TERMS OF USE

The Alignerly website is a site operated by Alignerly Ltd. We are registered in Ireland are located at 5 Fitzwilliam Square, Dublin 2.

Please read the details set out below carefully before using the website. On this page you can find all the Terms and Conditions on which you may make use of our website www.alignerly.com, whether as a guest or as a registered user. By accessing our website, you agree that you accept these Terms of Use and that you agree to abide by them. If you do not agree to these Terms of Use, please refrain from using our website.

1.1. Security procedures:

You must not knowingly misuse our website or transmit any virus or harmful material to this website. You must not attempt to gain unauthorised access to our website or to our database.

In the event of such a breach, your right to use our website will cease immediately and we will report this breach to the relevant law enforcement authorities.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material due to the use of our website.

If you choose, or you are provided with, a user identification code, password or any other piece of information, you must treat such information as confidential, and you must not disclose it to any third party. As part of security procedure, we have the right to disable any user identification code or password, at any time, if you have failed to comply with any of the provisions of these Terms of Use.

1.2. Affiliations:

Our website may contain links to third party websites. Alignerly is not responsible for the content or privacy policies of those websites, and including these links on our website should not be considered as endorsement or recommendation to these third party websites. As a result of this, please note that these websites may be governed by separate terms and conditions which should be referred to by visiting those web pages

You must not establish a link from any website that is not owned by you.

If you wish to make any use of material on our website other than that set out above, please address your request to info@alignerly.com .

2.1

Nothing in these Terms or in the pages of the website shall limit our liability for death or personal injury arising from our negligence, or for fraud, or for misrepresentation as to a fundamental matter, which cannot be excluded or limited under applicable law. Alignerly has a privacy policy which is a part of these Terms of Use and this website. Any personal information obtained from you will be processed in accordance with the Privacy Policy and by using our website you consent to such processing and you warrant that information provided by you is correct and accurate.

2.2

Additionally, by using our website, you abide by the fact that Internet transmissions are never completely secure. You understand that any message or information you send to our website is subject to possible intercepted by third parties.

3.1

All intellectual property rights in our website, and in the material published on it, is owned by or licensed to us. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

3.2.

Our status (and that of any identified contributors) as the authors of material on our website must always be acknowledged.

3.3.

No part of the materials on our website should be used for commercial purposes without obtaining a licence to do so from us or our licensors.

3.4.

You may print off one copy, and may download extracts, of any page(s) from our website for your personal reference and you may draw the attention of others within your organisation to material posted on our website, however, you must not republish, redistribute or amend the copies of any materials you have printed off.

3.5

If you print, copy or download and store any part of our website in breach of these terms of use, we will cease your right to use our website immediately and you must, at our option, return or destroy any copies of the materials you have made.

4.1

To register with us or use the services and products that we provide on our website you must be over 18 years of age only, and information contained on our website does not amount to an invitation to clients who are under 18 to buy any services or products.

4.2

The terms on this website are governed by the Laws of Republic of Ireland whose courts have exclusive jurisdiction is respect of any dispute which may arise.

4.3

We retain the right to bring proceedings against you for breach of these Terms of Use in your country of residence or other relevant country.

5.1

We may revise and amend these Terms of Use from time to time without notice and therefore you must agree to review the terms regularly to take notice of any changes.

5.2

Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on our website.

5.3

If the need arises, we may suspend access to our website, or close it indefinitely.

5.4

Whilst we have taken reasonable steps to ensure the accuracy and correctness, the material on our website could include technical inaccuracies or typographical errors. Our website and the information contained on it are delivered on an “as-is” and “as-available” basis. All information provided on our website is subject to change without notice and may be out of date at any given time.

We disclaim all liability and responsibility arising from any reliance placed on the commentary and any materials posted on our website by any visitor to our website, or by anyone who may be informed of any of its contents.

6.1

Clear aligner therapy is unpredictable. Alignerly does not guarantee a successful treatment outcome. Individual results will vary.

