August 2026
1 General | Scope of application
1.1 These General Terms and Conditions (“GTC”) apply to all contracts between DentalTwin GmbH, Brunnenkamp 1, D-38642 Goslar (“DentalTwin”) and DentalTwin’s customers who are business entities within the meaning of § 14 of the German Civil Code (BGB) (“Customers”).
1.2 These Terms and Conditions apply to and form an integral part of all contracts entered into between DentalTwin and the customer.
1.3 These Terms and Conditions also apply to future contracts between DentalTwin and the customer, without the need for DentalTwin to provide a specific notice in each individual case. These Terms and Conditions shall be deemed accepted by the customer no later than when the customer makes use of DentalTwin’s services.
1.4 These Terms and Conditions apply to the exclusion of all other terms and conditions. Any deviating, conflicting, or supplementary general terms and conditions of the customer shall only become part of the contract to the extent that DentalTwin has agreed to them in writing.
1.5 Where the terms “in writing,” “in written form,” or similar terms are used in these Terms and Conditions, they refer to the written form as defined in Section 126 of the German Civil Code (BGB). The electronic exchange of copies of handwritten documents or documents bearing a simple electronic signature (such as those created using DocuSign or Adobe Sign) is sufficient for this purpose. Unless expressly provided otherwise in these Terms and Conditions, the exchange of simple emails is not sufficient for this purpose.
1.6 All notices and statements made by the Customer to DentalTwin must be provided at least in writing as defined in § 126b of the German Civil Code (BGB) (a simple email is sufficient) or in a more formal manner, unless otherwise specified in these Terms and Conditions in specific cases.
1.7 References in these Terms and Conditions to the applicability of statutory provisions are for clarification purposes only. Consequently, the statutory provisions apply even if no such clarification is provided, unless the statutory provisions are supplemented or expressly excluded in these Terms and Conditions.
1.8 For practical reasons, these Terms and Conditions do not use a mix of feminine, masculine, and diverse gendered forms; instead, the generic masculine form is used. All references to persons apply equally to all genders.
2. Platform | Individual Services | Terms of Use
2.1 DentalTwin grants the customer access to DentalTwin’s software platform (“Platform”) in accordance with the Terms of Use and enables the customer to use certain paid individual services provided by DentalTwin (“Individual Services”).
2.2 In order to use individual services, the customer must register on the platform. To do so, the customer must enter certain information on the platform, set a password of their choice in a registration form provided online by DentalTwin, and create a user account (“User Account”). Upon completion of registration, the customer will generally receive an email from DentalTwin allowing them to activate their user account. DentalTwin reserves the right to reject registrations at its sole discretion without providing a reason. Upon activation of the user account, a binding contract between DentalTwin and the customer regarding the use of the platform comes into effect (“User Agreement”).
2.3 The customer is required to provide complete and accurate information upon registration. The customer is also required to keep their business-related data in user accounts up to date and is responsible for ensuring its accuracy and completeness. The customer is required to notify DentalTwin of any changes to such information immediately.
2.4 The customer may maintain as many user accounts as desired for its employees. The customer shall ensure that the user IDs and passwords it receives during registration on the platform are stored, maintained, and used securely at all times and that third parties do not have access to them.
2.5 DentalTwin will make commercially reasonable efforts to keep the platform available. Scheduled maintenance may result in service interruptions. DentalTwin will notify the customer of such interruptions in advance whenever possible.
3. Use of the Platform
3.1 In accordance with the User Agreement, DentalTwin grants the Customer, for the duration of the User Agreement, a non-exclusive, non-transferable, and non-sublicensable right to use the Platform for the purpose of accessing individual services. The platform is provided as currently described on the DentalTwin website.
3.2 The Customer may not (and may not permit third parties to) do any of the following, either directly or indirectly: (a) sublicense, transfer, distribute, share, or otherwise generate revenue from the Platform or any part thereof; (b) copy the Platform or any part thereof onto a public or distributed network or make it accessible there; (c) modify, adapt, or translate all or any part of the Platform, or create derivative works based on the Platform; (d) remove, alter, obscure, or otherwise modify any proprietary notices appearing in the Platform or any part thereof; (e) use the Platform outside the scope of the license described in this Section 3; or (f) use the Platform to (i) store, download, or transmit infringing, defamatory, or otherwise unlawful or unauthorized material, or malicious code or malware; (ii) engage in phishing, spamming, denial-of-service attacks, or other fraudulent or criminal activities; (iii) compromise the integrity or performance of third-party systems or alter or delete the offers or data contained therein; (iv) to attempt to gain unauthorized access to the Platform or to DentalTwin’s systems or networks; or (v) to conduct penetration tests, vulnerability analyses, or other security assessments, or to commission third parties to conduct them.
