Dandy Terms of Use

US

Dandy Terms of Use

Last Modified: March 17, 2023

Welcome to MeetDandy.com, a website by Dandy (“Dandy,” “we,” or “us”). This page explains the Terms of Use (the “Terms”) that govern you use of our website (the “Site”). By accessing or using the Site, you signify that you have read, understood, and agree to be bound by these Terms and our Privacy Policy at meetdandy.com/privacy_policy/. These Terms apply to all visitors and others who access the Site (“Users” or “you”).

Use of Our Site

1. Access to the Site

Subject to these Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Site for your personal use only. Dandy reserves all rights not expressly granted herein in the Site and Dandy Content (as defined below). Dandy may terminate this license at any time for any reason or no reason.

2. Site Rules

You agree not to engage in any of the following prohibited activities while visiting our Site:

copying, distributing, or disclosing any part of the Site in any medium, including without limitation by any automated or non-automated scraping;
using any automated system, including without limitation robots, spiders, offline readers, etc., to access the Site in a manner that sends more request messages to Dandy servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Dandy grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from MeetDandy.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials);
attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Site;
accessing any content on the Site through any technology or means other than those provided or authorized by the Dandy;
taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
uploading invalid data, viruses, worms, or other software agents through the Site;
interfering with the proper working of the Site; or
impersonating another person or dental practice, or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity.

We may, without prior notice, change the Site; stop providing the Site or features of it, to you or to Users generally; or create usage limits for the Site. We may permanently or temporarily terminate or suspend your access to the Site without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms.

3. The Site’s Purpose Is Informational

The Site is provided solely for informational purposes. Dandy does not provide medical advice and is not a healthcare provider, and the Site is not intended to provide medical or legal advice to you. Your reliance upon the Site is solely at your own risk.

Unless otherwise established by agreement between Dandy and a Covered Entity, as defined under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), the information you provide to Dandy is not “Protected Health Information” under HIPAA. The Site is not intended for the transmission, storage, review or receipt of confidential Patient Health Information. As such, your personal information may not be treated the same as Protected Health Information would be under HIPAA.

By submitting your first and last name, email address, direct phone number, the name of your practice, your role at the identified practice, your zip code and/or your practice’s website, you expressly consent and agree to accept and receive communications from Dandy, including via email, text (SMS) messages, telephone calls, and other reasonable means at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list, so that we may contact you regarding the services set forth on the Dandy Site, to service your account if your practice has one with us, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, training appointments that you have scheduled, or for other purposes reasonably related to your practice’s request and our business, including marketing related communications.

You may have the opportunity to receive text (SMS) messages from Dandy for the purposes of authenticating your account, facilitating your download of the Dandy mobile app, or providing you informational updates about services or products you may have requested. For example, Dandy shares the telephone number(s) you provide to us with Twilio, Inc., a trusted third-party partner, for the purpose of sending you a text message containing a link to download the Dandy mobile app, or sending you a text message with an authorization code that can be used to authenticate your identity. You represent that you have the authority to agree to receive text messages at the telephone number that you provide to Dandy, or from which you sent the text message request to us. You further acknowledge that no purchase is required to opt into any Dandy service, and you may opt-out at any time by replying STOP to any message you receive from us. For assistance or more information, reply HELP. Dandy and mobile carriers are not liable for delayed or undelivered messages.

Not all mobile devices may be supported or eligible to receive messages by Twilio’s messaging service. Dandy and any mobile carriers are not liable for delayed or undelivered messages. Message and data rates may apply to any text messages. Message frequency depends on the nature of your request. You hereby agree to be responsible for all costs, charges and fees you incur from your service or device provider as a result of choosing to receive such messages from the Dandy. Phone calls, video calls and text messages may be recorded for quality assurance and training purposes only.

5. Our Proprietary Rights

The Site and all materials on it, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the “Company Content”), and all intellectual property rights related thereto, are the exclusive property of Dandy and its licensors. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Company Content. Use of Company Content for any purpose not expressly permitted by this Agreement is strictly prohibited.

You may choose to or we may invite you to submit comments or ideas about the Site, including without limitation about how to improve the Site or Dandy’s services (“Ideas”). By submitting any Ideas, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Dandy under any fiduciary or other obligation, and that we are free to use your Ideas without any additional compensation to you, and/or to disclose the Ideas on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Dandy does not waive any rights to use similar or related ideas previously known to Dandy, or developed by its employees, or obtained from sources other than you.

6. Third-Party Links and Information

The Site may contain links to third-party materials that are not owned or controlled by Dandy. Dandy does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Site, you do so at your own risk, and you understand that these Terms and Dandy’s Privacy Policy do not apply to your use of such sites. You expressly relieve Dandy from any and all liability arising from your use of any third-party website, service, or content.

