TERMS AND CONDITIONS

Last Updated:  May 10, 2025

 Our T&C and Conditions (hereinafter, "T&C") constitute a legally binding agreement between Ortho Compass (hereinafter, "Us", "We" or "Our") and you (hereinafter, “You” "User," "Users," "Your," “Yourself” or "Yours," with it being further understood that references to these terms in the T&C may sometimes not be capitalized). Your use of our Ortho Compass App (“App”) shall also be governed by the following T&C.  This T&C set forth the general terms and conditions for your access to and use of the App and the Ortho Compass website located at www.ortho-compass.com, as well as any of the products and services made available by Ortho Compass on or through such App or website (individually and collectively, the “Services”).

Please read this T&C carefully before you start to use the Services. This T&C represent a binding agreement between you and us, and by accessing, browsing, submitting information to and/or using the Services, you acknowledge that you have read, understand, accept and agree to be bound and abide by this T&C. We may update this T&C from time to time, in our discretion. Certain features of our App or website or Services may be subject to additional terms, rules or regulations, which will be posted to our website.

THESE TERMS AFFECT YOUR RIGHTS AND DESIGNATE THE GOVERNING LAW AND FORUM FOR THE RESOLUTION OF ANY AND ALL DISPUTES BETWEEN YOU AND US. If you do not agree to this T&C, then you may not access or use the Services.

Registration

In order to use certain features of the Services you may need to create an account. When you create an account, we require you to provide certain information about yourself, including your email address, a password, and such other information as may be necessary in connection therewith (collectively, “Account Information”). Any Account Information or other personal data that you provide will be handled in accordance with our Privacy Policy, which is hereby incorporated into this T&C by reference. By registering for an account, you represent and warrant that you are at least the age of majority in your jurisdiction of residence, have the legal capacity to enter into this T&C by and between you and us, and agree to be bound by this T&C in their entirety.

 You agree to provide accurate information regarding your telephone number, email address and any other additional information, while registering for our App. Should any of your details change, you shall immediately cease using the App and notify us via email at info@ortho-compass.com. You agree to receive for security reasons text messages and phone calls (from us or our third-party providers) with codes to register for our App.

Age

 You must be at least 18 years old to register for and use our App (or such greater age required in your country or territory for you to be authorized to register for and use our App without parental approval) and having read this T&C. In any case, we reserve ourselves the right to suspend and cancel your account unilaterally and without notice if we have a reasonable doubt that you do not have the legal minimum age to use our App.

Devices and Software

 You may need to provide certain devices, software, and data connections to use our App or website, which we otherwise do not supply. In order to use our App and website, you consent to manually or automatically download and install updates to our App or, as applicable, the website. You also consent to our sending you notifications via our App from time to time, as necessary to keep our App functional for you.

Use of App

 You agree to only use our App under the following conditions:

•  you may only use our App for your own personal, non-commercial purposes – if you are a company or another business entity whatsoever you are in any case requested to state so, even if you plan to use our App for non-commercial purposes;

•  you may upload data, text, information, screen names, graphics, photos, profiles, audio and video clips, links (hereinafter, the "Content") on our App;

•  you may only use our App in good faith, and in compliance with Applicable laws.

 You agree not to, and you shall not permit others to:

•  license, sell, rent, lease, transfer, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit our App or make our App available to any third parties;

•  copy or use our App for any purpose other than your own personal, non-commercial purposes;

•  copy or use our App to facilitate any criminal activity, including but not limited to hacking;

•  modify, make derivative works of, disassemble, decrypt, translate, reverse compile or reverse engineer any part of our App;

•  abuse, harass, threaten, impersonate or intimidate other Users of our App;

•  post nude, partially nude, sexually suggestive photos, or otherwise any other illegal and/or discriminatory Content on our App;

•  use our App for any illegal or unauthorized purpose. International Users agree to comply with all local laws regarding online conduct and acceptable content;

•  violate any laws in your and our jurisdiction (including but not limited to copyright laws) in the use of our App;

•  transmit any worms or viruses or otherwise any code of a destructive nature on our App.

 You are solely responsible for any activity that occurs under your account and for keeping your password secure.