3.3 The customer may not interfere with the operation of the platform or use the data accessible on it for any purpose other than that specified in the contract.
3.4 Furthermore, the customer may only use the platform as currently described on the DentalTwin website, including the Frequently Asked Questions (FAQ) section.
4. Term and Termination of the License Agreement
4.1 The User Agreement is entered into for an indefinite term and may be terminated by either party by giving the other party four weeks’ notice effective at the end of a calendar month. Notwithstanding the termination of the User Agreement, the provisions of any existing subscription between the parties shall remain unaffected until the expiration of the current subscription term and shall continue to apply. The terms of this User Agreement shall continue to apply until the relevant subscription has expired or been terminated.
4.2 The parties’ right to terminate the User Agreement immediately for good cause remains unaffected. A valid reason entitling DentalTwin to such termination exists, in particular, if (a) the customer seriously and/or repeatedly breaches his obligations under these Terms and Conditions, and DentalTwin cannot reasonably be expected to continue the contractual relationship as a result; (b) the customer engages in conduct, in particular by registering with dishonest intentions or taking other actions that are likely to significantly jeopardize DentalTwin’s business interests; and/or (c) the customer objects to an amendment to these Terms and Conditions pursuant to Section 16.2.
4.3 It is the customer’s responsibility to back up any data that they wish to continue using after the end of the User Agreement by downloading it to their own storage medium in a timely manner before the agreement expires. DentalTwin generally stores the customer’s data after the end of the user agreement only to the extent that DentalTwin is required to do so by tax, commercial, or other legal regulations. In addition, DentalTwin may continue to store the customer’s data for a separate fee and subject to a separate agreement between the parties.
5. Contracts for Individual Services
5.1 Unless expressly agreed otherwise, individual services constitute services within the meaning of Section 611 of the German Civil Code (BGB). These may include the creation of 3D files or other files for further dental use (“Results”).
5.2 DentalTwin’s offer on the platform is subject to change without notice. By clicking the appropriately labeled button within a user account or, at the latest, upon the customer’s submission of the uploaded data to DentalTwin via the platform, the customer declares that they wish to commission the selected service from DentalTwin. In doing so, the customer submits a binding offer to enter into a service agreement for the selected service.
5.3 If DentalTwin expressly accepts the customer’s offer through a separate statement, a binding service agreement is formed between DentalTwin and the customer, no later than when DentalTwin makes the results file available for download via the platform.
5.4 The customer is obligated to ensure that the information, user data, and content required for the provision of individual services are provided in full and without errors. DentalTwin may suspend the further provision of individual services until such information, user data, and content are provided in full.
5.5 The results constitute digital outputs of a customized, AI-supported, and human-driven planning service and are an integral part of the service pursuant to § 611 BGB. The results are made available via the platform in digital file formats customary in the industry and do not constitute formal acceptance by the customer within the meaning of Section 640 of the German Civil Code (BGB).
5.6 DentalTwin shall remedy any defects in the results reported by the customer in writing by providing subsequent performance within a reasonable period of time, at its discretion, either by repairing the defects or by providing a replacement.
5.7 To an extent determined by DentalTwin in its sole discretion, DentalTwin may also provide the Customer with results free of charge for trial purposes (“Test Cases”). DentalTwin may reduce, discontinue, restrict, or otherwise modify the provision of Test Cases at any time. Subject to the provisions in Section 15, DentalTwin assumes no obligations regarding warranties, indemnification, support, or availability for test cases. Such results do not constitute a guarantee of (future) characteristics of the individual services.
6. Subscriptions for Individual Services
6.1 To the extent agreed upon in the User Agreement, individual services may be purchased as part of a subscription with a specified usage quota in the form of a credit balance (“Subscription”).
6.2 Each customer may subscribe to only one subscription at a time.
6.3 Unless otherwise specified in the User Agreement, the subscription remains in effect for a period of one (1) month and is automatically and continuously renewed for an additional month at a time, unless the customer or DentalTwin terminates the subscription with one (1) day’s notice, effective as of the end of the current term. The customer is not entitled to terminate a subscription with ordinary notice prior to the expiration of the respective term.
