Terms of Service

Effective Date: April 4, 2026. Last Updated: April 4, 2026.

These Terms of Service ("Terms") govern your access to and use of ddswebsolutions.com (the "Site") and any related products, tools, content, or services offered by DDS Web Solutions ("DDS Web Solutions," "we," "us," or "our"). By accessing the Site, submitting a form, requesting a quote, or engaging our services, you agree to be bound by these Terms. If you do not agree, do not use the Site.

Please read these Terms carefully. They contain important information about your legal rights, remedies, and obligations, including a limitation of liability and the governing law that applies.

1. Who We Are

DDS Web Solutions is a digital marketing agency based in Sacramento, California with an additional office in San Mateo, California. We offer website design, search engine optimization, paid advertising, social media management, branding, reputation management, call tracking, HIPAA-aware web forms, content marketing, photography, videography, and related services primarily to dental and medical practices across the United States.

2. Eligibility and Account Use

The Site is intended for business users and individuals who are at least eighteen years old and have the authority to enter into binding agreements on behalf of the practice or business they represent. By using the Site or engaging our services, you represent and warrant that you meet these requirements. If you access the Site on behalf of an entity, you represent that you are authorized to bind that entity to these Terms.

3. Services and Engagement Agreements

Information on the Site describes services we offer in general terms and is provided for informational purposes only. It is not an offer to provide services and does not create a contractual relationship. When you engage DDS Web Solutions for a specific project or ongoing services, the specific scope, deliverables, timelines, fees, payment terms, and other commercial details will be set forth in a separate written engagement agreement, proposal, statement of work, or retainer agreement signed by both parties.

In the event of a conflict between these Terms and a signed engagement agreement, the engagement agreement controls with respect to that specific engagement.

4. Fees, Billing, and Payment

Fees for services are set forth in the applicable engagement agreement or proposal. Unless otherwise agreed in writing, invoices are due upon receipt. Late payments may accrue interest at the lesser of one and one-half percent per month or the maximum rate allowed by law. You are responsible for all taxes associated with services other than taxes on our net income. Third-party advertising spend (such as Google Ads or Meta Ads budgets) is billed separately or passed through to you and is not included in management fees unless expressly stated.

5. Intellectual Property

Our Property

All content on the Site, including text, graphics, logos, icons, images, audio, video, software, proprietary platforms (SmileTrak, DentistForm, ToothRank), and the compilation thereof, is the property of DDS Web Solutions or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws. The DDS Web Solutions name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of DDS Web Solutions or its affiliates. You may not use these marks without our prior written permission.

Limited License to Use the Site

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal and internal business evaluation purposes. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Site except as expressly permitted by these Terms or with our prior written consent.

Client Deliverables

Ownership of deliverables produced for clients during an engagement is governed by the signed engagement agreement. Unless expressly assigned in writing, DDS Web Solutions retains ownership of all pre-existing materials, templates, tools, source code, and methodologies used to create deliverables, and grants clients a perpetual license to use the final delivered work for the client's business purposes.

Intellectual Property Warranty

DDS Web Solutions warrants that custom deliverables created specifically for a client will not, to the best of our knowledge, infringe the intellectual property rights of any third party. This warranty does not apply to materials provided by the client, modifications made by the client after delivery, or third-party assets (stock images, fonts, open-source libraries) used under their respective licenses. If a third-party IP claim arises from deliverables we created, DDS Web Solutions will, at its option, modify the deliverable to avoid infringement, replace it with a non-infringing alternative, or refund fees attributable to the infringing deliverable. This section states the entire liability of DDS Web Solutions with respect to third-party IP claims related to deliverables.

6. User Content and Submissions

When you submit information through a form, quote request, consultation request, or any other communication with us, you represent that the content is accurate, that you have the right to submit it, and that it does not violate any law or third-party rights. You grant DDS Web Solutions a non-exclusive, royalty-free, worldwide license to use the information you submit for the purpose of responding to your inquiry, delivering services, and operating our business.

Do not submit Protected Health Information (PHI), patient medical records, or clinical data through forms on the Site. If PHI will be exchanged as part of an engagement, we will direct you to secure channels and require execution of a Business Associate Agreement.

