Terms of Use

By using the Dental Focus Portfolio App you agree to these Terms.

Last update: 11 July 2023

If you have any questions about this Terms, please email [email protected]

Subscription Agreement

Recitals

1. Dental Focus Portfolio is a trading name for Sucofocus Ltd t/a Dental Focus, a company registered in England and Wales #04946613 with address at 11 Laud Street, Croydon, Greater London CR0 1SU, United Kingdom.
2. Dental Focus Portfolio is the Licensor (the Owner) of the product (the Product) described in Part A of the Schedule.
3. The Licensee (the Subscriber) agrees to have a monthly subscription of the Product licenced by the Owner as described in the Schedule.
4. This Agreement supersedes all previous agreements. All Subscriber contractual obligations are now replaced with this Agreement, which will be kept up-to-date and updated from time to time with the latest version published here.

The Parties Agree as follows:

1. Grant of Subscription

• The Owner hereby grants to the Subscriber the authority to use the Product for the purpose (the Purpose) set out in Part B of the Schedule.
• The Subscriber promises to the Owner as an essential term of this Agreement that the Subscriber will only use the Product for the Purpose in the Territory during the Term.

2. Free Subscription

This Free Subscription service is set out in Part E of the Schedule.

3. Acknowledgement by the Subscriber

• The Subscriber acknowledges and undertakes to the Owner that:
  • the Subscriber will not dispute or challenge the Owner’s exclusive ownership of the Product and all intellectual property therein;
  • nothing herein confers on the Subscriber any interest in the Product or right to use the Product except to the extent permitted in this subscription;
  • all enhancements, new uses and adaptations of the Product developed by the Owner shall be owned by the Owner.
  • the Subscriber allows the Owner to advertise and monetise the Product in order to provide a continuous Free Subscription service for Subscribers.
• The Subscriber promises not by act or omission to bring the Owner or the Product into disrepute and not to do anything that might harm the interest and reputation of the Owner or Product.
• The Subscriber must promptly record all complaints it receives from any person with respect to the Product and must promptly notify and provide full details to the Owner via the App’s Tech Support form or emailing [email protected]
• The Subscriber must not advertise on the Product any companies, services or products that are in competition with the Product or the Owner. The Owner reserves the right to remove any event, advert or sponsor without any notice if it breaches these Terms.

4. Breaches and Termination

• If the Subscriber breaches any of the provisions of this Agreement and fails to remedy the breach within 7 days of being requested by the Owner to do so, the Owner may at the Owner’s absolute discretion terminate this Agreement by giving written notice to the Subscriber to that effect.
• Upon termination through breach or expiry of the Term the Subscriber must immediately:
  • cease to use the Product; and
  • return all of the Owner’s property in the Subscriber’s possession.
• The Owner may in the event of breach as an additional remedy to termination claim damages from the Subscriber for any loss or damage which the Owner might thereby suffer.

5. GDPR, CCPA/CPRA and Data Protection

• The Dental Focus Portfolio App follows and implements regulatory requirements under the California Consumers Protection Act 2018 (CCPA), California Privacy Rights Act 2023 (CPRA), UK General Data Protection Regulation (UK GDPR), UK DPA 2018, UK PECR and EU General Data Protection Regulation (EU GDPR) in accordance with the Privacy Notice.

6. Limitation of Liability

• The Subscriber acknowledges to the Owner and it is hereby expressly agreed that the Owner will not be liable to the Subscriber for any downtime, loss or damage (including loss of profits and consequential damage) suffered by the Subscriber as a direct or indirect consequence of the use of the Product. 
• Where liability on the part of the Owner and Owner cannot for any reason be fully excluded then the Owner will only be liable to the Subscriber for damages capped at the total amount received by the Subscriber by way of Subscription Fees and the Subscriber hereby expressly waives and abandons any entitlement it might otherwise have to claim any sum by way of damages or compensation from the Owner to the extent to which that sum exceeds the aggregate amount of the Subscription Fees received under this Agreement.

7. Whole Agreement

This Agreement represents the whole of the terms of the licence between the Owner and the Subscriber and all representations, undertakings, prior agreements or arrangements are expressly excluded.  The Subscriber expressly acknowledges that in entering into this Agreement it has not relied upon any prior representation made by the Owner or any prior representatives concerning the Product, its uses or specifications.

8. Jurisdiction and Proper Law

This Licence is governed by and is to be construed and enforced in accordance with the laws of England.  Any court proceedings brought to enforce any provision of this Agreement will be brought in the courts of England and the parties submit to the jurisdiction of those courts.

Schedule

A. Product

The Product is the Dental Focus Portfolio App, which allows registered users to create or join one or more community apps (available on both iOS and Android). Each community app is an ecosystem for communities to use direct messages, group chats, event bookings, payments, and tickets. Members will be required to use compatible smartphones to download the App (free of charge) from the Apple and Android App Stores, signing-in using their verified email address. 

B. Purpose

The Purpose of this Subscription Agreement is to allow the Subscriber to use and monetise the Product. Each Dental Focus Portfolio will be able to monetise the Product (only individually as one club or Dental Focus Portfolio, not as a group of two or more clubs/societies i.e. not as a collective) and be responsible for its own individual sponsorship and advertising deals (keeping 100% of any of its own independently negotiated and collected funds) when using the App to create Event Sponsorships (logos/links on Event Info) and Event/Calendar Advertisements (advert posts in the Event/Calendar feeds).  

C. Term

The Term of this License Agreement is a monthly-rolling subscription.

D. Territory

The Subscriber’s Territory in which they may utilise the Product is within their own University, College or School only.

E. Free Monthly Subscription

It is agreed that the Monthly Subscription Fee is Nil ($0.00 per month) and the Owner will aim to continue the Product’s Free Subscription.

If you are a User or Subscriber using the Dental Focus Portfolio App’s free subscription, you agree that in exchange for the Dental Focus Portfolio App’s free hosting, development, improvements and technical support, Dental Focus Portfolio has the rights to: 

• advertise to you through the app;
• attract advertisers/sponsors;
• charge transaction fees within the app;
• communicate to you via email, SMS and push notifications, allowing you to opt-out of marketing related communications;

to fund and provide a Free Subscription service for you. 

To read in more detail on how we may process your personal data, please read our Privacy Notice.

F. Dental Focus Portfolio Pay Transaction Fees

Dental Focus Portfolio Pay Transaction Fees are separate to the Free Subscription service. The Subscriber may opt-in to use the in-App’s payment gateway ‘Dental Focus Portfolio Pay’ to collect and process payments via the App (e.g. for event online booking or purchases with credit/debit card payments via the App). All payments collected on behalf of the Subscriber will be paid out to the Subscriber within 5-7 days less necessary transaction admin fees. Transaction admin fees may fluctuate depending on Stripe’s secure platform and integration costs. The purpose of the transaction admin fees is to cover the administration cost of providing the payment gateway and all banking costs incurred in order to provide a seamless high quality service of receiving payments via the App. This is an optional feature for the Subscriber.

The Dental Focus Portfolio app does not store any bank or card payment details. All financial data is stored by Stripe and processed by Dental Focus Portfolio App in real-time via Stripe API. All card numbers are encrypted on disk with AES-256. Decryption keys are stored on separate machines. Stripe’s infrastructure for storing, decrypting, and transmitting card numbers runs in separate hosting infrastructure, and doesn’t share any credentials with Stripe’s primary services.

To read in more detail on how we may process your personal data, please read our Privacy Notice.