Terms of Service

These Terms of Service (“Terms”) form a binding agreement between Lumera Dental (“Lumera,” “we,” “us”) and the dental practice or other entity (“Practice”) whose authorized clinicians and staff (“you” or “Clinician”) access our portal at lumeradental.com (the “Portal”), submit dental cases to our laboratory, or otherwise use any of our products or services (collectively, the “Services”). By creating an account, submitting a case, or otherwise using the Services, you represent that you have authority to bind the Practice and you and the Practice agree to these Terms.

If you do not agree to these Terms, do not access or use the Services.

• Case means a request to design and/or fabricate a dental restoration or related laboratory work, including the prescription, scans, and any accompanying materials submitted through the Services.
• Restoration means the physical dental device produced by Lumera in response to a Case (e.g., crown, bridge, nightguard, abutment).
• PHI means Protected Health Information as defined under the U.S. Health Insurance Portability and Accountability Act and its implementing regulations (collectively, “HIPAA”).
• BAA means the Business Associate Agreement between Lumera and the Practice.
• Fees means the amounts payable by the Practice to Lumera for the Services, as set forth in the then-current pricing schedule or invoice.

The Services are intended solely for licensed dental professionals and their authorized staff. By using the Services, you represent that (a) you are at least 18 years old, (b) you hold all licenses, registrations, and permits required to practice dentistry or work in a dental practice in your jurisdiction, and (c) you are using the Services in your professional capacity. Lumera may verify eligibility at any time and may refuse, suspend, or terminate access if it reasonably believes a user is not eligible.

Account registration is subject to approval. You agree to:

• provide accurate, current, and complete information and keep it up to date;
• keep your login credentials confidential and not share them with any other person;
• be responsible for all activity that occurs under your account;
• notify Lumera promptly through the contact form on lumeradental.com if you believe your account has been compromised; and
• use the Services only through the Portal’s normal interfaces — no scraping, reverse engineering, or automated access without written permission.

Lumera operates a dental laboratory and a software portal used to submit Cases, exchange files and scans, track production, communicate with the lab team, and review billing. Lumera fabricates Restorations from prescriptions and scans submitted by Clinicians.

Lumera is not a treating provider. Lumera does not diagnose, recommend treatment, render clinical opinions, or otherwise practice dentistry. All clinical judgment — including selection of treatment, materials, occlusal scheme, and final seating — remains with the Clinician.

You are solely responsible for, and represent and warrant to Lumera that:

• the prescription you submit for each Case is complete, accurate, and clinically appropriate;
• the scans, photographs, models, and other clinical inputs you submit are of sufficient quality for laboratory fabrication and correctly identify the intended patient;
• you have lawful authority and any patient consents required under HIPAA, state law, and applicable rules of professional responsibility to submit the patient’s information to Lumera and to use the Services in connection with that patient’s care;
• you will verify the identity of the patient against the Case before clinical use of any Restoration;
• you will perform any try-in, occlusal adjustment, fit verification, and seating in accordance with the applicable standard of care; and
• you will use the Services only for legitimate clinical purposes, not for test, fraudulent, or unauthorized cases.

Lumera relies on the accuracy of the information you submit. Lumera is not responsible for outcomes that arise from inaccurate prescriptions, poor-quality scans, incorrect patient identification, or clinical decisions made by the Clinician.

You agree not to:

• access or use the Services other than as a licensed clinician (or their authorized staff) for the purpose of obtaining laboratory services;
• resell, sublicense, or otherwise commercialize access to the Services;
• submit any content you do not have the right to submit, or that infringes third-party rights;
• upload malware or otherwise interfere with the security or operation of the Services;
• circumvent access controls, rate limits, audit logging, or authentication;
• use the Services in violation of any applicable law, including healthcare, privacy, consumer-protection, or export-control law.

A Case is accepted for production once Lumera has received a complete prescription and acceptable clinical inputs (scans, photos, models, as applicable). Lumera may decline a Case, request additional information, or request a new scan before proceeding.

Stated lead times are estimates, not guarantees. Production and delivery times depend on many factors outside Lumera’s reasonable control, including carrier schedules, holidays, design clarifications, and the time required to obtain additional materials from the Clinician.

Material selection, shade matching, and aesthetic outcome depend on the quality of the Clinician’s photography and intraoral conditions. Lumera does not guarantee exact aesthetic match in the absence of verified shade documentation.

Fees for the Services are set forth in the pricing schedule shared with the Practice at onboarding or in subsequent written updates, and as reflected on each invoice. Unless otherwise agreed in writing, invoices are issued on a periodic basis and are due upon receipt. Lumera may charge applicable sales or use taxes.

The Practice authorizes Lumera to apply payment methods on file, including by charging cards stored with our payment processor and by debiting accounts designated for automatic billing (for example, for in-house or DSO billing arrangements). Where permitted by law, late or unpaid invoices may accrue a reasonable late charge.

