Terms of Service

XLUR, LLC. (“XLUR”) agrees to provide clear aligner products and services to Customers under the following conditions.

  • Order and Fulfillment Process

Customer shall place all orders for clear aligners via this website and/or the XLUR portal at portal.xlur.com. Upon the provision of all required patient information, XLUR shall provide the clear aligners to the Customer. All orders shall be paid for prior to production of treatment plans or clear aligners pursuant to XLUR standard terms and conditions of sale. If payment is not recieved in full, XLUR reserves the right to pause production or cancel the order.

  • Payment terms

Customer shall provide a valid credit card to be will be kept in a PCI compliant software for the purpose of immeidate payment upon the acceptance and approval of order(s) in the doctor portal. Prepayment prior to production is required. XLUR reserves the right to cure or correct any defect or payment dispute before issuance of any credit or refund. XLUR must receive written notice of any disputed charges from customer within thirty (30) days after the issue date of the invoice or statement date or customer shall be deemed to have waived its right to dispute the charges. Customer will be deemed to have accepted all invoices or statements for which XLUR does not receive such timely notification of dispute and shall pay all undisputed amounts due under such invoices or statements within the period set forth herein. Past due invoices may incure an additional 10% late fee or maximum allowed by law, until the balance is paid in full.

  • Eligibility Certification

The XLUR aligner system can only be designed and ordered by licensed dental health professionals who have been properly trained in the use of the XLUR aligner system.   Accordingly, Customer certifies that she or he: 1) is a properly licensed dental health professional, 2) is legally authorized to proscribe, design and provide dental orthodontic devices, 3) has successfully completed all required XLUR training; and 4) has the technical capabilities to properly design and fit the XLUR aligner system and to oversee XLUR aligner patient treatment plans. XLUR retains the ability at its discretion to discontinue doing business with any customer for any reason.

  • Acceptance of Orders

XLUR shall have the right, at its sole and absolute discretion, to accept or reject any order (or any portion thereof) for any reason. No order shall be binding upon XLUR unless and until shipment is completed. If shipment is confirmed by carrier but customer aserts they have not recieved the order, customer shall negotiate in good faith with XLUR to come to a mutually acceptable solution in such situations. If XLUR considers the order delivered there shall be no refund.

  • Revisions and Refinement for XLUR orders

XLUR may provide a certain number of revisions and/or refinements with each new intial case. All revisions and/or refinements must be submitted and approved by customer during treatment and within the three (3) year period from the original order date. If customer uses up all the provided revisions and/or refinements they may request and order more revisions / refinements at the current XLUR price for such orders. Once clear aligner user has begun wearing retainers the clear aligner case is deemed complete and all provided revisions and/or refinements are now void. XLUR may accept or reject additional requests or orders for revisions and/or refinements at it’s sole discretion for any reason.

  • Orders Requests from other Clear Aligner Providers

Customers may submit revisions and/or refinements requests for cases that were begun by other clear aligner providers. XLUR may accept or reject requests or orders at it’s sole discretion for any reason. XLUR is not responsible or liable for any cases submitted to any other clear aligner company or provider.

  • Patient Transfers

If a doctor transfers their patients to another doctor, XLUR is under no obligation to honor the number of revisions and/or refinements ordered by the former doctor. XLUR is not responsible or liable for any clear aligner cases transfered to another doctor.  XLUR may accept or reject requests or orders at it’s sole discretion for any reason from the doctor receiving transfered patients. If customer orders a clear aligner case with unlimited revisions and/or refinements and then transfers patient to another doctor the unlimited provision is considered void.

  • Active User

XLUR defines an active user as any customer who has ordered and approved an initial case within the past 90 days. XLUR reserves the right to determine a customer as inactive and discontinue service with customer at its sole discretion for any reason.

  • Unlimited Case

Orders that include unlimited revisions and/or refinements include a three (3) year window of support and service from the date the order is placed. All revisions and/or refinements must be ordered and approved within that three (3) year window. Once the three (3) window has expired or the customer’s patient is wearing retainers the clear aligner case is considered completed and XLUR’s services are complete. If XLUR feels customer’s patient is non-compliant in wearing their aligners resulting in needless revisions and/or refinements XLUR may discontinue service and consider the case complete. If doctor performs any restorative services on the customer patient’s teeth or any changes; such as the shape of any teeth, archform or topography of any of the teeth it shall void all revisions and/or refinements offered at time of order. If a customer becomes an inactive user, XLUR has the sole discretion to discontinue service with customer for any reason.