7. Indemnity

You agree to defend, indemnify and hold harmless Dandy and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Site; (ii) your violation of these Terms; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; or (v) your willful misconduct.

8. No Warranty

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DANDY OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

WITHOUT LIMITING THE FOREGOING, DANDY DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL MEET YOUR REQUIREMENTS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DANDY, ITS AFFILIATES, AGENTS, DIRECTORS, OR EMPLOYEES, BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SITE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DANDY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT SUBMITTED BY YOU; (II) ANY DAMAGE, LOSS OR INJURY TO YOU RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SITE; AND/OR (VII) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL DANDY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO DANDY HEREUNDER OR $100.00, WHICHEVER IS GREATER.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF DANDY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

10. Governing Law, Arbitration, and Class Action and Jury Trial Waiver

Governing Law. You agree that: (i) the Site shall be deemed solely based in New York; and (ii) the Site shall be deemed a passive one that does not give rise to personal jurisdiction over Dandy, either specific or general, in jurisdictions other than New York. These Terms shall be governed by the laws of the State of New York, without respect to its conflict of laws principles. The parties acknowledge that these Terms evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). You agree to submit to the personal jurisdiction of the federal and state courts located in New York, New York for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that New York, New York is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event the arbitration provision below is found to be unenforceable.
Arbitration. For any dispute with Dandy, you agree to first contact us at [email protected] and attempt to resolve the dispute with us informally. In the unlikely event that Dandy is not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in New York, New York, unless you and Dandy agree otherwise.

Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses incurred by the prevailing party.

Class Action/Jury Trial Waiver. WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SITE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ACCEPTING THESE TERMS, YOU AND DANDY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

11. General

Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Dandy without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Updates to the Terms. Dandy may update the Terms at any time in its sole discretion and will provide notification of any such update by posting on the Site. Your continued use of the Site after any such change constitutes your acceptance of any new Terms.

Entire Agreement/Severability. These Terms shall constitute the entire agreement between you and Dandy concerning the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Dandy’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Cooperation with Government Authorities. If necessary and in accordance with applicable law, Dandy will comply with local, state, federal, international and/or worldwide with all laws, rules, regulations, law enforcement, government officials, legal authority or the like.

California Residents. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Sites of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

Canada

Dandy Terms of Use

Last Modified: September, 2025

Welcome to MeetDandy.com, a website by Dandy (“Dandy,” “we,” or “us”). This page explains the Terms of Use (the “Terms”) that govern your use of our website (the “Site”). By accessing or using the Site, you signify that you have read, understood, and agree to be bound by these Terms and our Privacy Policy at meetdandy.com/privacy-policy/. These Terms apply to all visitors and others who access the Site (“Users” or “you”).

Use of Our Site

1. Access to the Site

2. Site Rules

You agree not to engage in any of the following prohibited activities while visiting our Site:

copying, distributing, or disclosing any part of the Site in any medium, including without limitation by any automated or non-automated scraping;
using any automated system, including without limitation robots, spiders, offline readers, etc., to access the Site in a manner that sends more request messages to Dandy servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Dandy grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from MeetDandy.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials);
attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Site;
accessing any content on the Site through any technology or means other than those provided or authorized by the Dandy;
taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
uploading invalid data, viruses, worms, or other software agents through the Site;
interfering with the proper working of the Site; or
impersonating another person or dental practice, or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity or violating the rights of others, including privacy and intellectual property rights.

3. The Site’s Purpose Is Informational

The Site is not intended for the transmission, storage, review, or receipt of confidential Personal Health Information (“PHI”) as defined under Canada’s privacy laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA) and Ontario’s Personal Health Information Protection Act (PHIPA). You agree that you will not transmit any PHI through this general-purpose Site. Any PHI that Dandy receives from a dental practice in Canada will be handled exclusively through secure, pre-approved methods and under the terms of a separate Data Privacy Agreement, where Dandy acts as an Information Manager on behalf of the dental practice (the Health Information Custodian).

PRIVACY

Without limiting the generality of these Terms of Use, your use of the Site is also subject to the terms of our Site Privacy Policy. Please carefully review our Site Privacy Policy. By using the Site, you agree that you have read, fully understand and agree to our Site Privacy Policy.

By submitting your first and last name, email address, direct phone number, the name of your practice, your role at the identified practice, your zip code, postal code and/or your practice’s website, you expressly consent and agree to accept and receive communications from Dandy, including via email, text (SMS) messages, telephone calls, and other reasonable means at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list, so that we may contact you regarding the services set forth on the Dandy Site, to service your account if your practice has one with us, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, training appointments that you have scheduled, or for other purposes reasonably related to your practice’s request and our business, including marketing related communications.