Intellectual Property

Content on our App and website is provided by Ortho Compass and its licensors, including, but not limited to, graphics, photographs, images, text, trademarks, logos, product and program names, slogans and the compilation of all of the foregoing (“Ortho Compass Content”). Ortho Compass Content is, as between you and us, the property of Ortho Compass and is protected by U.S. and international intellectual property laws and you agree to abide by them. Without our prior written consent, you may not copy or store Ortho Compass Content in any form outside of the Ortho Compass website and you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, or perform any Ortho Compass Content, except as expressly contemplated herein. You agree to comply with reasonable written requests from us to help us in protecting our proprietary and intellectual property rights. All intellectual property rights in Ortho Compass and Ortho Compass Content are, as between you and us, the sole and exclusive property of Ortho Compass. Any dated Ortho Compass Content is valid as of the indicated date only.

Ortho Compass hereby grants a limited, non-transferable license to use Ortho Compass Content solely for purposes of, and only to the extent needed for, the Services you use. Upon termination of this Agreement or upon any breach of this Agreement by you, the licenses to use the Ortho Compass Content shall immediately and automatically terminate, and you shall immediately cease any use of such content.

If you submit content or material for publication to any Ortho Compass website (any such material, “Your Content”), you represent and warrant that Your Content is accurate, true and not defamatory, and that you own or otherwise have the necessary license(s) for your use of Your Content, including all rights necessary for you to post or otherwise transmit Your Content to Ortho Compass regardless of what form Your Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using Ortho Compass, you represent and warrant that Your Content and conduct do not violate this T&C. By submitting Your Content to Ortho Compass for publication, you grant Ortho Compass a world-wide, royalty-free, non-exclusive and irrevocable license to reproduce, modify, adapt and publish Your Content for the purpose of displaying, distributing, and promoting your blog and the Services generally. This license allows Ortho Compass to make publicly-posted content available to third parties selected by Ortho Compass so that these third parties can analyze and distribute Your Content in full and for publication through their own services. You also give other Ortho Compass users permission to share Your Content and add their own use content to it (i.e., to post or re-blog Your Content).

If you delete any of Your Content, Ortho Compass will use reasonable efforts to remove it from the Ortho Compass network, but you acknowledge that caching or references to Your Content may not be made immediately unavailable.

You can also view or access content and materials published to our website by other users. Ortho Compass does not control user content and cannot guarantee its accuracy. Ortho Compass is not responsible for user content and you should keep this in mind when making any decisions based on such user content. We appreciate it when you provide us feedback through customer service or by email, but we may use any feedback, comments, or suggestions without any obligations to you. For purposes of clarity, you hereby assign all intellectual property rights to us in any feedback, comments, or suggestions that you provide to us.

Third Party Services

Some of our Services may make use of services or features provided by third parties (“Third Party Services”). These parties may sometimes abide by different terms of service and Ortho Compass is not responsible for any of the terms that these parties enforce or the consequences of the same. In instances where we directly integrate the services of third parties with unique terms separate from ours into the Ortho Compass Services, we will explicitly inform you about this and will not activate such Third Party Services unless and until you have expressly requested and consented to use the same. If you go to an external third party website, even if linked from our own website, it is your responsibility to read and understand the terms of service for such third party. You may also have the ability through the website to login to accounts that you have for certain Third Party Services or to link accounts for Third Party Services to your Ortho Compass account. Ortho Compass is not responsible for any activity occurring within Third Party Services, even if logged in through or linked to an Ortho Compass account.

You agree that we shall not be responsible for any loss or damage of any sort incurred as a result of your use of any Third Party Services, whether or not you were linked to or directed to such Third Party Service through the Ortho Compass website or App. You acknowledge that Third Party Services may be subject to the applicable third party provider’s terms of service, and you are solely responsible for reviewing and complying with any such terms of service. In no event shall any reference on the Ortho Compass website or App to any third party, third party website or third party product or service be construed as an approval or endorsement by us of that third party, third party website or of any product or service provided by a third party. For avoidance of doubt, we are not liable in any fashion for any damages or other consequences that may arise from your use of Third Party Services that are not expressly affiliated with Ortho Compass.

