Terms & Conditions

THIS SURGICAL & PROSTHETIC PLAN / SURGICAL GUIDE AGREEMENT (“Agreement”) is entered on the date the order form was submitted by the dental professional who’s signature is at the bottom of the order form (“Client”).

THIS SURGICAL GUIDE AGREEMENT (“Agreement”) is between Surgical Guide Studio, an online virtual digital dental planning service, and the dental professional who’s signature is at the bottom of the order form (“Client”).

Whereas, Surgical Guide Studio provides a surgical guide design to its clients for a variety of dental & oral surgeries and provides a surgical plan for the surgical guide.

Whereas, the Client desires to engage Surgical Guide Studio for the design and printing of surgical guides and surgical plan, and Surgical Guide Studio desires to provide the Client surgical guides and surgical plans pursuant to the terms herein;

Now Therefore, in consideration of the above recitals and the covenants and promises hereinafter set forth, Surgical Guide Studio and Client agree as follows:

1.0 The Client will provide Surgical Guide Studio digitally imaged data or DICOM data (“Data”) for the patient. From this Data, Surgical Guide Studio will prepare a preliminary virtual surgery for the Client. The preliminary virtual surgery will be reviewed, modified and approved by the client. Upon Client’s approval and submission of the Work Authorization Form for each patient, a copy of the form is attached hereto as “Exhibit A” and incorporated herein by this reference, Surgical Guide Studio will obtain or manufacture the requested approved Surgical Guide and/or the requested approved Surgical Plan. It is the sole responsibility of the Client to inspect and approve the Surgical Guide and Surgical Plan.

2.0 Accuracy of the records which include CT Scans, Intraoral Scans STL Files, Bite Records and Photos are the sole responsibility of the Client.
Surgical Guide Studio verifies these records supplied by the client for accurate digital superimposition and stitching Only. There are no methods, means for Surgical Guide Studio to judge these records supplied by the Client to as a true representation of the patient or not.

3.0 SCAN APPLIANCE. The term “Scan Appliance” refers to the appliance that is placed in the patient’s mouth while the CT is taken. It is from this scan that the Data is produced. Surgical Guide Studio recommends using its Scan Appliances according to its instructions for use to ensure accurate Data and Surgical Guides. If a Scan Appliance manufactured by a third party is used, and/or models from which the Scan Appliance is made is not provided to Surgical Guide Studio for fit verification of the Surgical Guides, Surgical Guide Studio is not responsible for inaccurate or defective Surgical Guides and/or Surgical Plans. Also, Surgical Guide Studio is not responsible for inaccurate or defective Surgical Guides and/or Surgical Plans even if Client use a Scan Appliance made by Surgical Guide Studio as there is no mean to guarantee or verify that Client inspected the scan appliance for accurate fit and adhered to instructions for use.

4.0 CLIENT REPRESENTATIONS. If the Client is the end user dentist, the Client represents that he or she is a licensed dental professional qualified to (1) order the Data and review it for accuracy (2) review and approve the Surgical Plan and (3) to perform the dental procedures outlined in the Surgical Plan and/or to use the Surgical Guide. If the Client is not the end user dentist, the Client represents that (1) it is qualified to order the Data, Surgical Guide and Surgical Plan and review and approve them for accuracy and (2) that the end user dentist is a licensed dental professional qualified to review and approve the Surgical Guide and/or Surgical Plan and to perform the dental procedures outlined in the Surgical Plan and/or to use the Surgical Guide.

5.0 Client represents that any Surgical Plan or Surgical Guide ordered or used was done so at the Client’s sole request and specifications. The Client agrees to take full medical responsibility for the design and the application of the Surgical Plan and Surgical Guide. Client represents that it is solely responsible for inspecting and approving the Surgical Guide and Surgical Plan and any requested changes thereto.

6.0 Obtaining & Purchase of Parts & Components including, but not limited to, fixation pins, fixation pin sleeves, guide sleeves, implants, abutments, and guided surgical kit of the Surgical Plan and the Surgical Guide are the sole responsibility of the client. Surgical Guide Studio does not provide any parts or components of the surgical plan or surgical guide.

7.0 Disclaimer of Warranties: Surgical Guide Studio makes no warranties, expressed or implied, regarding the suitability, condition, merchantability, design, or performance of the Surgical Plan or Surgical Guide. This includes any implied warranty of fitness for a particular purpose, the quality or composition of materials used in the Surgical Guide, the craftsmanship of the Surgical Guide, Surgical Guide Studio’s ownership rights to the Surgical Plan or Surgical Guide, or any other representation or warranty of any kind. Surgical Guide Studio shall not be responsible for any loss, damage, or expense, of any nature or cause, arising directly or indirectly from the Surgical Plan, Surgical Guide, or their usage or performance.

8.0 Disclaimer and Limitation of Liability: Client acknowledges and agrees that neither Surgical Guide Studio nor its directors, officers, shareholders, partners, or employees (collectively, “Representatives”) serve as insurers. Client agrees to maintain insurance covering its use of the Surgical Guide and Surgical Plan, and any recovery for losses, damages, or expenses shall be limited to the coverage provided by such insurance. Surgical Guide Studio and its Representatives are released from all liability, including any consequential or incidental damages, due to any form or degree of negligence (whether active or passive, sole, joint, or several), breach of contract (express or implied), breach of warranty (express or implied), or any loss or damage arising from the Surgical Guide and/or Surgical Plan. 