This consent to receive commercial electronic messages (CEMs) via email and text message is provided pursuant to Canada’s Anti-Spam Legislation (CASL). You can withdraw this consent at any time by clicking the unsubscribe link in any email or by replying “STOP” to any text message, or by contacting us directly.

5. Our Proprietary Rights

6. Third-Party Links and Information

7. Indemnity

To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless Dandy and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal or attorney’s fees) arising from: (i) your use of and access to the Site; (ii) your violation of these Terms; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; or (v) your willful misconduct. The provisions of this indemnity clause are subject to the limitations and exclusions set forth in Canadian federal and provincial laws, including those relating to consumer protection.

8. No Warranty

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DANDY OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

WITHOUT LIMITING THE FOREGOING, DANDY DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT.; THAT THE SITE WILL MEET YOUR REQUIREMENTS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE CANADIAN LAW, DANDY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE SHALL NOT EXCEED THE AMOUNT YOU PAID TO DANDY HEREUNDER OR $100.00 CAD, WHICHEVER IS GREATER.

THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

Governing Law, Arbitration, and Class Action and Jury Trial Waiver

Governing Law. Excluding individuals resident in the province of Quebec who are “consumers” under the law of that province, and all Canadian consumers in any province where mandatory consumer protection laws apply you agree that: (i) the Site shall be deemed solely based in New York; and (ii) the Site shall be deemed a passive one that does not give rise to personal jurisdiction over Dandy, either specific or general, in jurisdictions other than New York. These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without respect to its conflict of laws principles. This choice of law does not, however, override any mandatory consumer protection laws that apply to you in your province of residence..
Arbitration. For Canadian users, this section is deemed deleted if prohibited by applicable provincial law. For all Canadian users not subject to mandatory provincial consumer protection laws prohibiting arbitration, any dispute, claim, or controversy arising out or relating to these terms shall be resolved by binding arbitration, through the Canadian Arbitration Association in the city of Toronto, under Ontario law. The language of the arbitration shall be English. Each party will be responsible for paying any Canadian Arbitration Association (CAA) filing, administrative and arbitrator fees in accordance with CAA rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses incurred by the prevailing party.
Class Action/Jury Trial Waiver. THIS SECTION IS SUBJECT TO MANDATORY PROVINCIAL CONSUMER PROTECTION LAWS AND IS DEEMED DELETED TO THE EXTENT PROHIBITED BY SUCH LAWS.WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SITE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ACCEPTING THESE TERMS, YOU AND DANDY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

10. General

Cooperation with Government Authorities. If necessary and in accordance with applicable law, Dandy will comply with local, state, provincial, federal, international and/or worldwide with all laws, rules, regulations, law enforcement, government officials, legal authority or the like.

Language – Quebec Residents only It is the express wish of the parties that this Agreement be drafted in English. Les parties aux présentes ont expressément demandé que ces modalités d’utilisation du site web soient rédigés en anglais. The following French version is provided for convenience only and is not legally binding.

UK

Dandy Terms of Use

Last modified: January 7, 2026

Welcome to MeetDandy.com, a website operated by Dandy Labs GB, Ltd. a limited company (“Dandy,” “we,” or “us”). We are registered in England and Wales under company number 16873608 and have our registered office at 5 New Street Square, London, United Kingdom, EC4A 3TW.

This page explains the Terms of Use (the “Terms”) that govern your use of our website (the “Site”). By accessing or using the Site, you accept and agree that you have read, understood, and agree to be bound by these Terms and our Privacy Policy at meetdandy.com/privacy_policy. If you do not agree to these terms, you must not use our Site.

These Terms apply to all visitors and others who access the Site (“Users” or “you”). We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.

To contact us, please email [email protected]

Use of Our Site

1. Access to the Site

2. Site Rules

You agree not to engage in or to facilitate, authorize or permit any of the following prohibited activities while visiting our Site:

copying, distributing, disclosing, creating derivative works from, framing, mirroring, republishing, downloading, displaying or transmitting all or any portion of the Site in any medium, including without limitation by any automated or non-automated scraping;
using any automated system, including without limitation robots, spiders, offline readers, etc., to access the Site in a manner that sends more request messages to Dandy servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Dandy grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from MeetDandy.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials);
Any automated analytical technique aimed at analyzing text and data in digital form to generate information or develop, train, fine-tune or validate AI systems or models which includes but is not limited to patterns, trends and correlations.
Attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Site.
attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Site;
accessing any content on the Site through any technology or means other than those provided or authorized by the Dandy;
taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
uploading invalid data, viruses, worms, or other software agents through the Site;
interfering with the proper working of the Site; or
impersonating another person or dental practice, or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity or violating the rights of others, including privacy and intellectual property rights.

