Terms & Conditions
Mobile application end-user licence agreement between end-use and licensor. The effective date of this agreement is the date you download the app (as defined below). Please read carefully before signing up or using our app. This end-user licence agreement (EULA) is a legal agreement between you (end-user or you) and DNC Technologies Limited of 1B High Street, Swanley, Kent, BR8 8AE United Kingdom (licensor, us or we) for:
Brushlink® mobile application software, the data supplied with the software, and the associated media (App); and
Online or electronic documents. We license the use of the app and documents to you on the basis of this EULA and subject to any rules or policies applied by any app store provider or operator from whose site, located at www.Brushlink.Com (App Site), the end-user downloaded the app (App Store Rules). We do not sell the app or documents to you. We remain the owners of the app and documents at all times.
The Brushlink® mobile app requires a device with at least iOS 10 or Android 4.3, Internet access, and Bluetooth.
If you do not agree to the terms of this licence, we will not license the app and documents to you and you must stop the downloading or streaming process now by clicking on the “Cancel” button below. In this case the downloading or streaming process will terminate.
You should print a copy of this EULA for future reference.
1.1 The terms of this EULA apply to the App or any of the services accessible through the App (Services), including any updates or supplements to the App or any Service, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the App or any Service, the terms of an open-source licence may override some of the terms of this EULA.
1.2 We may change these terms at any time by sending you an email with details of the change or notifying you of a change when you next start the App or log onto one of the websites referred to in condition 1.6. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Services.
1.3 From time to time updates to the App may be issued through the App Store and/or Play Store. services until you have downloaded or streamed the latest version of the App and accepted any new terms.
1.4 You will be assumed to have obtained permission from the owners of the mobile telephone or handheld devices that are controlled, but not owned, by you and described in condition 2.2(a) (Devices) and to download or stream a copy of the App onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the App or anyService on or in relation to any Device, whether or not it is owned by you.
1.6 The terms and conditions of our supply of the Services, the current version of which is available from us are incorporated into this EULA by reference and apply to the Services.
1.7 By using the App or any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.
1.8 The App or any Service may contain links to other independent third-party websites (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
1.9 Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
2. GRANT AND SCOPE OF LICENCE
2.2 You may:
(a)download or stream a copy of the App onto your iPhone, iPod Touch, and/or Android mobile phones and may view, use and display the App on the Devices for your personal purposes only; and
(b) use the Documents for your personal purposes only.
3. LICENCE RESTRICTIONS
Except as expressly set out in this EULA or as permitted by any local law, you agree:
(a) not to copy the App or Documents except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
(b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App or Documents;
(c) not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
(d) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:
(i) is used only for the purpose of achieving inter-operability of the App with another software program;
(ii) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
(iii) is not used to create any software that is substantially similar to the App;
(e) to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;
(f) to include our copyright notice on all entire and partial copies you make of the App on any medium;
(g) not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
(h) to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service (Technology), together Licence Restrictions.
4. ACCEPTABLE USE RESTRICTIONS
(a) not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any operating system;
(b) not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including the submission of any material (to the extent that such use is not licensed by this EULA);
(c) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
(d) not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
(d) not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
(e) not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service. together Acceptable Use Restrictions.
5. INTELLECTUAL PROPERTY RIGHTS
5.1 You acknowledge that all intellectual property rights in the App, the Documents and the Technology anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App, the Documents or the Technology other than the right to use each of them in accordance with the terms of this EULA.
5.2 You acknowledge that you have no right to have access to the App in source-code form.
6. LIMITED WARRANTY AND SUPPORT
6.1 We warrant that:
(a) the App will, when properly used and on an operating system for which it was designed, perform substantially in accordance with the functions described in the Documents; and
(b) that the Documents correctly describe the operation of the App in all material respects,
for a period of 90 days from the date on which the App is downloaded or streamed to the Devices (Warranty Period).
If within the Warranty Period you notify us in writing of any defect or fault in the App as a result of which it fails to perform substantially in accordance with the Documents, and we fail to provide a suitable remedy within 30 days of notification,you will be entitled to a refund of any subscription fee paid for the then-current subscription period, pro-rated to the date of notification, and your subscription and license to use the App or any service will be terminated at no charge. These are the exclusive remedies available to the End-User for any breach of the EULA.
6.2 The warranty in clause 6.1 and the corresponding remedies in clause 6.2 will not apply:
(a) if the defect or fault in the App or any Service results from you having altered or modified the App;
(b) if the defect or fault in the App results from you having used the App in breach of the terms of this EULA; and
(c) if you breach any of the Licence Restrictions or the Acceptable Use Restrictions.
6.3 We warrant that we will make commercially reasonable efforts to ensure that the App will not contain any virus, Trojan horse, or worm, or other software designed to permit unauthorized access to, or to erase or otherwise harm, the End User’s software, hardware, or data. We do not guarantee that our App will be secure or free from bugs or viruses. You are responsible for configuring your device to access our site. You should use your own virus protection software where relevant and update the App on your device when updates and/or new versions become available on the App Store or Play Store.