6.4 Any unused credit expires at the end of the subscription period.
6.5 Cancellation of the subscription does not affect the user agreement.
7. Integration with Third-Party Systems
7.1 DentalTwin may offer the customer the option of integrating individual services into specific third-party systems (“Integration Services”). Unless otherwise expressly agreed, these Integration Services constitute services within the meaning of § 611 of the German Civil Code (BGB).
7.2 In this case, DentalTwin provides only the integration services. To use third-party systems, the customer must enter into a separate agreement with the respective third-party system provider. DentalTwin assumes no liability for the functionality, availability, or quality of such third-party systems.
7.3 The customer shall bear the fees listed on the platform for the use of integration services with third-party systems.
7.4 The customer is required to use one of the payment methods offered by DentalTwin on the platform to make payment.
7.5 These fees are nonrefundable and are charged regardless of any contracts for individual services or the user agreement.
8. Customer Obligations
8.1 The customer is obligated to use the platform and individual services only in full compliance with all applicable laws and regulations and solely for the purposes specified in the product description. The most current version of the product description is available on the platform and/or on DentalTwin’s websites.
8.2 The customer is obligated to procure and maintain, at its own expense, the technical equipment and related ancillary services necessary for the customer’s connection to, access to, or other use of the platform. This applies in particular to hardware, software, servers, operating systems, networks, and mobile devices (collectively, “Technical Equipment”). DentalTwin’s requirements for Technical Equipment, as currently in effect, can be viewed on DentalTwin’s website.
8.3 The customer is solely responsible for the security of the technical equipment, as well as for any use of the technical equipment, whether known or unknown to the customer.
8.4 The customer is solely responsible for the data that is displayed, uploaded, stored, exchanged, or transmitted by the customer or its users via or through the platform (collectively, “User Data”).
8.5 The customer may not upload any personal data of third parties—in particular, health data—to the platform or transmit such data to DentalTwin in any other way. The customer must anonymize or pseudonymize any personal data in accordance with data protection regulations before using the platform.
8.6 The customer may not access, export, save, or use previews, interim results, or result files that have not been released outside the scope of an authorized retrieval. Release/download authorization is granted only after proper approval by DentalTwin.
8.7 DentalTwin is entitled, without prior notice and without incurring any liability, investigate alleged violations of the User Agreement—including these Terms and Conditions, in particular Section 8.6—by the Customer and may take legal and/or technical measures against the Customer that DentalTwin deems appropriate to remedy such violations. Such measures include restricting, suspending, or terminating the Customer’s access to the platform. Any further claims by DentalTwin, including claims for damages, remain unaffected by this provision.
8.8 In the event of unauthorized use of a password or user account, any other known or suspected security breach, or any misuse of the platform, the customer is required to notify DentalTwin immediately. The customer is liable for any unauthorized use of the user account.
9. Property Rights | User Data | Security
9.1 DentalTwin and any of DentalTwin’s contractors are and shall remain the owners of all proprietary rights, including copyrights, database rights, patents, trade secrets, trademarks, and all other intellectual property rights and technical solutions in and related to the Platform, as well as all other software components provided by DentalTwin (“DentalTwin IP”). The Customer acknowledges that the rights granted under the concluded User Agreement do not confer any ownership rights to the DentalTwin IP upon the Customer.
9.2 Ownership of content and data that the Customer provides to DentalTwin in connection with the use of the Platform or the use of individual services (“Content”), as well as responsibility for such content and data, remain with the Customer. The Customer grants DentalTwin a non-exclusive, non-transferable, sublicensable right, unlimited in terms of geographic scope and content, to make full use of the Content and user data for the purpose of providing the Platform and rendering the individual services. The customer declares that it possesses sufficient rights to transfer the Content and User Data to DentalTwin.
9.3 Subject to the provisions in Section 15, DentalTwin is not responsible for the content or user data. The customer bears sole responsibility for the further dental use of the results provided by DentalTwin. In particular, the customer is solely responsible for reviewing, verifying, and validating the results prior to their use.
9.4 DentalTwin will take reasonable measures to ensure that the platform’s security meets industry standards.
9.5 DentalTwin has the right to update, upgrade, downgrade, restrict, or otherwise modify the scope, features, and/or content of the Platform at any time and without prior notice. Subject to the provisions in Section 15, DentalTwin assumes no obligations regarding warranties, indemnification, maintenance, support, or availability with respect to the platform.
