TERMS OF USE

QAdental (hereinafter also referred to as the “Service”) is a service provided by Suomen Kotilääkäripalvelu Oy (hereinafter also referred to as the “Provider”). QAdental is a registered trademark of the Provider.

These are the Terms of Use of the QAdental Service. By using the Service, you accept these Terms as binding upon you. These Terms of Use apply between the customer/user and the Provider, unless otherwise agreed in writing.

The address of Suomen Kotilääkäripalvelu Oy (business ID 1911124-5) is c/o Terveydenhuolto.com, Ruoholahdenkatu 8, 00180 Helsinki.

1. DESCRIPTION OF THE SERVICE

QAdental is a service intended for healthcare professionals and healthcare students. Within the Service, you can receive training, ask questions, provide advice to other users, and exchange information related to patient care. QAdental is not a consumer service.

The Service currently consists of the following sections:

Consultation Service, where users can ask questions and receive advice from other healthcare professionals regarding, for example, patient care. Other users can be consulted free of charge. In the paid service, users may consult QAdental’s official experts.
Continuing Education Service, which offers a wide range of educational content for healthcare professionals. Continuing education includes, among other things, webinars, videos, vodcasts, and tests that allow users to develop their professional skills and obtain continuing education certificates. Some educational content is accessible without a paid license. By taking a test, the user can receive a continuing education certificate. Taking a test is a paid service. The license and testing rights can be purchased personally or provided by the user’s employer.
Job Application Service, which enables the application for open positions and submission of job applications. Users may express interest in open positions and submit general job applications.
Patient Communication, which allows the user to send digital brochures to patients. The messages may include a pre-produced patient brochure and/or video, as well as a personal covering message written by the user.

In these Terms of Use:
“Customer” means you, the user of the Service;
“Agreement” means these Terms of Use, including the instructions and service descriptions applicable to the use of the Service, as well as any other agreement concerning the use of the Service with its appendices;
“Patient image” means dental images, X-rays, and video footage taken of a patient;
“Customer data” means information stored by the user in the Service, including patient images.

2. USE OF THE SERVICE AND TREATMENT RESPONSIBILITY

Consultation Service: The responsibility for patient care always remains with the treating healthcare professional. The treating healthcare professional is responsible for making the necessary entries in the patient record system.

According to Section 15 of the Patient Decree (Finland), the consulting healthcare professional is not required to make entries in the patient records when the patient cannot be identified at the time of consultation. In the Service, the consulting healthcare professional only sees the dental or X-ray image or video and the question presented by the treating healthcare professional. The Customer is responsible for ensuring that patient images and other information are handled in accordance with the law and that the necessary consents have been obtained before storing or sharing images or other sensitive data in the Service.

Continuing Education Service: The Customer may view and utilize the continuing education materials provided by the Service, which include educational materials such as webinars, videos, and tests. By completing a test, the Customer may obtain a continuing education certificate.

Job Application Service: The Customer has the right to use the job application function provided by the Service, submit job applications, and express interest in open positions.

Patient Communication: The Customer may send messages to patients, such as digital brochures and videos. The patient’s consent must be obtained before sending messages, and the sending of such messages must be recorded in the patient’s medical records. If patient communication includes content that can be considered marketing, the Customer is responsible for ensuring that such communication complies with the marketing guidelines for physicians and medical services approved by the Finnish Medical Association.

The Customer is responsible for ensuring that all activities within the Service, including consultation requests, viewing and listening to educational materials, use of the job application function, and patient communication, are carried out lawfully and in compliance with applicable rules and regulations.

3. PATIENT IMAGES

Photographs and videos must be limited to the oral area so that the patient cannot be identified. Any personal data included in the images must be covered, and questions must be formulated in a way that excludes any identifying patient information, such as name or personal identity number. The name of the attached image or video file must also not contain any identifying patient information.

Patient images constitute patient documents as referred to in the Patient Act (Finland). You are responsible for ensuring that appropriate, verifiable consent has been obtained from the patient for submitting the patient image to the Service for storage, consultation, and educational purposes.

You may request consent using a sample consent form, downloadable from the Service (FIN). If the form is not available during the treatment situation, consent may be obtained otherwise in a verifiable manner — for example, in the presence of a dental nurse or other witness — and an entry of the given consent must be made immediately in the patient records.

If you did not take the patient image yourself, you are also responsible for ensuring that the person who took the image has granted the necessary copyright permissions required by these Terms of Use for storing the patient image or video in the Service.

4. PROVIDER’S RESPONSIBILITY

As the treating healthcare professional, you are always personally responsible for the care of the patient.

