1. Introduction:
These Terms and Conditions ("Terms") govern your access to and use of the Tivtav platform ("Service"), operated by Tivtav B.V. ("Tivtav", "we", "us", or "our").By registering for or using the Service, you — on behalf of yourself or the dental or healthcare practice you represent ("Customer", "you") — agree to be bound by these Terms. If you do not agree, do not use the Service.These Terms constitute a legally binding agreement between Tivtav and the Customer. Where the Customer is an organisation, the individual accepting these Terms represents that they have the authority to bind that organisation.
2. Defintions
"Service" means the Tivtav SaaS operational platform, including all features, modules, updates, and associated documentation.
"Customer" means the dental or healthcare practice or legal entity that has registered for and is using the Service.
"User" means any individual authorised by the Customer to access the Service under the Customer's account. "Subscription" means the paid plan selected by the Customer granting access to the Service for a defined period.
"Customer Data" means all data, content, and information submitted to or processed through the Service by the Customer or its Users.
"Confidential Information" means any non-public information disclosed by one party to the other in connection with these Terms, including but not limited to pricing, product roadmaps, technical architecture, and Customer Data.
3. The Service
3.1 Access Subject to these Terms and timely payment of applicable fees, Tivtav grants the Customer a non-exclusive, non-transferable, limited right to access and use the Service during the Subscription period, solely for the Customer's internal business operations.
3.2 Scope The Service is designed to support the operational management of dental and healthcare practices, including team administration, scheduling, operatory management, inventory, supplier management, hiring, education, and business performance tracking.
3.3 Availability Tivtav will use commercially reasonable efforts to ensure the Service is available 99.5% of the time in any given calendar month, excluding scheduled maintenance windows. We will provide advance notice of planned maintenance wherever practicable.
3.4 Updates & Changes Tivtav may update, modify, or improve the Service at any time. We will not materially reduce the core functionality of a paid Subscription without notice. Significant changes will be communicated with a minimum of 30 days' notice.
4. Subscriptions & Payment
4.1 Plans The Service is offered on a subscription basis. Available plans, pricing, and included features are set out on our website or as agreed in a separate Order Form.
4.2 Billing Subscriptions are billed in advance, either monthly or annually depending on the plan selected. All fees are exclusive of applicable taxes (including VAT), which will be added where required by law.
4.3 Payment Payment is due on the date the Subscription period begins or renews. Tivtav reserves the right to suspend access to the Service if payment is not received within 14 days of the due date.
4.4 Price Changes Tivtav may adjust pricing at any time. For existing Customers, price changes will take effect at the start of the next Subscription renewal period, with a minimum of 30 days' written notice.
4.5 Refunds Subscription fees are non-refundable except where required by applicable law, or where Tivtav has materially failed to provide the Service as described. Unused time on a Subscription is not refunded upon cancellation.
4.6 Free Trials Where a free trial is offered, it is provided as-is with no warranties. At the end of the trial period, continued access requires the start of a paid Subscription.
5. Customer Obligations
The Customer agrees to:
— Use the Service only for lawful purposes and in accordance with these Terms.
— Ensure that all Users comply with these Terms.
— Not use the Service to store, transmit, or process any data in a manner that violates applicable law or infringes the rights of any third party.
— Not attempt to gain unauthorised access to any part of the Service or its underlying infrastructure.
— Not reverse engineer, decompile, or disassemble any part of the Service.
— Not resell, sublicense, or otherwise make the Service available to third parties without Tivtav's prior written consent.
— Not use the Service to develop a competing product or service.
— Maintain the accuracy and completeness of data entered into the Service.
6. Intellectual Property
6.1 Tivtav IP All intellectual property rights in the Service, including its software, design, features, documentation, trademarks, and brand elements, are owned by or licensed to Tivtav. Nothing in these Terms transfers any such rights to the Customer.
6.2 Feedback If the Customer provides feedback, suggestions, or ideas about the Service, Tivtav may use these freely without obligation, compensation, or attribution.
6.3 Customer IP Nothing in these Terms grants Tivtav any rights in the Customer's own intellectual property, brand, or materials beyond what is strictly necessary to provide the Service.
7. Confidentiality
Each party agrees to keep the other's Confidential Information strictly confidential and not to disclose it to any third party without prior written consent, except as required by law or regulation. This obligation does not apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was already known to the receiving party prior to disclosure; (c) is independently developed without reference to the Confidential Information; or (d) is required to be disclosed by law, court order, or regulatory authority, provided the disclosing party is given reasonable advance notice where permitted.
8. Warranties & Disclaimers
8.1 Tivtav Warranty Tivtav warrants that it will provide the Service with reasonable skill and care, and that the Service will substantially conform to its documented functionality.
8.2 Disclaimer Except as expressly set out in these Terms, the Service is provided "as is" and "as available". Tivtav makes no warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.
8.3 No Professional Advice The Service is an operational management tool. Nothing in the Service constitutes legal, financial, medical, regulatory, or employment advice. The Customer is responsible for its own compliance obligations, including those relating to patient data, employment law, and healthcare regulation.
9. Limitation of Liability
9.1 Exclusion of Consequential Loss To the maximum extent permitted by law, Tivtav shall not be liable for any indirect, incidental, special, or consequential loss or damage, including loss of profits, loss of revenue, loss of data, or loss of business opportunity, arising in connection with these Terms or the use of the Service.
9.2 Cap on Liability Tivtav's total aggregate liability to the Customer for any and all claims arising under or in connection with these Terms shall not exceed the total fees paid by the Customer to Tivtav in the twelve (12) months immediately preceding the event giving rise to the claim.
9.3 Exceptions Nothing in these Terms limits either party's liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded or limited by applicable law.
10. Indemnification
The Customer agrees to indemnify, defend, and hold harmless Tivtav and its officers, directors, employees, and agents from and against any claims, damages, losses, and expenses (including reasonable legal fees) arising out of or relating to: — The Customer's use of the Service in violation of these Terms — Customer Data, including any claim that Customer Data infringes the rights of a third party — The Customer's violation of any applicable law or regulation — Any act or omission of the Customer's Users
11. Force Majeur
Neither party shall be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including natural disasters, acts of government, war, civil unrest, infrastructure failures, or third-party service outages. The affected party must notify the other promptly and use reasonable efforts to resume performance as quickly as possible.
12. Modifications to Terms
Tivtav may update these Terms from time to time. Material changes will be communicated via email and/or in-platform notification at least 30 days before taking effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms. If the Customer does not accept the updated Terms, they may cancel their Subscription prior to the effective date.
13. Governing Law & Disputes
These Terms are governed by and construed in accordance with the laws of Belgium, without regard to its conflict of law provisions.
Any dispute arising out of or in connection with these Terms shall first be subject to good-faith negotiation. If unresolved within 30 days, disputes shall be submitted to the exclusive jurisdiction of the courts of Brussels, Belgium.
Nothing prevents either party from seeking urgent injunctive or interim relief in any competent court.
General
Entire Agreement: These Terms, together with our Privacy Policy and Data Processing Agreement, constitute the entire agreement between the parties regarding the Service and supersede all prior discussions, representations, or agreements.
Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions continue in full force.
Waiver: Failure by either party to enforce any provision of these Terms shall not constitute a waiver of future enforcement.
Assignment: The Customer may not assign these Terms or any rights hereunder without Tivtav's prior written consent. Tivtav may assign these Terms in connection with a merger, acquisition, or sale of assets, with notice to the Customer.
Notices: Formal notices under these Terms must be sent by email to the address provided at account registration.
Tivtav