Privacy

 All material and services available and/or provided by our App or website, or our affiliates, employees, licensors or other commercial partners including, but not limited to: our logo, visual designs or other materials and components are the property of Ortho Compass or other parties that have licensed their material or provided services to us. Such material and services are duly protected by registered and unregistered copyright, trademarks, trade secrets, design and such other intellectual property laws as may be applicable in your country, and may not be duplicated under any circumstances, or used other than for your personal non-commercial use, or otherwise than described in this T&C or our Privacy Policy.

 We care about data privacy and security. Please review our Privacy Policy at https://www.ortho-compass.com/privacy-policy . By using our App, you agree to be bound by our Privacy Policy, which is incorporated into this T&C. Please be advised that our App and website are hosted in the United States. If you access the Site from the USA, Canada, EU, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in United States, then through your continued use of the Site, you are transferring your data to United States, and you expressly consent to have your data transferred to and processed in United States. If you do not agree with such transfer of data, you should immediately refrain from using our App and notify us in order to delete your data. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. We only collect information from children after obtaining prior consent from their parents or guardians and reserve ourselves the right to suspend or delete your account if we suspect such consent is not authentic. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act and EU GDPR Reg. 679/2016 recitals 38 and 58, if we receive actual knowledge that anyone under the age of 18 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the App as quickly as is reasonably practical.

Support and Security

We provide support for your use of the Services through a variety of methods (e.g., knowledge base, forums, chat, telephone). If you abuse our support staff we may terminate the Agreement and your access to the Services without prior notice and with immediate effect.

Ortho Compass does keep backups of data, including Your Content, stored on our servers but we cannot guarantee that any such backups will be complete or error-free. We will provide a backup of that data when asked, but we encourage you to regularly backup all of Your Content and data directly. We do not guarantee backups to any data after expiration or termination of the Services. Ortho Compass maintains certain technical and administrative safeguards designed to improve the security, confidentiality and integrity of the website and Services. No such measures are capable of guaranteeing complete security though, and Ortho Compass disclaims all implied warranties as to the security of the Services.

Services Information and Modification

We attempt to ensure that the information provided through the website, including any Ortho Compass Content and anything pertaining to our Services, is complete, accurate, and current, but except as prohibited by applicable law, we make no representation as to the completeness, accuracy, or currency of any information provided. Ortho Compass shall not be responsible for any errors or omissions on the website; however, when we discover an error we will endeavor to correct it as soon as possible and notify any Clients who we are aware are materially impacted. We reserve the right to amend errors or to update product information at any time without prior notice.

Not all Services that appear on our website may be offered in your jurisdiction. Certain of our Services, or aspects thereof, may be in beta form as designated by us (“Beta Services”). All Beta Services are provided on an as-is basis with the express understanding that they may not have been tested, have faults, and may not be as secure as other elements of the Services. We reserve the right to terminate the Beta Services at any time, even if you have relied on them as a material inducement to contract with us. We make no guarantee that any Beta Services will be further developed or ever put into production.

From time-to-time we may cease supporting certain aspects of the Services (any such event, an “End of Life”). Should components of the Services come to an End of Life, we will attempt to replace them with comparable components, but may not be able to do so. An End of Life is a routine and recurrent part of our ongoing development of the Services and you expressly acknowledge and agree that any End of Life is not and shall not be a breach of this Agreement.

Acceptable Use

You agree that in using the Ortho Compass Services you will not under any circumstances engage in any of the following prohibited activities:

• Illegal Acts. Using the Services to promote or encourage any illegal act or activity, including using the Services to directly publish, transmit, distribute or store content, material, information or data that is illegal under applicable law.

• Harassing or Abusive Acts or Material: Publishing, transmitting, distributing or storing any material that is or may be reasonably considered to be obscene, offensive or otherwise objectionable, defamatory, libelous, threatening, harassing, abusive or hateful, that violates the rights of others, or that advocates violence or threatens the health of others.

• Intellectual Property Rights Violations. Using the Services in a manner that infringes, dilutes, misappropriates or otherwise violates any privacy, intellectual property, publicity or other proprietary rights of any third party, including, without limitation, copyrights, patents, trademarks, trade secrets or other proprietary information (including unauthorized use of domain names), and publishing material intended to assist others in unlawfully circumventing technical measures which are intended to protect such rights.

