Service Agreement

1. Introduction

This Service Agreement ("Agreement") explains the terms under which ClearPath Digital, Inc., operating as CaseBench ("CaseBench", "we", "us", "our") provides access to our platform and related services.

By creating an account, checking "I agree," or using the CaseBench platform, you acknowledge that you have read, understood, and agree to be bound by this Agreement.

If you do not agree, you may not use the platform.

This Agreement applies to all users, including:

• Clinicians
• Dental practices
• Labs & manufacturers
• Treatment planners & designers
• Any organisation or individual participating in case workflows

2. Nature of Services

CaseBench provides a digital platform that supports:

• Case coordination
• Matching between clinicians, labs, planners, designers, and manufacturers
• Communication and workflow tools
• Secure file sharing
• Access to independent CAD/CAM and treatment planning services

Clinical Disclaimer

CaseBench does not:

• Provide medical, dental, or orthodontic services
• Offer diagnostics, clinical supervision, or medical advice
• Validate or guarantee the accuracy of treatment plans
• Act as a medical device manufacturer
• Act as a manufacturer of record

You remain fully responsible for all clinical decisions, regulatory compliance, and patient outcomes.

3. Your Responsibilities

3.1 Compliance & Professional Obligations

You agree to:

• Comply with all applicable dental, medical device, and privacy laws in your region
• Obtain valid patient consent before uploading any identifiable data
• Verify, review, and approve all treatment plans and designs before they are used or manufactured
• Ensure that any device manufactured from uploaded files complies with your jurisdiction's requirements

3.2 Data Accuracy & Confidentiality

You confirm that:

• All information you upload is accurate and lawful
• You will limit unnecessary patient identifiers when uploading files
• You will maintain confidentiality of all case-related information and platform materials
• You will not share credentials or misuse access

3.3 Working With Independent Providers

You understand that:

• Planners, designers, and manufacturers using CaseBench are independent contractors
• They are not employees, agents, or representatives of CaseBench
• You are responsible for reviewing the work of any provider you choose to work with
• CaseBench is not responsible for provider performance, errors, timelines, or outcomes

4. Our Responsibilities

CaseBench will:

• Provide access to the platform and its features
• Facilitate communication and coordination between users
• Maintain commercially reasonable security and availability
• Provide reasonable-effort support
• Handle information in accordance with our Privacy Policy and Data Processing Agreement

CaseBench does not guarantee:

• Clinical accuracy
• Treatment outcomes
• Manufacturing quality
• Performance of independent providers
• Uninterrupted platform availability

5. Fees

CaseBench may charge:

• Service fees
• Commission fees
• Subscription fees
• Usage-based fees
• Other charges as communicated in writing

Any pricing applicable to your account will be communicated separately and accepted by you before being charged.

6. Confidentiality

6.1 Information We Protect

CaseBench will maintain the confidentiality of:

• Case data and patient-related information
• Business information shared through the platform
• Any information identified as confidential

6.2 Your Confidentiality Obligations

You agree not to disclose:

• Other users' confidential information
• Internal CaseBench processes or non-public features
• Screenshots, documentation, or system details intended only for users

7. Intellectual Property

7.1 Your Data

You own:

• Patient records
• Case information
• Files you upload
• Treatment plan approvals

7.2 Independent Provider IP

Independent planners/designers own:

• Their methods
• Their design workflows
• Their proprietary expertise

7.3 CaseBench IP

CaseBench owns:

• The platform
• Software and algorithms
• Workflows and user experience
• Branding, documentation, and content

7.4 Use of Anonymised Data

You grant CaseBench a licence to use anonymised and aggregated data to:

• Improve platform features
• Train and optimise AI-assisted tools
• Conduct analytics and usage analysis

We do not use identifiable patient data for marketing or commercial sale.

8. Data Protection

We comply with:

• GDPR (EU/UK)
• CCPA/CPRA (California)
• PIPEDA (Canada)
• Applicable APAC privacy laws
• U.S. data protection principles

Your data is stored securely using Supabase, which utilises encrypted storage, row-level security, and SOC2-grade infrastructure.

A separate Data Processing Agreement (DPA) applies where required by law.

9. Termination

This Agreement remains effective until terminated.

CaseBench may terminate or suspend access immediately if:

• You violate this Agreement
• Your actions create safety, legal, or compliance risks
• You misuse the platform or access data improperly

You may terminate your account at any time.

Upon termination:

• Platform access may be disabled
• You should export any required data before termination
• CaseBench may retain anonymised data for analytics and compliance

10. Limitation of Liability

To the maximum extent permitted by law:

• CaseBench is not liable for treatment outcomes, manufacturing issues, or clinical decisions
• CaseBench is not responsible for delays or errors caused by independent providers or third-party software
• The platform is provided "as available," without clinical guarantees
• CaseBench's total liability is limited to the amount you paid directly to CaseBench in the preceding 12 months (if any)

You agree to indemnify CaseBench against claims arising from:

• Clinical decisions
• Manufacturing defects
• Regulatory breaches
• Improper handling of patient data
• Misuse of the platform

11. Governing Law

This Agreement is governed by the laws of the State of Delaware, USA, without regard to conflict of laws principles.

The Parties agree to attempt resolution through good-faith discussion before pursuing legal action.

12. Acceptance of This Agreement

By:

• Creating a CaseBench account
• Checking "I agree to the Service Agreement"
• Using or accessing the platform

You confirm that you:

• Have read and understood this Agreement
• Accept full responsibility for all clinical and regulatory decisions
• Agree to the CaseBench Terms of Service and Privacy Policy
• Are authorised to accept this Agreement on behalf of your organisation