This section will not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

3. Rules about linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on our site other than that set out above, please contact [email protected].

4. The Site’s Purpose Is Informational

The Site is provided solely for informational purposes for dental professionals and their personnel. Dandy does not provide medical advice and is not a healthcare provider, and the Site is not intended to provide medical or legal advice to you. Your reliance upon the Site is solely at your own risk.

The Site is not intended for the transmission, storage, review, or receipt of confidential Special Categories of Personal Data (including health data) as defined under the UK GDPR. You agree that you will not transmit any such data through this general-purpose Site. Any Special Categories of Personal Data that Dandy receives from a dental practice in the UK will be handled exclusively through secure, pre-approved methods and under the terms of a separate Data Privacy Agreement, where Dandy acts as a Processor on behalf of the dental practice (the Controller).

PRIVACY

5. Our Proprietary Rights

The Site and all materials on it, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the “Company Content”), and all intellectual property rights related thereto, are the exclusive property of Dandy and its licensors. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Company Content. Use of Company Content for any purpose not expressly permitted by this Agreement is strictly prohibited. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy, republish, download, share or repost any part of our site in breach of these terms of service, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made (except that you are permitted to print off a copy of these terms of service).

You may choose to or we may invite you to submit comments or ideas about the Site, including without limitation about how to improve the Site or Dandy’s services (“Ideas”). By submitting any Ideas, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Dandy under any fiduciary or other obligation, and that we are free to use your Ideas without any additional compensation to you, and/or to disclose the Ideas on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Dandy does not waive any rights to use similar or related ideas previously known to Dandy, or developed by its employees, or obtained from sources other than you.

6. Third-Party Links and Information

7. Indemnity

To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless Dandy and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable legal fees) arising from: (i) your use of and access to the Site; (ii) your violation of these Terms; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; or (v) your willful misconduct.

8. No Warranty

UK Statutory Rights: Nothing in these Terms shall exclude or limit any condition, warranty or right which cannot lawfully be excluded or limited.
We do not guarantee that our Site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programs and platform to access our Site. You should use your own virus protection software.

B. General Disclaimer: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND SUBJECT TO CLAUSE A, THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SITE IS AT YOUR OWN RISK. THE SITE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OR SUITABILITY FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DANDY OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

C. Limitations: WITHOUT LIMITING THE FOREGOING, DANDY DOES NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL MEET YOUR REQUIREMENTS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS

9. Limitation of Liability

A. Unlawful Limitations: NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE OUR LIABILITY FOR:

Death or personal injury caused by our negligence;
Fraud or fraudulent misrepresentation; or
Any matter in respect of which it would be unlawful for us to exclude or restrict liability.

B. General Liability Cap: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE UK LAW, AND SUBJECT TO CLAUSE A, IN NO EVENT SHALL DANDY, ITS AFFILIATES, AGENTS, DIRECTORS, OR EMPLOYEES, BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA BUSINESS INTERRUPTION LOSS OF ANTICIPATED SAVINGS LOSS OF BUSINESS OPPORTUNITY, OR REPUTATION OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SITE.

DANDY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE SHALL NOT EXCEED £100.00 GBP.

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

use of, or inability to use, our Site; or
use of or reliance on any content displayed on our Site.

10. Governing Law and Arbitration

Governing Law. You agree that these Terms shall be governed by and construed in accordance with the laws of England and Wales, without respect to its conflict of laws principles. This choice of law does not override any mandatory consumer protection laws that apply to you in your jurisdiction of residence within the UK.

Arbitration. Except where prohibited by applicable law, any disputes, claims, controversies, and/or other challenge arising out of or relating to these Terms shall be resolved through arbitration under the Rules of the London Court of International Arbitration (LCIA). The seat of arbitration shall be London.

11. General

Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Dandy without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Updates to the Terms. Dandy may update the Terms at any time in its sole discretion and will provide notification of any such update by posting on the Site. Your continued use of the Site after any such change constitutes your acceptance of any new Terms.

Entire Agreement/Severability. These Terms shall constitute the entire agreement between you and Dandy concerning the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Dandy’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Cooperation with Government Authorities. If necessary and in accordance with applicable law, Dandy will comply with UK law, rules, regulations, law enforcement, government officials, legal authority, or the like.

Variation. These Terms can only be varied by our written agreement.