• Fraudulent or Harmful Acts. Using the Services in an activity which is fraudulent or harmful to others, or which contains false, deceptive or misleading statements, claims or representations (such as “phishing” or “pharming”), impersonating another person or entity, or in a manner that may harm Ortho Compass’s reputation.

• Ethics Violations. Posting any privileged client information, or any other information which you know is subject to confidentiality restrictions.

• Monitoring or Crawling. Monitoring or crawling of the Services or Ortho Compass’s computer systems that impairs or disrupts the systems or Services being monitored or crawled, or other harvesting or scraping of any content of the Services.

• Intentional Interference. Interfering with the proper functioning of the Services or any Ortho Compass systems including intentionally, knowingly, or recklessly introducing any virus or other contaminating code into the Services or systems; any deliberate attempt to overload a system by mail bombing, news bombing, broadcast attacks, flooding techniques, or conducting a denial of service (“DoS”) attack; or collecting, transmitting, or using information, including email addresses, screen names or other identifiers, by deceit or covert means (such as phishing, Internet scamming, password robbery, spidering, and harvesting).

• Avoiding Systems Restrictions. Using manual or electronic means to avoid any use limitations placed on the Services, such as access limits and storage restrictions.

• Withholding Identity. Any activity intended to withhold or cloak identity or contact information, including the omission, deletion, forgery or misreporting of any transmission or identification information, such as return mailing and IP addresses.

• Service Bureau Offerings. Copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of the Services, except for content you have posted on the Services, or unless expressly authorized, or otherwise distributing the Services, in whole or in part, over any network, including a local area network, nor sell or offer it for sale. The Services or any component thereof may not be used to construct any kind of database.

Notwithstanding the generality of the foregoing or any other provision of this T&C or the Agreement, Ortho Compass has the right, in Ortho Compass’s sole discretion, to (i) refuse or remove any content that violates any Ortho Compass policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of Ortho Compass to any individual or entity for any reason. In any such instance, Ortho Compass will have no obligation to provide a refund of any amounts previously paid.

Cookie Policy

This Cookie Policy explains how we use cookies and similar technologies on our website www.ortho-compass.com. By using our Website, you consent to the use of cookies in accordance with this policy.

Cookies are small text files stored on your device (computer, tablet, or mobile) when you visit a website. They help the site recognize your device and store some information about your preferences or past actions.

We use the following types of cookies on our Website:

• Essential Cookies -  These cookies are necessary for the Website to function properly. They enable basic features like page navigation, access to secure areas, and form submissions.

• Performance and Analytics Cookies - These cookies collect information about how visitors use our Website, such as which pages are visited most often, and if users receive error messages. We use this data to improve the performance of our Website.

• Functionality Cookies - These cookies allow our Website to remember choices you make (such as your username or language) and provide enhanced, more personal features.

We may allow third-party service providers (such as analytics or advertising partners) to place cookies on your device. These cookies are governed by the privacy policies of the respective third parties.

You can control and manage cookies in various ways. Most browsers allow you to:

• View what cookies are stored

• Delete cookies

• Block cookies from all websites or selected sites

• Set preferences for certain websites

Please note that disabling cookies may impact your ability to use some features of our Website.

Limitation of liability

 WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) AND 100% OF THE PRICE PAID, IF APPLICABLE. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE DISCRETIONARY EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, THE LIABILITY OF ORTHO COMPASS WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Indemnification

 You agree to defend, indemnify, and hold harmless Ortho Compass from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of our Services, including information provided in connection therewith; (b) your breach or alleged breach of our T&C; or (c) any misrepresentation made by you.

 You will cooperate as fully as required by us in the defense or settlement of any claim.

Dispute resolution

 In compliance with the EU-US Privacy Shield Principles and the Swiss-US Privacy Shield Principles, we commit to resolve complaints about your privacy and our collection or use of your personal information. European Union, United Kingdom, or Swiss individuals with inquiries or complaints regarding this T&C should contact us by email at info@ortho-compass.com or by any other available method available in the CONTACT US section.

Ortho Compass has further committed to refer unresolved privacy complaints under the EU-US Privacy Shield Principles and the Swiss-US Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, operated by BBB National Programs. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit https://bbbprograms.org/privacy-shield-complaints/ for more information and to file a complaint. This service is provided at no cost to you. Please do not submit GDPR complaints to BBB EU Privacy Shield.

