Terms and Conditions for Using Our Services:
These terms and conditions (“Terms”) govern the use of the services provided by ClearTPS (“Service Provider”).
By accessing or using our services, you (“Client”) agree to be bound by these Terms.
1. Responsibilities of the Service Provider
a. Clinical Expert Assignment: The Service Provider shall assign experienced Clinical Experts to handle the Treatment Plan Optimization ™ on behalf of the Client.
b. Optimization Standards: The Service Provider shall exercise due diligence and utilize best practices in Treatment Plan Optimization ™, adhering to software best practices, industry standards, and guidelines. Additionally, the Service Provider shall consider the Client’s preferences, patient goals, and overall desired outcomes when optimizing the treatment plan.
c. Notification of Optimization: The Service Provider will inform the Client through the portal and via email once the Treatment Plan Optimization ™ process has commenced. The Client will receive a notification indicating that the optimization is underway, ensuring transparency and keeping the Client informed throughout the process.
d. Timely Initiation: The Service Provider shall initiate work on the case within 2 business days (Monday to Friday) from the moment an order is created on the designated Service Provider case management portal, provided that the Setup is ready for evaluation. If the Setup is not ready, the Service Provider will actively monitor the progress and provide updates to the Client regarding any issues, delays, or additional requirements communicated by Aligner Provider.
e. Total Turnaround Time: The Service Provider shall deliver the finalized optimized treatment plan to the Client within a service level total turnaround time of 5 to 10 working days, excluding weekends. The turnaround time is calculated based on an average of 2 to 3 modifications per case. This timeline ensures careful attention to each case and enables the Service Provider to initiate the necessary evaluation, optimization, and modifications in a timely manner, ensuring the highest level of service and quality.
f. Notification or Completion: The Service Provider will notify the Client through the designated case portal and via email when the case is ready for review and approval. The notification email will contain clinical notes and considerations for the finalized optimized treatment plan.
2. Client’s Responsibilities
a. Access Provision: The Client shall provide access to the Service Provider by creating a staff account on their Aligner Provider Portal, granting access to cases for Treatment Plan Optimization ™ purposes.
b. Order Submissions: The Client shall submit each case as an order through the Service Provider’s designated case management portal. This ensures streamlined communication and efficient handling of the case treatment plan process.
c. Timing of Modifications: The Client agrees not to make any modifications to the case once they have submitted an order until they receive a notification from the Service Provider confirming that the case is ready for review and approval. Making modifications before receiving the notification may cause unnecessary delays and potential disruptions to the optimization process.
d. Review and Approval: The Client shall review and approve the final optimized treatment plan proposed by the Service Provider. The Client acknowledges that they have the ultimate decision-making authority in approving the treatment plan.
e. Modification Request: If the Client requires additional adjustments, they have the option to submit a modification request. The Service Provider will review the request and work collaboratively with the client to address their concerns and make the necessary adjustments to the treatment plan.
f. Legal Liability Acknowledgement: The Client acknowledges and assumes full legal liability for the outcomes of the treatment plans approved by them. While the Service Provider aims to optimize treatment plans for the best possible results, they shall not be held liable for any complications, side effects, or unsatisfactory outcomes that may arise from the treatment.
3. Scope of Services
Clinical evaluation to determine the clinical applicability of clear aligner treatment
Diagnosis of malocclusion to determine best clinical course of action.
Developing comprehensive treatment plan
Virtual setup is optimized to maximize predictability and efficiency while achieving treatment goals.
Unlimited modifications for each Full Service.
Includes free case refinement, if required unless stipulated by a volume pricing agreement.
4. Fees. The fees associated with the Services are as follows:
a. Full Service Treatment Plan Optimization™: A one-time fee of $299 per case. Payment is required in advance.
b. Case Evaluation: This service is complimentary, but is limited to 2 case evaluations per month per client.
c. Refinements: The first refinement is provided at no additional cost, provided that the case was originally optimized by ClearTPS. Subsequent refinements are available at a fixed rate of $125 .
d. Bundle Discounts: Special discounts on fees may be available when multiple cases are bundled together. These discounts will be specified in accordance with the terms of any ongoing promotions or agreements.
e. Volume Level Pricing: For inquiries related to a high volume of cases, customized pricing options are available, based on volumes. Please contact us for more information and specific pricing details.