6.2

Alignerly warrants that its products:

(i) shall conform to the specifications represented in the treatment setup approved by the dental team;and

(ii) are free from defects in material and workmanship.

Alignerly shall not be liable for:

(i) any defects that are caused by neglect, misuse, or mistreatment of its products by the doctor, patient, or any third party;

(ii) any defects that are caused by failure to follow directions including (but not limited to) wearing aligners out of sequence not wearing aligners for the entire duration of the specified wear schedule, or wearing aligners for less than 22 hours per day;

(iii) any products being used in combination with other third party products.

6.3

Cooling off period: Aligners are considered a medical device and are therefore a customised product and are exempt from cooling-off period.

6.4

Disposing of Aligners: Patients are warned not to throw out any aligners until they have completed their treatment and are also warned to keep the final aligner before their retainer in the event the retainer breaks.

7.1
Cancellation or rescheduling of confirmed appointments require 48 hours notice.

7.2

Failure to cancel or reschedule within this 48 hour notice period as well as arrivals to clinic exceeding 15 minutes of confirmed appointment time will result in you being charged the full appointment fee without exception.

7.3

For any appointment queries please us a call at +353 (0)1 485 4506 during standard business hours or contact us via info@alignerly.com.

8.1 PAYMENTS AND BILLING PAID SERVICES

Certain of our Services, including the purchase of any products offered by us, may be subject to payments now or in the future (the “Paid Services”). Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of this Agreement. BILLING We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account on the Services (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for errors by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorise us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payments using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

8.2 PAYMENT METHOD

We accept the following forms of payment:

        

The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand. RECURRING BILLING Some of the Paid Services, such as the purchase of custom-made aligners or other products, may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By choosing an instalment payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. All recurring payments are fully earned upon payment.

WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE. CHANGE IN AMOUNT AUTHORIZED

If the amount to be charged to your Billing Account varies from the amount you pre-authorised (other than due to the imposition or change in the amount of duty and taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.

8.3 AUTO-RENEWAL FOR SUBSCRIPTION SERVICES

You have signed up for will be automatically extended for successive renewal periods of the same duration as the instalment payment term originally selected, at the then-current non-promotional rate. All fees related to instalment payment are fully earned upon payment.

8.4 REAFFIRMATION OF AUTHORIZATION

Your continued use of a instalment payment reaffirms that we are authorised to charge your Payment Method for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.

8.5 FREE TRIALS AND OTHER PROMOTIONS

Any free trial or other promotion that provides access to an instalment payment promotion must be used within the specified time of the trial.

8.6 TERMINATION

We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your instalment payment, you may do so by contacting customer service. Any fees paid hereunder are non-refundable as custom made aligners are a medical device. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

8.7 WARRANTY DISCLAIMER

We have no special relationship with or fiduciary duty to you. You acknowledge that We have no duty to take any action regarding: which users gain access to the treatment; what Content you access via the treatment; or how you may interpret or use the Content. You release us from all liability for you having acquired or not acquired Content through the treatment. We make no representations concerning any Content contained in or accessed through the treatment, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the treatment.

There are no refunds once you have started a treatment plan. Initial payments are suject to standard cooling off periods as prescribed by any law of the jurisdiction in which you live.

Successful cosmetic dental treatment is a partnership between the doctor and the patient. As a general rule, informed and cooperative patients can achieve positive alignment results. While recognising the benefits of a beautiful healthy smile, you should also be aware that, as with all cosmetic, healing dental treatment, there are limitations and potential risks. These are seldom serious enough to indicate that you should not have treatment. Please read this information carefully. Ensure you know what is expected of you as the patient (or as the parent/guardian of a young patient) during treatment. Clear aligners treatment is an orthodontic treatment in which the patient wears a series of clear, removable aligners that gradually move the teeth to improve bite function and/or aesthetic appearance. This treatment is intended to provide the end benefits of traditional “wired”, “metal” brace treatment, such as straight teeth and improved bite function, as well as the following benefits that are only available when going wireless:

  • The aligners are clear, so people may not even notice you wearing them.
  • There are no cuts or abrasions from wires or brackets, so clear aligners are more comfortable than traditional braces.
  • The aligners are removable, allowing you to eat, drink, brush and floss with freedom.