Consultation Service: As part of paid services, the Provider offers expert evaluations in response to users’ questions. The Provider ensures that such questions are answered by licensed healthcare professionals selected and deemed competent by the Provider. Other discussions and advice provided within the Service come from other users. In such cases, the Provider does not guarantee that the other users are licensed healthcare professionals, nor that the advice given is reliable or professional.

Continuing Education Service: The Provider also offers continuing education within the Service, which is conducted by licensed healthcare professionals deemed competent by the Provider. Educational content may include webinars, videos, vodcasts, and tests. In addition, the Service may provide non-medical training delivered by persons deemed competent in their respective fields. However, the Provider does not guarantee that the educational content is suitable for an individual user’s needs or that any clinical decisions made based on such content are free of error. The educational materials are general in nature and do not replace the Customer’s own professional judgment in patient work.

Patient Communication: The content of the Patient Communication Service is either created by the Provider or obtained from reliable and expert sources or professionals. Every user of the Service must review the communication material before sharing it with patients. The Provider is not responsible for the content of the Patient Communication Service. The Customer is responsible for ensuring that the messages are accurate and compliant with the rules applicable at the Customer’s workplace before distributing them to patients.

Job Application Service: The Provider is not responsible for the accuracy of the job postings offered in the Service, the reliability of employers, or their compliance with employment law. The Job Application Service is intended to connect users seeking employment with entities offering work opportunities.

5. SERVICE LEVEL

The Provider strives to keep the Service available to the Customer without interruption. However, the Provider does not guarantee that the Service will be error-free or entirely uninterrupted. Unless otherwise agreed in writing, the Provider has the right to suspend the provision of the Service for installation or modification work if such work cannot be carried out without interruption to the Service.

6. CHANGES TO THE SERVICE AND THESE TERMS OF USE

Further Development: The Provider maintains only one version of the Service at a time. The Provider has the right, at its sole discretion, to develop the Service in any way it deems appropriate. The Provider may at any time freely modify the content, appearance, and features of the Service and otherwise alter the Service’s production environment.

Changes to the Terms of Use: The Provider has the right to amend these Terms of Use, service descriptions, and other Service-related instructions, provided that such changes are announced in advance on the Service’s website or otherwise. By continuing to use the Service, the Customer accepts such changes as binding.

If material changes are made to the processing of personal data, the Provider will notify the user well in advance of the change taking effect, for example by email or through the Service.

7. RIGHTS TO THE SERVICE AND CUSTOMER DATA

Rights to the Service: Copyrights, ownership rights, and all other rights to the Service, its appearance, trademarks, logos, symbols, and any additions or modifications thereto, as well as other information and patient images contained within the Service, belong to the Provider or a third party. The Service or any part thereof, including educational materials, may not be saved, copied, or otherwise reproduced unless expressly permitted on the website. In trainings that include an examination, the session may be viewed collectively using a single account, provided that each participant completes the paid test using their own individual account. In all other cases, group viewing of trainings is prohibited.

However, an expert opinion provided through the consultation service may be stored in patient records. A prewritten phrase provided by the Service (for example, when sending a patient message) may also be stored in patient records. The Provider grants the user a limited right of use to the Service to the extent necessary for the normal, intended use of the Service. The Customer’s employer or another entity may obtain additional rights for the user (for example, access to paid services).

Customer Data: The Customer grants the Provider, for an indefinite period, an irrevocable and unrestricted right to copy, modify, store, and distribute — either free of charge or for a fee — any information, patient images, and other material that the Customer submits to the Service. The Customer grants the Provider a perpetual right to transfer these rights to third parties for educational or research purposes, either free of charge or for a fee. The Customer undertakes not to submit any unlawful or otherwise inappropriate material to the Service. More information about the storage of Customer Data can be found in the Privacy Policy.

Personal Data: The collection, storage, and deletion of Customer data are described in more detail in our Privacy Policy.

Disclosure of Customer Data to Third Parties: The Customer may give consent for their data to be disclosed to third parties, for example, when ordering a product sample. The disclosed data may include names, professional titles, and contact details and may be used for targeted marketing purposes or by partners. The consent can be withdrawn at any time by contacting the Provider by email at support@qadental.com. More information on the disclosure of data to third parties is available in the Privacy Policy.

8. USE OF THE SERVICE AND SUSPENSION OF USE

Authentication Information: The Customer is responsible for the careful storage of their authentication information (username and password). Authentication information must not be disclosed to third parties. The Customer is responsible for all use of the Service conducted with their username, including use by the Customer’s employees or other representatives. Authentication information may contain personal data, and such data are processed in accordance with the Privacy Policy.