These fee arrangements are designed to ensure transparency and provide clear information about the cost structure associated with the Services.
5. Limitation of Liability
a. The Client acknowledges and assumes full legal liability for the outcomes of the treatment plans approved by them. While the Service Provider strives to optimize treatment plans for the best possible results, they shall not be held liable for any complications, side effects, or unsatisfactory outcomes that may arise from the treatment.
b. The Service Provider shall not be liable for any direct, indirect, incidental, consequential, or punitive damages, including but not limited to financial losses, arising from the use of our services or any reliance on the treatment plans provided.
c. The Client understands that the success and effectiveness of the treatment plans may vary depending on individual factors, such as patient compliance, oral health condition, and other variables beyond the control of the Service Provider.
6. Confidentiality and Data Privacy:
a. We understand the importance of maintaining confidentiality and protecting your personal information. We are committed to complying with applicable data protection and privacy laws, including the Health Insurance Portability and Accountability Act (HIPAA) and the General Data Protection Regulation (GDPR).
b. We have implemented reasonable measures to ensure the security and confidentiality of your data. Please refer to our Data Privacy Policy for detailed information on how we collect, use, store, and protect your personal information.
c. By using our services, you acknowledge and consent to the collection, processing, and storage of your personal information in accordance with our Data Privacy Policy.
d. We will not disclose your personal information to third parties except as required by law or with your explicit consent.
7. Intellectual Property
a. All intellectual property rights associated with the services provided by the Service Provider are owned by or licensed to the Service Provider.
b. The Client may not reproduce, distribute, modify, or exploit any content or materials provided by the Service Provider without the prior written consent of the Service Provider.
8. Modifications to the Terms
The Service Provider reserves the right to modify or update these Terms at any time. Any changes will be effective immediately upon posting on the Service Provider’s website or notifying the Client directly. Continued use of the services constitutes acceptance of the modified Terms.
9. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Texas, USA. Any disputes arising out of or related to these Terms shall be subject to the exclusive jurisdiction of the courts of Texas, USA.
Please review these Terms carefully before using our services.
If you have any questions or concerns, please contact us at [email protected]
Last Update: 16 Nov, 2023
By accessing or using our services, you acknowledge that you have read, understood, and agreed to these Terms.
Definitions of some key terms mentioned in the Terms and Conditions:
Service Provider: The entity or organization responsible for providing Treatment Plan Optimization ™ services to the Client, as outlined in these Terms and Conditions.
Clinical Experts: Qualified and experienced orthodontic professionals employed or engaged by the Service Provider, responsible for the evaluation and optimization of treatment plans.
Treatment Plan Optimization ™: The process of assessing and enhancing orthodontic treatment plans, considering clinical best practices, patient preferences, and desired outcomes, to achieve optimal results.
Client: The individual or entity seeking Treatment Plan Optimization ™ services from the Service Provider as outlined in this agreement.
Aligner Provider: The organization or entity that provides initial orthodontic treatment plan setups for evaluation and optimization by the Service Provider.
Portal: An online platform or system provided by the Service Provider or Aligner Provider for the purpose of submitting, reviewing, and managing orthodontic treatment plans and related communications.
Setup: The initial orthodontic treatment plan provided by the Aligner Provider, which serves as the basis for optimization by the Service Provider.
Modification Request: A formal request submitted by the Client to make changes or adjustments to the treatment plan after the initial optimization has been provided by the Service Provider.
Refinement/Revision: At the completion of treatment, additional aligners my be required to complete the treatment to the desired outcome. In this instance, a refinement or revision digital treatment plan set up may need to be diagnosed and optimized.
Turnaround Time: The specified duration within which the Service Provider is committed to delivering the finalized optimized treatment plan to the Client, as outlined in these Terms and Conditions.
Legal Liability: The legal responsibility or accountability assumed by the Client for the consequences, results, or outcomes of the treatment plans they approve, as outlined in these Terms and Conditions.
These definitions clarify the meaning of key terms used throughout the Terms and Conditions, ensuring a common understanding of the agreement.