Although the benefits generally outweigh the potential risks, all factors should be considered before making the decision to wear aligners. If you choose to undergo clear cosmetic aligner treatment with Alignerly will manufacture aligners customized for your teeth based on your dentist’s prescription. Your Alignerly dentist is responsible for delivering and managing your care. Potential risks of clear aligners are as follows:

  • Treatment time may exceed estimates.
  • Poor compliance with your dentist’s instructions, wearing aligners less than 22 hours per day, excessive bone growth, poor oral hygiene can lengthen treatment time, increase the cost, and affect the quality of the end results.
  • Unusually shaped teeth can also extend treatment time and affect results. For instance, short clinical crowns can cause problems with aligner retention and slow or prevent teeth movement. • Tooth decay, periodontal disease, decalcification (permanent markings on the teeth), or inflammation of the gums may occur if proper oral hygiene and preventative maintenance are not maintained, whether wearing aligners or otherwise.
  • Sores and irritation of the soft tissue of the mouth (gums, cheeks, tongue and lips) are possible but rarely occur due to wearing aligners.
  • Initially, the aligners may temporarily affect your speech. Patients generally adapt quickly to wearing aligners and it is rare that speech is impaired for an extended period of time.
  • While wearing aligners, you may experience a temporary increase in salivation or dryness of the mouth. Certain medications can increase this.
  • Any medications you may be taking and your overall medical condition can affect your dental treatment.
  • Though uncommon, allergic reactions to the material used during treatment may occur. If you believe you are experiencing an adverse reaction, inform your dentist immediately.
  • Tooth sensitivity and tenderness of the mouth may occur during treatment—especially when advancing from one aligner to the next.
  • Bone and gums, both of which support the teeth, can be affected by wearing aligners. In some cases, their health may be impaired or aggravated.
  • Wearing aligners may aggravate teeth—previously traumatized or not.
  • Existing dental restorations, such as crowns and bridges, may be affected by wearing aligners. They may become dislodged and require re-cementation or in some instances, replacement. Before any dental restorations are replaced or added, consult your dentist, as they can affect the way your aligners sit.
  • Teeth may supra-erupt (come out of the gums more than other teeth) if not at least partially covered by the aligner.
  • Root resorption (shortening) can occur during any type of orthodontic treatment, including clear aligners. Shortened roots are of no disadvantage under healthy conditions. In rare cases, root resorption can result in loss of teeth.
  • In cases of severe crowding or multiple missing teeth, it is more likely that the aligner may break. Contact your dentist as soon as possible if this occurs.
  • Because orthodontic appliances are worn in the mouth, accidentally swallowing or aspirating the aligner—in whole or in part—may occur.
  • Though rare, problems may occur in the jaw joint, causing joint pain, discomfort, headaches or ear problems. Inform your doctor of any such problems immediately.
  • Aligners worn out of their intended sequence can delay treatment results and result in complications including (but not limited to) patient discomfort. Always wear aligners in the order specified by your doctor.
  • In some cases, a “black triangle” of missing gingival tissue may be visible below the interproximal contact when teeth are aligned after being overlapped for an extended period of time.
  • Results may relapse if proper retainer wear is not followed as directed by your doctor.
  • A successful treatment outcome cannot be guaranteed. After the customised aligners have been shipped, some cases may require refinement with additional clear aligners to achieve ideal results. There may be additional costs to you if you require such procedures. Always follow the directions for use (included with each aligner package) for best results.