If you have any questions about these Terms or our Services, you may contact us at:

[email protected]

Australia

Dandy Terms of Use

Last Modified: 7 April 2026

Welcome to Practice.MeetDandy.com (the “Practice Portal”), a website by Dandy (“Dandy,” “we,” or “us”). For information on the best way to contact us, see www.meetdandy.com.

Together, the Practice Portal, Chairside (as defined below), and any provided ordering software, collectively, will be referred to in these Terms of Use as the “Practice Software.” This page explains the Practice Software Terms of Use (“Practice Software Terms” or the “Terms”) that govern your use of the Practice Software. By accessing or using either the Practice Portal, Chairside, or both, you signify that you have read, understand, and agree to be bound by these Practice Software Terms, along with our Australian Website Terms of Use at meetdandy.com/terms-of-use/ and our Australian Privacy Policy at meetdandy.com/privacy_policy/. These Practice Software Terms apply to all visitors who access the Practice Portal and/or Chairside (“Users” or “you”).

1. Definitions

‘Dandy’ means Zima International, Inc. d/b/a Dandy, its subsidiaries, and affiliates.
‘Dandy Account’ means the identity provider and authentication system used to access Practice Software and/or services.
‘Dandy Cloud’ means the distributed infrastructure and cloud storage administered by Dandy (and its third-party providers) for hosting software and data.
‘Chairside’ means the Dandy Chairside software, including all updates, customizations, extensions, and Library Materials provided by Dandy.
‘Customer’ means the dental practice, legal entity, or physical person licensed to use the Practice Software.
‘End User’ means anyone using the Practice Software on behalf of the Customer (e.g., employees, contractors, office managers, etc.).
‘Input Data’ means all information inserted or uploaded by the Customer or any End User, including intra-oral scans, dental treatment data, and Patient Data.
‘Patient Data’ means treatment-related information, including dental scans, patient identity, and health information.
‘Library Materials’ means 3D tooth libraries, crown/bridge defaults, and other materials provided within the Software.
‘Diagnostic Features’ means software features that provide indications or suggestions based on digital scans.

2. Use of the Practice Software

A. Access to the Practice Software

Subject to your agreement to these Practice Software Terms, you are hereby granted a non-exclusive, limited, non-transferable, geographically limited, revocable (in accordance with these Terms) license to use the Practice Software for commercial and informational purposes only. If you use the Practice Software, you will be deemed to have accepted these Practice Software Terms. Dandy reserves all rights not expressly granted herein in the Practice Software and to Dandy Content (as defined below). Dandy may terminate this license due to a breach of these Terms by the User, or where reasonably necessary to protect Dandy’s legitimate interests.

Access is granted to individual dentists, not to the practice as a whole. Individual dentists must not, therefore, share their log-ins with other members of their practice, each of whom can obtain their own log-in.

B. The Practice Software’s Purpose

The Practice Software is provided solely for commercial and informational purposes, including to fulfill your practice’s lab orders, to facilitate the design and manufacturing of the suite of products that Dandy offers, and for any other business purpose that Dandy deems appropriate. You may only use the Practice Software for the purposes of designing and ordering products from Dandy.

Dandy may offer general training or lab-specific training for informational purposes only.

C. Medical Disclaimers

The Practice Software is not a substitute for the professional judgement of a licensed dentist or other dental professional in diagnosing and treating patients. Dandy does not provide medical advice or treatment and is not a healthcare provider. The Practice Software is also not intended to provide medical or legal advice to you. Your use and reliance upon the Practice Software is solely at your own risk. By accessing the Practice Software, you assume full responsibility for your use of the information, products and services available therein, and agree that Dandy is not responsible or liable for any claim, loss, or damage arising from the use of the product, service or information other than to the extent such claim, loss or damage arises directly from the negligence or willful misconduct of Dandy. Your use of the Practice Software must be in accordance with your own regulatory and professional obligations.

For Chairside, the End User maintains full and exclusive liability for all patient treatments and must verify all software indications. Furthermore, to the extent permitted by law, all features are provided “as is”, without any warranty of accuracy.

Nothing in the Practice Software is intended to override or replace your professional obligations as a licensed dental professional or the requirements of any Australian regulatory body, including the Dental Board of Australia (DBA), the Australian Health Practitioner Regulation Agency (AHPRA) or the Australian Dental Council (ADC).

D. Data Protection Compliance

All Patient Data will be handled in accordance with our privacy policy. Some of the information you provide to Dandy may be considered sensitive information as that term is defined in the Privacy Act 1988 (Cth) (Privacy Act).

You permit and instruct us to collect information about you in connection with your performance of this agreement (including without limitation the use of the Practice Software) and disclose it to tax or other governmental or regulatory authorities as required by law or for compliance with our legal obligations.