Unauthorized Use: The Customer must immediately notify the Provider if they suspect that authentication information has been used without authorization. If unauthorized use results in the misuse of personal data, the Customer is obligated to notify the Provider so that the necessary actions can be taken.

Blocking Use Due to Breach of Contract: The Provider has the right to block the Customer’s access to the Service if the Customer has violated these Terms of Use or other conditions related to the use of the Service, or if the Customer has failed to pay overdue service fees.

Blocking Use Due to Causing Harm: The Provider has the right to block the Customer’s access to the Service if the Customer uses the Service in a manner that endangers other users’ access to the Service or causes harm to other users. The Provider shall inform the Customer of the reasons for such blocking without undue delay.

9. PRICES, FEES, AND BILLING

Prices: A user account and membership are free of charge for the Customer.

Paid online continuing education services (for example, licenses and test packages) must be ordered separately through the Service by a registered user. The prices of these services are always indicated on the order page in accordance with the price list valid at the time. If paid services are purchased by the Customer’s employer, prices and service content will be agreed upon in a separate agreement between the employer and the Provider.

The prices of paid in-person training events are indicated separately on each event page.

A separate agreement will always be made between the Customer and the Provider, or between the Customer’s employer and the Provider, regarding the paid consultation service and its price.

Our Privacy Policy explains what Customer information may be disclosed to the employer when paid services are used at the employer’s expense.

Taxes and Other Charges: The agreed price for the Service is subject to applicable value-added tax (Finland) and any other official charges in force at the time.

Payment Terms: The Provider invoices the Customer for recurring fees periodically in advance. Fees based on the use of the Service are invoiced retrospectively according to usage. Payment terms may also be agreed separately with the Customer in writing. The payment period is 14 days net from the invoice date. Statutory interest for late payment will be added in accordance with the Interest Act (Finland).

Billing Information and Personal Data: The Customer’s billing details (such as name, address, and payment information) and other payment-related data are processed in accordance with the Privacy Policy and are used for the provision of the Service, payment processing, and reporting.

10. CHANGES TO PRICES

The Provider has the right to change its price list and pricing principles. Changes will be announced at least 30 days in advance on the Service’s website or by email. The Agreement is, by default, valid until further notice unless fixed-term agreements have been made for paid additional services.

11. WARRANTY AND LIMITATION OF LIABILITY

No Warranty:
The Service is provided “as is,” and the Provider makes no warranty that the Service will be uninterrupted, continuously available, or suitable for any particular purpose of the Customer.

Limitation of Liability:
The Provider, its subcontractors, or partners shall not be liable for any direct or indirect damages that may result to the Customer or the Customer’s patient from the use of the Service.

12. TERMINATION OF THE AGREEMENT

The Customer may terminate the Agreement at any time by deleting their user account from the Service. More information on the storage and deletion of the Customer’s personal data and Customer Data can be found in our Privacy Policy.

The Provider may terminate the Agreement, in whole or in part, if the Customer has not paid the Provider’s overdue receivable within 30 days after a payment reminder.

The Provider also has the right to terminate the Agreement, for example, if the Customer misuses the Service or breaches these Terms of Use, including but not limited to misuse relating to personal data or use of the Service in an unlawful manner.

13. INDEMNIFICATION

Indemnification:
If a claim or legal action is brought against the Provider, or if compensation is demanded from the Provider, the Customer agrees to indemnify and/or defend the Provider at their own expense if such a claim or demand arises as a result of the Customer’s:

Breach of the Agreement;
Violation of third-party rights, including copyright infringement or failure to obtain the necessary patient consents;
Any harmful act directed toward another user of the Service or any damage caused to another user.

Procedure:
In the above situations, the Provider has the right, if it so chooses, to assume the defense at the Customer’s expense, and the Customer agrees to assist the Provider, at their own cost, by all reasonably necessary means. The Provider shall notify the Customer of such a claim without undue delay upon receiving knowledge thereof.

14. APPLICABLE LAW AND DISPUTE RESOLUTION

Applicable Law:
This Agreement shall be governed by the laws of Finland, excluding its conflict-of-law provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG), as well as any other provisions that might lead to the application of laws other than the substantive law of Finland.

Dispute Resolution:
Any disputes arising out of or in connection with this Agreement shall be settled in the District Court of Länsi-Uusimaa, Finland.
If the dispute concerns the processing of personal data, the Customer may also lodge a complaint with the data protection authority before legal proceedings.