If a charge is disputed, the Practice will notify Lumera within a reasonable time and the parties will cooperate in good faith to resolve the dispute. The Practice remains responsible for undisputed portions of the invoice.

Unless otherwise agreed in writing, Restorations are shipped to the address designated by the Practice. Title to and risk of loss for each shipment pass to the Practice upon delivery of the shipment to the carrier at Lumera’s facility. The Practice is responsible for verifying receipt and for promptly reporting any missing, lost, or visibly damaged shipments so that a carrier claim can be initiated in time.

Lumera stands behind the workmanship of the Restorations it fabricates. If a Restoration is defective in fit or workmanship as delivered, the Practice should notify Lumera promptly and, if requested, return the affected Restoration. Where Lumera reasonably determines the issue is attributable to Lumera’s fabrication, Lumera will remake the Restoration at no additional fabrication charge or, at Lumera’s option, issue a credit for the Case.

Remakes are not provided at no charge where the issue arises from, among other things:

• scans, impressions, photographs, or prescriptions that were inadequate, inaccurate, or changed after fabrication;
• treatment-plan changes, material changes, or design changes requested after the Case was approved for production;
• occlusal adjustments, repairs, or modifications performed outside Lumera;
• damage caused by the patient, the Clinician, the cementation method, or post-delivery handling; or
• failure to follow manufacturer or Lumera-published recommendations for the chosen material.

Whether a particular request is treated as a warranted no-charge remake is determined by Lumera on a case-by-case basis, considering the clinical and technical facts. Lumera does not publish a fixed warranty period for restorations; we evaluate each report on its merits.

This Section 11 states the Practice’s sole and exclusive remedy, and Lumera’s entire liability, for any defect in a Restoration.

Lumera, its lab technicians, designers, and customer-service personnel are not dental providers and do not practice dentistry. Communications from Lumera staff about case design, material behavior, or operational matters are technical in nature and are not clinical advice. The Clinician is solely responsible for all clinical decisions and for the care of the patient.

To the extent that Lumera receives or processes PHI on behalf of a Practice that is a Covered Entity under HIPAA, Lumera acts as a Business Associate. PHI is governed by the parties’ BAA and by HIPAA, which control over any inconsistent provision of these Terms with respect to PHI. Our general data practices are described in our Privacy Policy.

The Services, including the Portal software, design systems, content, trademarks, and underlying technology, are owned by Lumera or its licensors and are protected by applicable intellectual-property laws. Subject to these Terms, Lumera grants the Practice a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for the Practice’s internal business purposes.

As between the parties, the Practice retains ownership of the clinical inputs it submits (scans, photographs, prescriptions, notes), subject to the BAA and to the license set forth below. The Practice grants Lumera a non-exclusive, worldwide, royalty-free license to use, copy, store, transmit, modify, and create derivative works of those inputs solely as necessary to (a) provide the Services, (b) fabricate the Restoration, (c) comply with legal obligations, and (d) operate and improve the Services in a de-identified or aggregated form that does not identify any patient or Practice.

Any feedback, suggestions, or ideas the Practice or its personnel provide about the Services may be used by Lumera without restriction or compensation.

Each party may receive information from the other that is marked confidential or that a reasonable person would understand to be confidential (“Confidential Information”). The receiving party will (a) use Confidential Information only as needed to perform under these Terms, (b) protect it with at least the same care it uses for its own confidential information of similar sensitivity (and in no event less than reasonable care), and (c) not disclose it to third parties except to personnel and subcontractors with a need to know who are bound by similar obligations. Confidential Information does not include information that is or becomes public through no fault of the receiving party, was independently developed, or is rightfully received from a third party without confidentiality obligations.

These Terms apply for as long as the Practice has an account or is actively using the Services. Either party may terminate at any time for any reason on reasonable notice. Lumera may suspend or terminate the Services or any account immediately if Lumera reasonably believes there has been (a) a material breach of these Terms, (b) a security or fraud risk, (c) non-payment, (d) misuse of PHI, or (e) violation of applicable law.

Upon termination, the Practice’s right to access the Services ends. Sections that by their nature should survive termination (including, without limitation, Sections 6, 9, 11, 13, 14, 15, 18, 19, 20, 21, 22, and 24) will survive.

Lumera may change the features and functionality of the Services from time to time to improve them, address security or legal requirements, or for other reasonable business purposes. Lumera may update these Terms by posting a new version at this URL and updating the effective date above. If a change is material, Lumera will provide additional notice (for example, by email or an in-Portal banner). Continued use of the Services after the effective date constitutes acceptance of the updated Terms.