Use of Input Data. Dandy may use the Input Data for commercial, technical, and product development purposes in accordance with our privacy policy. Dandy will anonymize Input Data where required by law and / or where personal identifiers are unnecessary. Dandy shall be responsible for its own compliance with applicable data protection laws in respect of such use of Input Data.

Patient Consent. CUSTOMER OR END USER, AS APPLICABLE, IS SOLELY RESPONSIBLE FOR OBTAINING ALL NECESSARY PATIENT CONSENTS REQUIRED BY LAW (INCLUDING UNDER THE PRIVACY ACT AND ANY STATE BASED PRIVACY LEGISLATION) TO UPLOAD PATIENT DATA TO THE SOFTWARE. Upon Dandy’s request, the Customer or End User shall provide copies of any patient consents to Dandy to verify compliance with law.

Security. Dandy uses commercially reasonable encryption for data at rest and in transit. You acknowledge that unencrypted notifications (e.g., emails) are sent at your own risk.

E. Payments Processing

The Practice Portal accepts a variety of payment methods including BACS/Direct Debit, debit card, or credit card (“Payment Methods”). All amounts are in Australian dollars ($). You are solely responsible for all reversed or charged back transactions regardless of the reason for, or timing of the reversal or chargeback unless caused by an error or fault of Dandy. Dandy or its payments processor may add or remove one or more types of payment networks or cards, in their sole discretion, at any time, without prior notice to you.

Dandy’s payments processor is Stripe. By remitting payment through the Practice Portal, you are also accepting and agreeing to be bound by Stripe’s terms (accessible here), which is the legal agreement between you and Stripe.

3. Protecting Your Practice Portal Log-in Credentials

The Practice Portal is intended by Dandy to require a valid, working telephone number and either a password or a verification code to access and use the features within it. You are solely responsible for (1) maintaining the strict confidentiality of the phone number, password and/or any verification codes (collectively, “Log-in Credentials”) assigned to you, (2) not allowing another person to use your Log-in Credentials to access the Practice Portal unless you expressly authorize them to do so, (3) any damages or losses that may be incurred or suffered as a result of your failure to maintain the strict confidentiality of your Log-in Credentials, and (4) promptly informing Dandy in writing of any need to deactivate your Log-in Credentials due to potential or actual security concerns. You acknowledge that Dandy may change its security features from time to time. Without prejudice to the other provisions in this paragraph, you agree to use all reasonable security practices to prevent unauthorised access or damage to the Practice Software or our systems. You will change any passwords when prompted to do so. Dandy is not liable for any harm related to the theft of your Log-in Credentials, your disclosure of your Log-in Credentials, or your authorization to allow another person or entity to access and use the Practice Portal using your Log-in Credentials. You agree to immediately notify Dandy in writing of any unauthorized use of your Log-in Credentials or if you consider that the Practice Software or the security of those systems has or might have been compromised in any way. Dandy may implement multi-factor authentication or other measures to prevent unauthorized access.

4. Practice Software Rules

To the extent permitted by law, You agree not to engage in or to facilitate, authorize or permit any of the following prohibited activities while using or accessing our Practice Software:

copying, distributing, disclosing, creating derivative works from, framing, mirroring, republishing, downloading, displaying or transmitting all or any portion of the Practice Software in any medium, including without limitation by any automated or non-automated scraping;
using any automated system, including without limitation robots, spiders, offline readers, etc., to access the Practice Software in a manner that sends more request messages to Dandy servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Dandy grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from MeetDandy.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials);
using any automated analytical technique aimed at analysing text and data in digital form to generate information or develop, train, fine-tune or validate AI systems or models which includes but is not limited to patterns, trends and correlations;
attempting to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Practice Software;
attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Practice Software;
accessing any content on the Practice Software through any technology or means other than those provided or authorized by the Dandy;
taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
uploading invalid data, viruses, worms, or other software agents through the Practice Software;
interfering with the proper working of the Practice Software;
using the Practice Software to provide services to third parties or allowing or assisting third parties not otherwise permitted to access the Practice Software under these Terms to access the Practice Software;
creating multiple accounts to evade punishment or avoid restrictions; or
impersonating another person or dental practice, or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, or hiding or attempting to hide your identity or violating the rights of others, including privacy and intellectual property rights.

We may, on the provision of reasonable prior notice to you, materially change the Practice Software, including by stopping providing key features of the Practice Software to you or to users generally or creating usage limits for the Practice Software. Upon receiving notice of such material change, you may in your discretion choose to cease using the Practice Software, at which time no further payments will be charged to you, although other contractual obligations may continue to apply. Non-material changes to the Practice Software that do not materially alter the service offering or your user experience may be made without prior notice.

