service)

Imagoworks may make changes to the Terms of Service from time to time in accordance with its sales policy, and if we do, we will notify you in one or more of the following methods below:

• Posting through one or more Imagoworks website (https://imagoworks.ai, https://imagoworks.gitbook.io, https://dentbird.com, https://cloud.dentbird.com, https://crown.dentbird.com, https://accounts.dentbird.com/)

• Notification by email

• Notification by mobile phone message (SMS, LMS, MMS)

• Notification by postal mail

Unless otherwise noted, the amended Terms of Service will be effective immediately, and your continued use of Imagoworks Service will confirm your acceptance of the changes. If you do not agree to the amended Terms of Service, you may stop using Imagoworks Service and cancel your membership.

Unless otherwise stipulated in a clause or provision of these Terms of Service, the notifications methods of this Article apply to all cases of notification or notice stated in these Terms of Service.

II. 3DME SERVICE

III. IMAGOWORKS SERVICE

III. CONTENT

VI. ATTRIBUTION OF RIGHTS RELATED TO CONTENT

IV. MEMBERSHIP

II. MEMBERSHIP

2. Signing Up for Membership

You (including individuals, your business, corporations, and other legal) must fill the membership application form set by Imagoworks, consent to the collection, provision, and use of personal information by Imagoworks, and agree to these Terms of Service in order to use Imagoworks Service. If you do not agree to any of the above, you will not be able to use Imagoworks Service.

2. Account

In order to become a registered member of 3Dme Service, you must establish an account (the “Account”). You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account even if that activity is not by you or is without your knowledge or consent. You further acknowledge and agree that 3Dme Service is designed and intended for personal use on an individual basis and you should not share your Account and/or password details with another individual. Imagoworks shall not be responsible for any losses arising out of the unauthorized use of your Account.

In order to use 3Dme Service, you must enter your ID and password to authenticate your Account. You agree to provide accurate and complete information when you register with, and as you use, 3Dme Service, and you agree to keep your Account information accurate and complete. Failure to provide accurate, current and complete Account information may result in the suspension and/or termination of your Account. You agree that Imagoworks may store and use your Account information you provide for maintaining and billing fees to your Account.

3. Account

In order to become a registered member of Imagoworks Service, you must set up an account (“Account”). You are solely responsible for maintaining the confidentiality and security of your Account for all activities that occur on or through your Account, even if it is not by you or without your knowledge or consent. You further acknowledge and agree that Imagoworks Service is designed and intended for personal use on an individual basis and that your Account and/or password details should not be shared with any other individual. Imagoworks is not responsible for any loss caused by unauthorized use of your Account.

3. Type of Membership

There are free and paid memberships available for you. You may upgrade your free membership to a paid membership or cause a paid membership to revert to a free membership. Changing your level of membership will allow or suspend access to certain services or features. Pricing policies of paid memberships shall be determined by the type of paid membership and may include use charges, payment method fees, and applicable taxes and surcharges. All payments must be paid on time and you have the responsibility to provide correct and sufficient credit card information. If payment is not received in a timely manner, Imagoworks reserves the right to restrict all services to you or terminate your accessibility of the Account.

4. Membership Types

There are free and paid memberships. You can upgrade your free membership to a paid membership or revert your paid membership to a free membership. If you change your membership type, access to certain services or features may be granted or suspended. Pricing for paid membership is determined by the type of paid membership and may include usage fees, payment processing fees, and applicable taxes and surcharges. All payments must be made on time, and you are responsible for providing accurate and appropriate credit card information. If payment is not made on time, Imagoworks reserves the right to restrict all services to you or terminate access to your Account.

4. Cancellation of Paid Membership

If you choose to stop using 3Dme Service, you may cancel it by expressly notifying Imagoworks 14 days prior to the cancellation date of 3Dme Service.

5. Withdrawal from Paid Membership

If you choose to stop using Imagoworks Service, you may terminate the service by giving explicit notice to Imagoworks fourteen (14) days prior to the date of termination.

V. PAYMENT TERMS

IV. PAYMENT TERMS

Subject to Section 2 of Article IV, the service fee (the “Service Fee”) for 3Dme Service is established in the Account and subject to change periodically in Imagoworks' discretion. Any taxes or duties related to the Service Fee incurred within your country shall be borne by the paid membership users.