If any liability arises for Surgical Guide Studio or its Representatives for any loss, damage, or expense related to negligence (in any form or degree), product or strict liability, breach of contract or warranty (express or implied), contribution, or indemnification, such liability shall be limited to a maximum of $250, collectively, for Surgical Guide Studio and its Representatives. This amount will serve as Client’s sole and exclusive remedy, regardless of the legal basis used to determine Company’s liability.

9.0 Use of Surgical Guide: The Surgical Guide and Surgical Plan are intended solely for use by qualified dental professionals. Client agrees to inspect any delivered Surgical Guide for conformity before using it. The Client agrees to read and follow the surgical plan report provided specific to the case and follow the detailed instructions. If the Client chooses not to conduct such an inspection or decides to use a non-conforming Surgical Guide, the Client releases Surgical Guide Studio from all liability. The Client shall not make any modifications, alterations, or additions to the Surgical Guide. The virtual jaw forms supplied by the client are printed for fit verification by Surgical Guide Studio and therefore Surgical Guide Studio work authorization is complete and non-refundable

10.0 Fees: The client agrees to pay the fees for the surgical plan and surgical guide in advance, prior to the surgical plan and surgical guide approval meeting. If the client does not approve the surgical plan or any modifications, and reserves the right to cancel the requested work, the client agrees to a 70% reimbursement of the fees. The remaining 30% of the fees will be non-refundable, serving as compensation for the time and effort invested by Surgical Guide Studio and its representatives.

11.0 Remakes & modifications: Client agrees that any remakes or modifications of submitted, prescribed, approved surgical plan and/or surgical guide for any reason whatsoever, misuse, damage, loss, etc are only possible if charged as new submission & prescription.

12.0 Shipping & Delivery: Surgical Guide Studio no longer assumes responsibility for shipping and delivery of the surgical plan and surgical guide once a shipping label is created, picked up by the shipping courier and is sent to the client. The client assumes sole responsibility to check with the shipping courier about the wherabouts and delivery of the surgical plan and surgical guide.

13.0 Indemnification: If any party other than the Client—including the Client's insurance provider—seeks compensation from Surgical Guide Studio or its Representatives for any loss, damage, or expense (including economic losses, property damage, personal injury, or death) arising from (i) breach of contract or warranty, express or implied, (ii) any form or degree of negligence, whether active, passive, sole, joint, or several, by Surgical Guide Studio or its Representatives, (iii) product or strict liability, or (iv) a claim for indemnification or contribution, the Client agrees to cover all such losses, damages, and expenses, including attorneys' fees, without requiring Surgical Guide Studio or its Representatives to first make any payment.

14.0 Assignability of Agreement: Client may not assign this Agreement without the written consent of Surgical Guide Studio, which may be granted at Surgical Guide Studio's sole and absolute discretion. Surgical Guide Studio, however, may assign this Agreement or any portion of it at its sole and absolute discretion.

15.0 Release of Liability: In all roles of Surgical Guide STudio, working in connection with dental implant surgeries conducted by the undersigned or their office, utilizing equipment, advice, or information (collectively referred to as “Surgical Guide Studio Products/Services”) provided by Surgical Guide Studio , and for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. The undersigned shall indemnify and hold Surgical Guide Studio harmless from any and all liabilities, losses, damages, costs, or expenses, including legal fees, court costs, and related expenses, arising from or in connection with the Surgical Guide Studio Products/Services. This includes, but is not limited to: (a) claims of breach of warranty resulting from the sale of the Surgical Guide Studio Products/Services; and (b) claims related to injury or death of any person or property damage.

2. Surgical Guide Studio makes no warranty, express or implied, regarding the Surgical Guide Studio Products/Services, including, without limitation, any warranties for a particular use or purpose.

TERMS AND CONDITIONS:

EXHIBIT A - Surgical Guide Studio Case Submission & PRESCRIPTION FORM

By completing this “Surgical Guide Studio Case Submission & Prescription Form," I hereby approve and fully agree to this Agreement. The referenced Placing Dentist and Restoring Dentist (collectively, the "Dentist") represents, declares, and agrees that the Dentist (1) is a licensed dental professional qualified to perform the dental implant procedure detailed in the associated case plan; (2) has reviewed and approved the case plan and all relevant data related to it; (3) confirms that the files and all relevant data provided to Surgical Guide Studio for constructing the surgical guide are accurate and approved by the Dentist; (4) agrees that Surgical Guide Studio is not liable for improperly fitting surgical guides if related stone models are unavailable; (5) assumes full responsibility for both the case plan and the resulting surgical guide(s); and (6) acknowledges that this Work Authorization is subject to the terms of the Surgical Guide Agreement, including, but not limited to, disclaimers of all warranties and a limitation of Surgical Guide Studio’s liability. By submitting this Work Authorization, the Dentist commissions Surgical Guide Studio to obtain or construct the surgical guide(s) and accepts all terms and conditions set by the surgical guide manufacturer and Surgical Guide Studio.