We may temporarily suspend your access to the Practice Software if you are in breach of these Terms, engage in activity which is contrary to law, or otherwise act to bring Dandy or the Software Platform into disrepute

5. Our Proprietary Rights

The Practice Software and all materials included in it, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music, but excluding Input Data (the “Company Content”), and all intellectual property rights related thereto, are the exclusive property of Dandy and its licensors. We grant you a non-exclusive, non-transferable, limited licence to use the Company Content solely for the purposes of using and accessing the Practice Software. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Company Content. Use of Company Content for any purpose not expressly permitted by these Terms is strictly prohibited. You must not use any part of the content on our Practice Software for commercial purposes outside the ordering and purchase of products from Dandy without obtaining a licence to do so from us or our licensors.

If you print off, copy, republish, download, share or repost any part of our Practice Software in breach of these Terms, your right to use our Practice Software will cease immediately and you must, at our option, return or destroy any copies of the materials you have made (except that you are permitted to retain a copy of these Terms).

You may choose to or we may invite you to submit comments or ideas about the Practice Software, including without limitation about how to improve the Practice Software or Dandy’s services (“Ideas”). By submitting any Ideas, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Dandy under any fiduciary or other obligation, and that we are free to use your Ideas without any additional compensation to you, and/or to disclose the Ideas on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Dandy does not waive any rights to use similar or related ideas previously known to Dandy, or developed by its employees, or obtained from sources other than you. As between Dandy and Customer, Customer retains ownership of all Input Data.

6. Prohibition on Exportation

You agree that no products ordered and fulfilled through the Practice Software will be exported, re-exported, or otherwise transferred, directly or indirectly, to any country or any person or party who is a national or resident of, or located in, any country in which the device (as a medical device) is not authorised for putting into service/ placing on the market or that is restricted or subject to a comprehensive embargo administered by Australian authorities, including under Australian trade sanction laws as administered by the Australian Department of Foreign Affairs and Trade, or other similar legislation or regulation of Australia.

7. Incorporated Terms

Additionally, the following terms are expressly incorporated into these Terms mutatis mutandis:

Australian Website Terms of Use: Available at meetdandy.com/terms-of-use/.

Australian Privacy Policy: Available at meetdandy.com/privacy_policy/.

8. Third-Party Links and Information

The Practice Software may contain links to third-party materials that are not owned or controlled by Dandy. Dandy does not endorse or assume any responsibility for any such third-party Practice Software, information, materials, products, or services. If you access a third-party software or services from the Practice Software, you do so at your own risk, and you understand that these Terms and Dandy’s Privacy Policy do not apply to your use of such software. You expressly relieve Dandy from any and all liability arising from your use of any third-party software, services, or content.

9. Indemnity

To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless Dandy and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable legal fees) (“Losses”) arising from: (i) your violation of these Terms; (ii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iii) your violation of any applicable law, rule or regulation; or (iv) your willful misconduct, other than to the extent that such Losses arise as a result of Dandy’s breach of this Agreement, negligence, or wilful misconduct.

10. No Warranty

Australian Statutory Rights: Nothing in these Terms shall exclude or limit any condition, warranty or right which cannot lawfully be excluded or limited, including the consumer guarantees provided under the Australian Consumer Law.
We do not guarantee that our Practice Software will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programs and platform to access our Practice Software. You should use your own virus protection software.
GENERAL DISCLAIMER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND SUBJECT TO CLAUSE A, THE PRACTICE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE PRACTICE SOFTWARE IS AT YOUR OWN RISK. OTHER THAN AS REQUIRED BY LAW, THE PRACTICE SOFTWARE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DANDY OR THROUGH THE PRACTICE SOFTWARE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
LIMITATIONS. WITHOUT LIMITING THE FOREGOING, AND SUBJECT TO APPLICABLE LAW, DANDY DOES NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE PRACTICE SOFTWARE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; OR THAT THE PRACTICE SOFTWARE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
SERVICE INTERRUPTIONS: DANDY DOES NOT WARRANT THAT CHAIRSIDE OR DANDY CLOUD WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF MALICIOUS CODE, THOUGH DANDY WILL TAKE REASONABLE PRECAUTIONS AGAINST SUCH ISSUES.

11. Terminating Your Access to Practice Software

We have the right to terminate this agreement and your access to all Practice Software if:

you have in our view (acting reasonably) violated these Terms or applicable law; or
you either regularly fail to pay debts due to Dandy as they fall due or there are debts outstanding for more than 60 days.

Upon expiration of a time-limited license, You are responsible for downloading any required data from the Dandy Cloud prior to access cessation.