  • Cancellation of Orders

Customer may not cancel an order once XLUR begins any phase of the design or production of XLUR Products.

  • Returns and Refunds

By submitting payment for treatment plans and clear aligners, Customer agrees that the amounts charged to Customer’s credit card are nonrefundable and Customer accepts complete financial responsibility even if the treatment is not accepted by Customer’s patient or if the patient does not pay the Customer. Customer agrees that XLUR incurs significant costs to provide products and services on Customer’s behalf and is not prohibited from collecting payment in the event that Customer requests a charge back for this transaction. Because of the custom and labor-intensive nature of producing treatment plans and clear aligners, all sales are final upon payment by the Customer without exception.

  • Credits

Any account credits offered and received by Customers must be used in accordance with XLUR’s promotion rules and policies. Account credits cannot be combined with any other discounts and a maximum of 50% account credit can be used on any one case or order. Account credits may expire in accordance to any promotion rules and regulations. All account credits expire 90 (ninety-days) after they are given to Customer.

  • Pricing

The price of XLUR products and all fees in accordance with XLUR’s prices as in effect at the time of XLUR’s acceptance of the applicable order. XLUR may update the purchase price at any time and without notice in its sole and absolute discretion. Any changes to the purchase price will not affect existing orders that have been accepted by XLUR prior to the effective date of the purchase price change. The purchase price may not include sales, use, excise, tariff or any similar tax unless otherwise specified by XLUR in writing.

  • Liability Disclaimer

XLUR hereby disclaims any express or implied warranties, including the implied warranty of merchantability and implied warranty of fitness for a particular outcome.  XLUR also hereby disclaims any responsibility for data loss for Customer information stored on its servers or on those of the Customer.

  • Data Privacy and Protection

In order to provide XLUR aligner products and services to Customer, it will be necessary for XLUR to function as a “Business Associate” of the Customer and to have access to Patient Health Information.  In such event, Business Associate agrees to:

(a) Not use or disclose Protected Health Information other than as permitted or required by this Agreement or as required by law;

(b) Use appropriate safeguards, and comply with Subpart C of 45 CFR Part 164 with respect to electronic Protected Health Information, to prevent use or disclosure of Protected Health Information other than as provided for by the Agreement;

(c) Report to Customer any use or disclosure of Protected Health Information not provided for by this Agreement of which it becomes aware, including breaches of unsecured Protected Health Information as required at 45 CFR 164.410, and any Security Incident of which it becomes aware;

(d) In accordance with 45 CFR 164.502(e)(1)(ii) and 164.308(b)(2), if applicable, ensure that any Subcontractors that create, receive, maintain, or transmit Protected Health Information on behalf of the Business Associate agree to the same restrictions, conditions, and requirements that apply to the Business Associate with respect to such information;

(e) Make available Protected Health Information in a Designated Record Set to the Covered Entity or Individual as necessary to satisfy Covered Entity’s obligations under 45 CFR 164.524;

(f) Make any amendment(s) to Protected Health Information in a Designated Record Set as directed or agreed to by the Covered Entity pursuant to 45 CFR 164.526, or take other measures as necessary to satisfy Covered Entity’s obligations under 45 CFR 164.526; and:

(g) Maintain and make available the information required to provide an accounting of disclosures to the Covered Entity and / or to the Individual, as necessary to satisfy Covered Entity’s obligations under 45 CFR 164.528;

(h) To the extent the Business Associate is to carry out one or more of Covered Entity’s obligation(s) under Subpart E of 45 CFR Part 164, comply with the requirements of Subpart E that apply to the Covered Entity in the performance of such obligation(s); and

(i) Make its internal practices, books, and records available to the U.S. Department of Health and Human Services for the purpose of determining compliance with the HIPAA Rules.

  • Permitted Uses and Disclosures by Business Associates

(a) Business Associate may only use or disclose Protected Health Information to the extent that such use or disclosure is necessary to perform the services undertaken by Business Associate on behalf of the Covered Entity and to the extent such use or disclosure is allowed by law.

(b) Business Associate may not use or disclose Protected Health Information in a manner that would violate Subpart E of 45 CFR Part 164 if done by Covered Entity.