6.4 The End User’s exclusive remedies for any breach of the warranty at clause 6.3 will be for the Licensor tocancel the EULA and refund the End-User’s payment for its then-current subscription to use the Service, pro-rated as of the date the End-User notified the Licensor of the breach..
6.5 The warranties at clauses 6.1 and 6.3 are in addition to your legal rights in relation to software that is faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
7. LIMITATION OF LIABILITY
7.1 You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App as described in the Documents meet your requirements.
7.2 We only supply the App and Documents for domestic and private use. You agree not to use the App and Documents for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
7.3 We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of this EULA or our negligence up to the limit specified in condition 7.4, but we are not responsible for any unforeseeable loss or damage. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time we granted you the EULA.
7.4 Our maximum aggregate liability under or in connection with this EULA (including your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to £1,000. This does not apply to the types of loss set out in condition 7.5.
7.5 Nothing in this EULA shall limit or exclude our liability for:
(a) death or personal injury resulting from our negligence;
(b) fraud or fraudulent misrepresentation; and
(c) any other liability that cannot be excluded or limited by English law
7.6 If there is any conflict between this agreement and the Terms And Conditions of Supply of Services the Terms and Conditions of Supply will take precedence.
8.1 We may terminate this EULA immediately by written notice to you:
(a) if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so; and
(b) if you breach any of the Licence Restrictions or the Acceptable Use Restrictions.
8.2 On termination for any reason:
(a) all rights granted to you under this EULA shall cease;
(b) you must immediately cease all activities authorised by this EULA, including your use of any Services;
(c) you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App and Documents then in your possession, custody or control and certify to us that you have done so;
(d) we may remotely access the Devices and remove the App from all of them and cease providing you with access to the Services.;
9. COMMUNICATION BETWEEN US
9.1 If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail or by prepaid post to DNC Technologies Limited at 1b High Street, Swanley, Kent, BR8 8AE United Kingdom and firstname.lastname@example.org. We will confirm receipt of this by contacting you in writing, normally by e-mail.
9.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your request for the App.
10. EVENTS OUTSIDE OUR CONTROL
10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (Event Outside Our Control).
10.2 If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:
(a) our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
(b) we will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.
11. OTHER IMPORTANT TERMS
11.1 We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.
11.2 You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
11.3 If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
11.4 Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
11.5 Please note that this EULA, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
DNC Technologies Limited (We, Us) are committed to protecting and respecting your privacy.
SCOPE OF POLICY
Brushlink® mobile application software (App) available on our site OR hosted on www.brushlink.com (App Site) and accompanied with the Brushlink® monitor (Monitor), once you have downloaded or streamed a copy of the App onto your mobile telephone or handheld device (Device).
In this policy references to (App Store) or (Playstore) respectively means Apple’s App Store or Google’s Play Store.
This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how We will treat it.
For the purpose of the Data Protection Act 1998, the data controller is DNC Technologies Limited of 1b High Street, Swanley, Kent, BR8 8AE United Kingdom.
INFORMATION WE MAY COLLECT FROM YOU
We may collect and process the following data about you:
Information you give Us (Submitted Information): you may give Us information about you by filling in forms on the App Site and the Services Sites (together Our Sites), or by corresponding with Us (for example, by e-mail or chat) and by using the Monitor. This includes information you provide when you register to use the App Site, download or register an App, subscribe to any of our Services, search for an App or Service, share data via an App’s social media functions, enter a competition, promotion or survey, redeem Brushlink® rewards and when you report a problem with an App, our Services, or any of Our Sites. The information you give Us may include your name, address, e-mail address and phone number, the Device’s phone number, age, username, password and other registration information, financial and credit card information, personal description and photograph.
Information we collect about you and your Device: each time you visit one of Our Sites or use one of our Apps we may automatically collect the following information:
technical information, including the type of mobile device you use, a unique device identifier (for example, your Device’s IMEI number, the MAC address of the Device’s wireless network interface, the IP address your Device is using when you access our App or Our Sites and/or the mobile phone number used by the Device), mobile network information, your mobile operating system, the type of mobile browser you use, timezone setting (Device Information);
information stored on your Device, including contact information, friends lists, login information, photos, videos or other digital content, check ins (Content Information);
details of your use of any of our Apps or Monitor or your visits to any of Our Sites including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access (Log Information).
Information we collect from your Monitor: each time you use your Monitor We will collect information from it. We will use this information to provide you with details about your brushing habits. We may also pass this information onto your dentist if you are a Brushlink® Rewards User or to your insurance provider if you are a Brushlink® Insurance User. Your Monitor will have a unique number associated with it. This number will be used you to link your Monitor with your Brushlink® Account. (Monitor Information).
Location information: we may also use the IP address your Device is using to determine your current location (Location Information).
Information we receive from other sources (Third Party Information): we are working closely with third parties (including, for example, business partners e.g. dentists and insurance companies, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them.