12. Limitation of Liability

Subject to clause 12(B), we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with your:

use of our Practice Software; or
use of or reliance on any content displayed on our Practice Software.

UNLAWFUL LIMITATIONS. NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE OUR LIABILITY FOR:

death or personal injury caused by negligence;
our fraud or fraudulent misrepresentation;
our wilful misconduct; or
any other liability that cannot be excluded or limited by Australian law.

NO INDIRECT DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND SUBJECT TO TERMS A, B, AND C IN NO EVENT SHALL DANDY, ITS AFFILIATES, AGENTS, DIRECTORS, OR EMPLOYEES, BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE PRACTICE SOFTWARE.
LIABILITY CAP. DANDY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE PRACTICE SOFTWARE SHALL NOT EXCEED $100,000 AUD.
Contributory Negligence. To the extent permitted by law, the liability of a party for any loss, damage, cost or expense suffered or incurred by the other party arising out of or in connection with these Terms (including in contract, tort (including negligence), statute or otherwise) will be reduced proportionately to the extent that such loss, damage, cost or expense was caused or contributed to by an act or omission of the other party.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF DANDY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
If claims arise relating to products manufactured or services provided to You by Your patients (in each case rendered using the Practice Software), then You must, at our option and as we request, either help us defend or deal with the third party claim or defend or deal with it on our behalf, in each case at Your own expense. If we ask You to defend or deal with a claim on our behalf, You must get our prior written agreement before settling or compromising it or attempting to do so.

13. Governing Law and Dispute Resolution

Governing Law. You agree that these Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia, without respect to its conflict of laws principles. This choice of law does not override any mandatory consumer protection laws that apply to you in your jurisdiction of residence within Australia.

Dispute Resolution. Any disputes shall be resolved through arbitration under the Rules of the Australian Centre for International Arbitration. The seat of arbitration shall be Sydney, Australia.

14. Confidentiality

You shall not disclose Dandy’s confidential information (including pricing, source code, product roadmaps, and any other information which by its nature you would understand to be confidential) received from Dandy in relation to these Terms or the Practice Software to any third parties for any reason.

15. General

Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Dandy on the provision of reasonable prior notice to you. Any attempted transfer or assignment in violation hereof shall be null and void.

Updates to the Terms. Dandy may update the Terms at any time in its sole discretion and will provide notification of any such update by posting on the Practice Software. Your continued use of the Practice Software after any such change constitutes your acceptance of any new Terms.

Entire Agreement/Severability. These Terms shall constitute the entire agreement between you and Dandy concerning the Practice Software. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Dandy’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Cooperation with Government Authorities. If necessary and in accordance with applicable law, Dandy will comply with Australian law, rules, regulations, law enforcement, government officials, legal authority, or the like.

Variation. These Terms can only be varied by our written agreement.

Contact Us

If you have any questions about these Terms or our Services, you may contact us at:

[email protected]

Dandy Terms of Use

US

Dandy Terms of Use

Use of Our Site

1. Access to the Site

2. Site Rules

3. The Site’s Purpose Is Informational

4. Consent To Receive Telephone Calls, Texts and Emails

5. Our Proprietary Rights

6. Third-Party Links and Information

7. Indemnity

8. No Warranty

9. Limitation of Liability

10. Governing Law, Arbitration, and Class Action and Jury Trial Waiver

11. General

Canada

Dandy Terms of Use

Use of Our Site

1. Access to the Site

2. Site Rules

3. The Site’s Purpose Is Informational

PRIVACY

4. Consent To Receive Telephone Calls, Texts and Emails

5. Our Proprietary Rights

6. Third-Party Links and Information

7. Indemnity

8. No Warranty

9. Limitation of Liability

10. General

UK

Dandy Terms of Use

Use of Our Site

1. Access to the Site

2. Site Rules

3. Rules about linking to our site

4. The Site’s Purpose Is Informational

PRIVACY

5. Our Proprietary Rights

6. Third-Party Links and Information

7. Indemnity

8. No Warranty

9. Limitation of Liability

10. Governing Law and Arbitration

11. General

Australia

Dandy Terms of Use

1. Definitions

2. Use of the Practice Software

A. Access to the Practice Software

B. The Practice Software’s Purpose

C. Medical Disclaimers

D. Data Protection Compliance

E. Payments Processing

3. Protecting Your Practice Portal Log-in Credentials

4. Practice Software Rules

5. Our Proprietary Rights

6. Prohibition on Exportation

7. Incorporated Terms

8. Third-Party Links and Information

9. Indemnity

10. No Warranty

11. Terminating Your Access to Practice Software

12. Limitation of Liability

13. Governing Law and Dispute Resolution

14. Confidentiality

15. General

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