10. Right to Use the Results
10.1 Upon full payment by the customer of the fees specified in Section 11, DentalTwin grants the customer an exclusive, non-transferable, and non-sublicensable right to use the deliverables provided.
10.2 The right of use granted pursuant to Section 10.1 is limited to the purpose of the respective DentalTwin service as specified in the product description. Any use beyond this scope is prohibited without DentalTwin’s express written consent.
11. Prices | Payment Terms
11.1 The prices displayed on the platform at the time the customer places an order with DentalTwin shall apply.
11.2 Payment is due in advance at the time the customer places the order.
11.3 The customer is required to use one of the payment methods offered by DentalTwin on the platform to make payment.
11.4 If a subscription has been purchased, the fees are due monthly in advance. For use without a subscription, the prices are due for each access at the time the request is made.
11.5 DentalTwin issues invoices and credit memos exclusively in electronic form. All documents are available to the customer on the platform.
12. Set-off | Retention | Assignment
12.1 The customer may set off its own claims against DentalTwin’s claims or assert a right of retention only to the extent that the customer’s claims have been legally established or are undisputed or acknowledged by DentalTwin.
12.2 The assignment of the Customer’s claims against DentalTwin requires DentalTwin’s prior written consent. DentalTwin will refuse such consent only for a valid reason. Section 354a of the German Commercial Code (HGB) remains unaffected.
13. Confidentiality
13.1 The Customer and DentalTwin acknowledge that they have exchanged or will exchange certain business, technical, or financial information relating to the business operations of DentalTwin or the Customer (“Confidential Information”). DentalTwin’s Confidential Information includes, but is not limited to, non-public information regarding the features, functions, and performance of the platform.
13.2 The Customer and DentalTwin shall protect each other’s Confidential Information and shall not use such Confidential Information (except to provide the Platform and perform the Individual Services or in any other manner permitted under these Terms and Conditions) or disclose it to third parties. This does not apply to information for which the Customer or DentalTwin can demonstrate that (a) it is or becomes generally available to the public; or (b) it was already lawfully in the possession of the Customer or DentalTwin, respectively, prior to its receipt; or (c) such information was lawfully made available to the Customer or DentalTwin by a third party without any restrictions; or (d) such information was developed independently and without the use of Confidential Information; or (e) such information must be disclosed pursuant to legal requirements.
13.3 DentalTwin is entitled to collect and analyze data and other information relating to the provision, use, and performance of the Platform and associated systems and technologies (in particular, information concerning user data and content), and DentalTwin is free, both during and after the termination of the User Agreement, to use such data and information or to allow others to use it in order to improve and further develop the platform, as well as for the purpose of further development, diagnostic, and corrective measures relating to the platform and other offerings from DentalTwin, however, exclusively in aggregated or otherwise anonymized form and exclusively in a manner that does not directly disadvantage the customer.
13.4 DentalTwin is authorized to cite the customer’s company name and logo as a reference in marketing materials used by DentalTwin and on DentalTwin’s websites. In doing so, DentalTwin will not disclose the names of the Customer’s employees or any other personal data of the Customer, unless the Customer or the Customer’s employee has provided separate consent to do so.
14. Data Protection
14.1 The Customer and DentalTwin shall at all times comply with the requirements of applicable data protection law, in particular the EU General Data Protection Regulation.
14.2 Information regarding DentalTwin’s handling of personal data can be found in DentalTwin’s Privacy Policy. It can be viewed at https://dentaltwin.de/datenschutz/.
15. DentalTwin’s Liability | Statute of Limitations
15.1 DentalTwin shall fulfill its contractual obligations with the care expected of a prudent businessperson.
15.2 Notwithstanding the provisions of § 599 of the German Civil Code (BGB), DentalTwin shall be liable without limitation for (a) personal injury caused by DentalTwin, its legal representatives, or vicarious agents; (b) damages caused intentionally or through gross negligence by DentalTwin, its legal representatives, or executive officers; (c) damages caused intentionally by DentalTwin’s vicarious agents not mentioned in (b); (d) damages resulting from the absence of a guaranteed quality; and (e) claims arising under the Product Liability Act.