If you contact us, We may keep a record of that correspondence.
Unique application numbers: when you install or uninstall a Service containing a unique application number or when such a Service searches for automatic updates, that number and information about your installation, for example, the type of operating system, may be sent to us (Unique Application Numbers).
USES MADE OF THE INFORMATION
We use information held about you in the following ways:
● Submitted Information: to ensure that content is presented in the most effective manner for you and your Device; to carry out obligations arising from any contracts entered into between you and Us or the App Store or Play Store provider (including the processing of payments by a third-party provider of payment processing services); to notify you about changes to the App or any of the Services; to allow you to participate in interactive features of the App and the Services, when you choose to do so and to maintain, protect and improve the App, the Services and the Services Sites.
● Device Information: to associate your use of the App with your Monitor; to provide dental professionals with data regarding your brushing collected from your Monitor; to maintain, protect and improve the App, the Services and the Services Sites.
● Content Information: to ensure that content is presented in the most effective manner for you and your device; to provide you, or allow third parties to provide you, with information, products or services (including content and advertising tailored to your interests), where you have consented to be contacted for such purposes; to allow you to participate in interactive features of the App and the Services, when you choose to do so;
● Log Information: to maintain, protect and improve the App, the Services and the Services Sites; to allow you to participate in interactive features of the App and the Services, when you choose to do so; to provide you, or allow third parties to provide you, with information, products or services (including content and advertising tailored to your interests), where you have consented to be contacted for such purposes; to ensure that content is presented in the most effective manner for you and your Device.
● Monitor Information: to allow you to participate in interactive features of the App and the Services, when you choose to do so; to maintain, protect and improve the App, the Services and the Services Sites; to ensure that content is presented in the most effective manner for you and your Device; to provide you, or allow third parties to provide you, with information, products or services (including content and advertising tailored to your interests), where you have consented to be contacted for such purposes; to maintain, protect and improve the App, the Services and the Services Sites; and to provide information for research and advisory purposes to third party companies such as insurance companies, research organisations and other partner companies.
● Location Information: to ensure that content is presented in the most effective manner for you and your Device; to provide you, or allow third parties to provide you, with information, products or services (including content and advertising tailored to your interests), where you have consented to be contacted for such purposes; to maintain, protect and improve the App, the Services and the Services Sites; to allow you to participate in interactive features of the App and the Services, when you choose to do so; and to provide information for research and advisory purposes to third party companies such as insurance companies, research organisations and other partner companies.
● Third Party Information: to ensure that content is presented in the most effective manner for you and your Device; to maintain, protect and improve the App, the Services and the Services Sites; and to allow you to participate in interactive features of the App and the Services, when you choose to do so.
● Unique application numbers: to ensure that content is presented in the most effective manner for you and your Device; to maintain, protect and improve the App, the Services and the Services Sites; and to notify the user about changes to the App or any of the Services.
We may associate any category of information with any other category of information and will treat the combined information as personal data in accordance with this policy for as long as it is combined.
We do not disclose information about identifiable individuals to our advertisers, but We may provide them with anonymous aggregate information about our users (for example, We may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in SW1). We may make use of the personal data We have collected from you to enable us to comply with our advertisers’ wishes by displaying their advertisement to that target audience.
DISCLOSURE OF YOUR INFORMATION
We may disclose some or all of the data we collect from you when you download or use the App and Monitor to the following third parties:
We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the Companies Act 2006.
We may disclose your personal information to third parties:
In the event that We sell or buy any business or assets, in which case We may disclose your personal data to the prospective seller or buyer of such business or assets.
If DNC Technologies Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
If We are under a duty to disclose or share your personal data in order to comply with any legal or regulatory obligation or request.
protect the rights, property or safety of DNC Technologies Limited our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
WHERE WE STORE YOUR PERSONAL DATA
All information you provide to us is stored on our secure servers. Any payment transactions carried out by us or our chosen third-party provider of payment processing services will be encrypted using Secured Sockets Layer technology. Where We have given you (or where you have chosen) a password that enables you to access certain parts of Our Sites, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although We will do our best to protect your personal data, We cannot guarantee the security of your data transmitted to Our Sites; any transmission is at your own risk. Once We have received your information, We will use strict procedures and security features to try to prevent unauthorised access.
We may collect and store personal data on your Device using application data caches and browser web storage (including HTML 5) and other technology.
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if We intend to use your data for such purposes or if We intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms We use to collect your data. You can also exercise the right at any time by contacting us at email@example.com
Our Sites may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates (including, but not limited to, websites on which the App and Monitor or the Services are advertised). If you follow a link to any of these websites, please note that these websites and any services that may be accessible through them have their own privacy policies and that We do not accept any responsibility or liability for these policies or for any personal data that may be collected through these websites or services, such as contact and location data. Please check these policies before you submit any personal data to these websites or use these services.
ACCESS TO INFORMATION
The Data Protection Act 1998 gives you the right to access information held about you. Your right of access can be exercised in accordance with that Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information We hold about you.