If your billing information and payment source you provided to use 3Dme Service is invalid, if charges billed to you are declined or not paid, or you fail to pay the charges when due, the use of 3Dme Service may be suspended at our sole discretion until you have paid for all the used 3Dme Service.

In accordance with Article 4, paragraph 2, the service fee for Imagoworks Service (“Service Fee”) is set in the Account and may be changed periodically by Imagoworks at its sole discretion. Any taxes or duties related to Service Fees incurred within your country will be borne by the paying member user.

VI. INTELLECTUAL PROPERYT RIGHTS

VII. ATTRIBUTION OF RIGHTS RELATED TO IMAGOWORKS SERVICE

1.Intellectual Property Rights

You acknowledge and agree that Imagoworks owns all legal right, title and interest in and to 3Dme Service, including but not limited to graphics, user interface, scripts, and software used to implement 3Dme Service, and any software provided to you as a part of and/or in connection with 3Dme Service (the “Software”), including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist, and all other materials that are stored, displayed or accessible on 3Dme Service through the Imagoworks’ website or mobile app. You further agree that 3Dme Service (including the Software, or any other part thereof) contains proprietary and confidential information that is protected by applicable laws, including but not limited to copyright and patent laws. You agree that you will not use the Software or other proprietary information and materials in any way whatsoever except for use of 3Dme Service in compliance with these Terms of Service. No portion of 3Dme Service may be reproduced in any form or by any means except as expressly permitted in these Terms of Services.

Imagoworks shall not be held liable for any infringement of intellectual property rights of third parties resulting from the creation of Content by users, or disputes on intellectual property rights between users arising from users using the Content of other users.

1.Intellectual Property

You acknowledge and agree that Imagoworks owns all legal rights, title and interest in and to Imagoworks Service, including but not limited to graphics, user interfaces, scripts, and software used to implement Imagoworks Service, and any software provided to you as a part of and/or in connection with Imagoworks Service (“Software”), including any and all intellectual property rights, whether registered or not, and wherever in the world they may exist, and all other materials that are stored, displayed or accessible on Imagoworks Service through the Imagoworks’ website or mobile app. You further agree that Imagoworks Services (including the Software or any part thereof) contain proprietary and confidential information protected by applicable laws, including but not limited to copyright and patent laws. You agree not to use the Software or other proprietary information and materials in any way except to use Imagoworks Services in accordance with these Terms of Service. No part of Imagoworks Services may be reproduced in any form or by any means except as expressly permitted in these Terms of Service.

VII. INFORMATION COLLECTED BY IMAGOWORKS

VII. ATTRIBUTION OF RIGHTS RELATED TO IMAGOWORKS SERVICE

2. Personal Information

You acknowledge that, except as described in these Terms of Service, the personal information you provide to us or that we collect may be used and protected as described in the Imagoworks Privacy Policy (the “Privacy Policy”).

You acknowledge and agree that we may access, preserve, or share any of your personal information when we believe in good faith that such sharing is reasonably necessary to investigate, prevent, or take action regarding possible illegal activities or to comply with legal process (e.g., a subpoena or other legal process). We may also share your personal information in situations involving potential threats to the physical safety of any person, violations of the Privacy Policy or the Terms of Service; or to respond to the claims of violation of the rights of third parties and/or to protect the rights, property and safety of Imagoworks, our employees, users, or the public. This may involve the sharing of your personal information with law enforcement, government agencies, courts, and/or other organizations. The subject to the Privacy Policy, you may request Imagoworks to view, correct, or delete your personal information at any time, and you may withdraw you consent to provide personal information to Imagoworks.

2. Personal Information

You acknowledge that, except as described in these Terms of Service, the personal information you provide to us or that we collect may be used and protected as described in the Imagoworks Privacy Policy (the “Privacy Policy”).

VIII. TERMINATION

IX. TERMINATION

IX. DISCLAIMERS, LIMITATIONS OF LIABILITY, INDEMNIFICATION AND TRADE RESTRICTIONS

X. DISCLAIMERS, LIMITATIONS OF LIABILITY, INDEMNIFICATION AND TRADE RESTRICTIONS

X. GENERAL

XI. GENERAL

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