Informed consent & agreement

I have read and understand the content of this document describing considerations and risks of clear cosmetic aligners. I have been sufficiently informed and have been given the opportunity to discuss this form and its contents with my dentist, and to have my questions adequately answered. I have been asked to make a choice about my treatment, and I hereby consent to receive treatment for clear aligners treatment with Alignerly. I agree to follow my dentist’s treatment exactly as s/he plans, prescribes and provides it for me, and I understand that any questions, concerns or complaints I have regarding my treatment must be communicated to my dentist as soon as they arise.

I acknowledge that neither my dentist nor Alignerly, its employees, representatives, successors, assigns, or agents, have, can, or will make any promises or guarantees as to the success of my treatment or give any assurances of any kind concerning any particular result of my treatment. I understand that Alignerly does not practice dentistry or give medical advice. I understand that Alignerly manufactures medical devices based on instructions from the prescribing dentist. I understand that I should always contact my dentist regarding my expectations, difficulties, results, or any other aspects of my treatment. I understand that it may be necessary to take impressions and/or photographs for diagnosis, professional review, and submission to Alignerly in order to create customised aligners for my cosmetic dental treatment. I recognize that these will be included in my medical records, which may include “personal data” as that term is defined and protected by the Data Protection Document. I consent to these medical records being disclosed to my dentist, other consulting dentists and orthodontists, and aligner manufacturers, some or all of whom may be located in the European Union and/or the United States of America, for the purpose of treatment, payment, and health care operations. I agree to the transfer of my personal data outside the European Union. I further agree that my dentist and/or Alignerly may use my medical records for research and educational purposes, but only to the extent that no individual identifiers, including but not limited to my name or address, are used or disclosed.

I hereby consent to such uses and disclosure(s) as described herein. Unless otherwise permitted or required by law, other uses and disclosures of my medical records, including advertising or marketing by either Alignerly, shall be made only with my prior written authorization.

I hereby certify that I have answered the smile assessment questions truthfully and accurately to the best of my knowledge. I understand that Alignerly is for natural teeth, and that ankylosed teeth and dental implants will not move. I understand the risks of orthodontic treatment include, but are not limited to, potential loss of bone or gum tissue, loosening of teeth, shortening of tooth roots, and jaw dysfunction or discomfort. Alignerly align the top 6 teeth and bottom 6 teeth as part of aligner treatment. These are considered your ‘social 6’ in dental terms. Chronic usage of anti-inflammatory medications, aspirin, estrogens, or calcitonin may slow or limit tooth movement.

I hereby certify that I have been examined by a licensed dentist within the past year, have received a thorough dental cleaning in the last six months, and do not have any of the above conditions or any other condition that may affect my medical or dental health or ability to be treated properly.

Additionally, I understand that I have been advised by Alignerly, that my best health interest would be served by having an orthodontic consultation by a licensed dental professional before purchasing any dental aligner or positioning system. I certify that I am over 18 years of age and do not wish to have an “in person” orthodontic evaluation before purchasing the Alignerly aligner treatment. In the event that I do not proceed with treatment due to a contraindication or treatment or any other medical reason, I will seek care and follow up with my regular dental professional.

I have read and understand Alignerly Ltd’s Terms and Conditions and agree to be bounded by them. I accept that the predictive positioning is an estimated position and I am not guaranteed to achieve these results. I agree to wear a Alignerly retainer for 22 hours a day, for 6 months, followed by indefinite use of the retainer at night, to maintain the results of my treatment and promote healing. I agree to enter into this aligner treatment with Alignerly and will not hold Alignerly , any supplier, or any member of staff responsible for my medical or dental health.

Terms can be reviewed at: www.alignerly.com/terms I acknowledge I will not, nor shall anyone on my behalf, seek or obtain damages or remedies—legal, equitable, monetary, or otherwise—arising from any use of my medical records that complies with the terms of this Informed Consent and Agreement. I acknowledge I have read, understand, and voluntarily consent to the use of clear aligners in accordance with terms of this Informed Consent and Agreement.