 If your EU-US Privacy Shield complaint cannot be resolved through these described channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. To learn more, please view the Privacy Shield Annex 1 at https://www.privacyshield.gov/article?id=ANNEX-I-introduction.

Disclaimer: Warranty

 To the extent permitted under Applicable laws, you acknowledge that we provide the App "as-is" without any warranty of any kind, express or implied, and to the maximum extent permitted by Applicable law. We disclaim all warranties, whether express, implied, or statutory, including but not limited to, warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, and non-infringement. We do not guarantee any specific results from the use of our App. We make no warranty that the App shall be uninterrupted, free of viruses, or other harmful code, timely, secure or error or bug free.

Amendments

 We reserve the sole right to amend, repeal, modify, replace, terminate or make changes to this T&C, the website and the App without notice, from time to time. If we make material changes to this T&C, the website or the App, we shall – if possible - notify you by sending you an e-mail at your primary email address or in any other way convenient for us., as mentioned in your account details. Any changes to this T&C, the website or App, shall be effective immediately for new users of our App; otherwise these changes shall be effective upon the earliest of thirty (30) calendar days following our dispatch of an e-mail notice to you; if you do not want to agree to such changes, you shall refrain from using the website or App and delete your account unless otherwise provided in the aforementioned notice. You are responsible at all times for updating your Account to provide to us your most current e-mail address. If the last e-mail address that you have provided to us is not valid, or for any reason is not capable of delivering the notice described above, our dispatch of the e-mail containing such notice shall nonetheless constitute effective notice of the changes. Continued use of the App or website following notice of such changes shall indicate your acknowledgement of, and agreement to be bound by, such changes.

General Provisions 

 Neither the rights nor the obligations arising under this T&C are assignable by you, and any such attempted assignment or transfer shall be void and without effect. We reserve the right to freely assign this T&C.

 The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this T&C. Any notice to you may be provided by email to the address you have registered with us. We shall have no responsibility to provide maintenance or support services with respect to the App.

 If any provision of this T&C is unenforceable, such provision shall be interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions shall continue in full force and effect.

 All waivers by us shall be effective only if in writing, there included this T&C. Any waiver or failure by Ortho Compass to enforce any provision of this T&C on one occasion shall not be deemed a waiver of any other provision or of such provision on any other occasion.

 You acknowledge that the App contains valuable trade secrets, trademarks, copyrights, proprietary information and other intellectual properties of Ortho Compass , that any actual or threatened breach of any section of this T&C that may constitute irreparable harm to Ortho Compass shall be liable to any and every damages, including but not limited to, incidental damages, damages, liquidated damages, punitive damages, monetary or any special kind of damages permitted by applicable laws, as an appropriate remedy for such breach. This T&C and the T&C constitute the final, complete, and exclusive agreement between the parties regarding the App and supersede all prior or contemporaneous agreements, understandings, and communication, whether written or oral.

 If any provision of this T&C is unenforceable, such provision shall be interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions shall continue in full force and effect.

The personal jurisdiction and exclusive venue in the federal and state courts shall be in Seattle, Washington as the legal forum for any dispute regarding this T&C.

Ortho Compass, in its sole discretion, may make changes, updates, enhancements or similar to the website or our Services at any time, with or without notice. We may add or remove certain features and functionalities, or may discontinue the Services altogether.

This T&C are effective as soon as you opt to use the App, the website or the Services. 

All notices from Ortho Compass to you will be provided to the email address that you provide to Ortho Compass when registering your account. All notices from you to Ortho Compass should be provided to info@ortho-compass.com. Notice will be deemed given 24 hours after such email is sent, unless the sending party is notified that the email address is invalid.

This T&C are the complete and exclusive statement of the mutual understanding of the parties and supersede all previous agreements relating to the subject matter of this T&C. If there is any conflict between this T&C and any additional terms, conditions, and rules posted by Ortho Compass, this T&C will govern, unless expressly superseded by such other terms, conditions, or rules. The provisions of this T&C, which by their nature should survive any termination, will survive such termination.

CONTACT US

For any questions or queries regarding this T&C and Conditions, please feel free to contact us:

info@ortho-compass.com