EXCEPT AS EXPRESSLY SET FORTH IN SECTION 11, THE SERVICES AND RESTORATIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND LUMERA DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

LUMERA DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT LEAD TIMES OR SHIPPING ESTIMATES WILL BE MET. LUMERA DOES NOT WARRANT ANY CLINICAL RESULT, ESTHETIC RESULT, OR PATIENT OUTCOME, ALL OF WHICH DEPEND ON FACTORS WITHIN THE CLINICIAN’S CONTROL.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND EXCEPT AS PROVIDED BELOW, IN NO EVENT WILL LUMERA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST GOODWILL, LOST PATIENTS, OR LOSS OR CORRUPTION OF DATA, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, EVEN IF LUMERA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LUMERA’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO ANY CLAIM CONCERNING A RESTORATION (INCLUDING WITHOUT LIMITATION CLAIMS BASED ON DEFECT, FIT, MATERIAL, OR FABRICATION) WILL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY THE PRACTICE TO LUMERA FOR THE AFFECTED CASE(S), PLUS, AT LUMERA’S OPTION, A REMAKE OF THE AFFECTED RESTORATION AT NO ADDITIONAL FABRICATION CHARGE WHERE WARRANTED UNDER SECTION 11.

The limitations in this Section 19 do not apply to (a) liability for death or bodily injury caused by Lumera’s gross negligence or willful misconduct, (b) Lumera’s indemnification obligations under Section 20, (c) breaches of confidentiality under Section 15, or (d) any other liability that, as a matter of applicable law, cannot be limited or excluded.

The Practice will defend, indemnify, and hold harmless Lumera and its officers, directors, employees, and agents from and against any third-party claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) the Practice’s or any of its Clinicians’ breach of these Terms; (b) the Practice’s or any of its Clinicians’ clinical decisions, prescriptions, treatment of patients, or alleged malpractice; (c) the submission of any Case, scan, photograph, prescription, or other content without lawful authority or required patient consent; or (d) the Practice’s or its Clinicians’ violation of any law, including HIPAA, state privacy or healthcare laws, or applicable rules of professional responsibility.

Lumera will defend, indemnify, and hold harmless the Practice from and against third-party claims to the extent arising out of Lumera’s gross negligence or willful misconduct in providing the Services.

The indemnifying party will have control of the defense and settlement of any indemnified claim, provided that it will not enter into any settlement that imposes liability or admission on the indemnified party without that party’s prior written consent. The indemnified party will provide prompt notice and reasonable cooperation.

These Terms, and any dispute arising out of or related to them or the Services, are governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict-of-laws principles. The U.N. Convention on Contracts for the International Sale of Goods does not apply.

Informal resolution first. Before filing arbitration or a court action, the parties will attempt in good faith to resolve any dispute informally by written notice to the other side describing the dispute and the requested relief, followed by a 30-day discussion period.

Binding arbitration. Except as provided below, any dispute, claim, or controversy arising out of or related to these Terms or the Services (a “Dispute”) will be resolved by final and binding arbitration administered by JAMS (or, if JAMS is unavailable, the American Arbitration Association) under its then-current commercial arbitration rules. The arbitration will be conducted by one arbitrator, seated in Massachusetts, and may be conducted by videoconference where appropriate. The arbitrator may award any relief that a court of competent jurisdiction could award, subject to the limitations in these Terms. Judgment on the award may be entered in any court of competent jurisdiction.

Small-claims carve-out. Either party may bring an individual action in small-claims court in Massachusetts for any Dispute within that court’s jurisdiction in lieu of arbitration.

Injunctive relief. Either party may seek temporary or preliminary injunctive relief in a court of competent jurisdiction to prevent imminent irreparable harm pending the outcome of arbitration.

No class actions. Disputes will be resolved on an individual basis. The parties waive any right to participate in a class action, consolidated action, or representative proceeding. The arbitrator may not consolidate claims of more than one party or preside over any form of representative or class proceeding.

Notices to the Practice may be sent to the email address associated with the account or posted in the Portal. Notices to Lumera must be submitted through the contact form on lumeradental.com and are deemed given when Lumera confirms receipt. The Practice is responsible for retaining a copy of the submission and the receipt confirmation.

• Entire agreement. These Terms, together with the BAA, the Privacy Policy, the pricing schedule, and any written order or addendum signed by both parties, constitute the entire agreement between the parties regarding the Services and supersede any prior or contemporaneous understandings.
• Order of precedence. In the event of a conflict, the order is: (1) the BAA (for PHI matters), (2) any signed written order or addendum, (3) these Terms, (4) the Privacy Policy.
• Assignment. The Practice may not assign these Terms without Lumera’s prior written consent. Lumera may assign these Terms in connection with a merger, acquisition, financing, or sale of all or substantially all of its assets.
• No waiver. Failure to enforce a provision is not a waiver of that provision.
• Severability. If any provision is held unenforceable, the remaining provisions will remain in effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
• Force majeure. Neither party is liable for failures or delays due to events beyond its reasonable control, including natural disasters, labor actions, internet or utility failures, carrier disruptions, and government actions.
• Independent contractors. The parties are independent contractors; nothing in these Terms creates a partnership, agency, joint venture, or employment relationship.
• Headings. Section headings are for convenience only and do not affect interpretation.

Questions about these Terms can be sent through our contact form.