15.3 Notwithstanding the provisions of § 599 of the German Civil Code (BGB), DentalTwin shall be liable for damages resulting from a breach of its cardinal obligations under the contract by DentalTwin, its legal representatives, executive officers, or agents. Cardinal obligations are the essential obligations that form the basis of the respective contract, were decisive for the conclusion of the respective contract, and on the fulfillment of which the customer may rely. If the breach of such cardinal obligations is caused by (a) slight negligence on the part of DentalTwin, its legal representatives, or executive officers, or (b) slight or gross negligence on the part of DentalTwin’s vicarious agents not listed in (a), DentalTwin’s liability shall be limited to the amount that was foreseeable to DentalTwin at the time of the respective performance.
15.4 Notwithstanding the provisions of § 599 of the German Civil Code (BGB) and the provisions in Sections 15.2 and 15.3, DentalTwin shall not be liable for damages resulting from a breach of obligations that do not constitute cardinal obligations and that are caused (a) through slight negligence on the part of DentalTwin, its legal representatives, or executive officers, or (b) are caused by slight or gross negligence on the part of DentalTwin’s agents not mentioned in (a).
15.5 Notwithstanding the provisions of § 599 of the German Civil Code (BGB) and the provisions in Section 15.2, DentalTwin’s liability arising from or in connection with the User Agreement or a contract for individual services, and/or these General Terms and Conditions, is limited in total, per claim, to the net amount of payments that the customer has made or is obligated to make to DentalTwin under the respective contract in connection with which the damaging event occurred.
15.6 In all other respects, DentalTwin’s liability is excluded.
15.7 DentalTwin’s liability for data loss is limited to the amount of the typical recovery costs that would have been incurred if the customer had performed proper and regular data backups.
15.8 Except for claims arising from damages caused by willful misconduct or gross negligence, as well as claims arising from personal injury, the statute of limitations for the Customer’s claims under the respective contract and these General Terms and Conditions is 12 months.
16. Changes to These Terms and Conditions
16.1 DentalTwin may amend and/or update these Terms and Conditions with future effect, provided that such amendments do not affect the fundamental terms of the legal relationship between DentalTwin and the customer and do not amount to the conclusion of a new contract.
16.2 The customer will be notified of any amendment to these Terms and Conditions in writing (a simple email is sufficient) at least 6 weeks before the amendment is scheduled to take effect. The customer may accept or reject the amendment before the date it is scheduled to take effect.
16.3 The change shall be deemed accepted by the customer if the customer does not object to the change before the date on which it is scheduled to take effect, or if the customer continues to use the platform and/or the individual services as of the date the change is scheduled to take effect. DentalTwin will expressly inform the customer of this in the relevant announcement.
17. Final Provisions
17.1 The contract concluded between the customer and DentalTwin, including the provisions of these General Terms and Conditions, fully sets forth the agreements between DentalTwin and the customer with respect to the subject matter of the contract and supersedes all prior written, oral, and implied agreements. No collateral agreements, whether written, oral, or implied, have been made.
17.2 Notwithstanding the provision in Section 16, any amendments or additions to a contract must be in writing and must expressly refer to the contract in order to be valid. This also applies to any agreement to deviate from or waive this formal requirement.
17.3 No agency relationship, partnership, business association, or employment relationship is established by this Agreement, and the Customer is not authorized to legally bind DentalTwin in any way. No temporary employment within the meaning of the German Temporary Employment Act (AÜG) takes place.
17.4 Every contract, as well as all rights arising from or in connection with it, shall be governed exclusively by German law, to the exclusion of any provisions of private international law that would result in the application of the law of a country other than Germany. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
17.5 The exclusive venue for all disputes arising out of or in connection with a contract is Goslar, Germany. However, by mutual agreement, a different venue may be chosen at any time, in particular to save costs or to involve specialized courts.
17.6 If any provision of a contract, including the provisions of these General Terms and Conditions, is or becomes wholly or partially void, invalid, unenforceable, or inapplicable, the validity and enforceability of the remaining provisions shall remain unaffected. DentalTwin and the customer are obligated to agree on a provision to replace the defective one that, within the limits of what is legally possible, most closely approximates what DentalTwin and the customer would have agreed upon in accordance with the spirit and purpose of the contract had they recognized the defectiveness of the provision. The same applies to any gaps in the contract or these Terms and Conditions.
DentalTwin GmbH
Braunschweig Local Court HRB 208207