7. Prohibited Uses

You agree not to use the Site in any manner that:

• Violates any federal, state, local, or international law or regulation.
• Infringes the intellectual property, privacy, publicity, or other rights of any third party.
• Transmits any material that is defamatory, obscene, harassing, threatening, or otherwise objectionable.
• Impersonates DDS Web Solutions, our employees, or another person or entity.
• Introduces viruses, worms, malware, or any other material that is malicious or technologically harmful.
• Attempts to gain unauthorized access to the Site, servers, databases, or networks connected to the Site.
• Uses automated scrapers, bots, or data-mining tools to access, collect, or copy content from the Site without our written permission.
• Interferes with or disrupts the Site or servers connected to the Site.
• Uses the Site to send unsolicited commercial communications.

8. Third-Party Services and Links

The Site and our services integrate with or link to third-party platforms such as Google, Meta, Yelp, LinkedIn, third-party form and analytics providers, and others. We are not responsible for the availability, content, privacy practices, or terms of service of any third-party platform. Your use of any third-party platform is subject to that platform's own terms and policies. DDS Web Solutions does not control and does not endorse any third-party content unless specifically stated.

9. No Guarantee of Results

Digital marketing results depend on many factors outside our control, including market conditions, competition, search engine algorithms, advertising platform policies, your practice's location and reputation, your budget, and your own operational execution. DDS Web Solutions does not guarantee specific rankings, traffic levels, lead volumes, conversion rates, revenue, or other outcomes. Any forecasts, projections, or case studies shared with you represent illustrative examples of past performance and are not a promise of future results.

10. Disclaimer of Warranties

THE SITE AND ALL CONTENT, MATERIALS, AND SERVICES PROVIDED THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DDS WEB SOLUTIONS DISCLAIMS ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DDS WEB SOLUTIONS, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF DDS WEB SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF DDS WEB SOLUTIONS FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE EXCEED THE GREATER OF ONE HUNDRED DOLLARS OR THE AMOUNT YOU PAID TO DDS WEB SOLUTIONS IN THE THREE MONTHS PRECEDING THE CLAIM. NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY FOR FRAUD, GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER CALIFORNIA LAW, INCLUDING CALIFORNIA CIVIL CODE SECTION 1668. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12. Indemnification

You agree to defend, indemnify, and hold harmless DDS Web Solutions, its officers, directors, employees, contractors, and affiliates from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms, your misuse of the Site, your violation of any law or the rights of any third party, or content you submit through the Site.

13. Termination

We may suspend or terminate your access to the Site at any time, with or without notice, for any reason, including if we believe you have violated these Terms. Upon termination, all provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability. Termination of access to the Site does not affect the rights and obligations of the parties under any separate signed engagement agreement.

14. Governing Law and Venue

These Terms and any dispute or claim arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws provisions. Subject to Section 15 below, you agree that any legal action or proceeding arising out of or relating to these Terms or the Site shall be brought exclusively in the state or federal courts located in Sacramento County, California, and you consent to the personal jurisdiction and venue of those courts.

15. Dispute Resolution

Before filing any claim against DDS Web Solutions, you agree to first contact us in writing and allow a period of thirty days for us to attempt in good faith to resolve the dispute informally. If the dispute is not resolved within that period, either party may pursue the dispute in court subject to the governing law and venue provisions above, or by mutual written agreement may submit the dispute to binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect intellectual property rights or confidential information.

16. General Provisions

Entire Agreement. These Terms, together with our Privacy Policy and any signed engagement agreement, constitute the entire agreement between you and DDS Web Solutions regarding your use of the Site and supersede any prior agreements or understandings.

Severability. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.

Waiver. The failure of DDS Web Solutions to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

Assignment. You may not assign or transfer these Terms without our prior written consent. DDS Web Solutions may assign or transfer these Terms in connection with a merger, acquisition, or sale of assets.

Notices. We may provide notices under these Terms by email, by posting on the Site, or by other reasonable means. Notices to DDS Web Solutions must be sent in writing to the contact information below.

17. Changes to These Terms

We may update these Terms from time to time. When we do, we will update the "Last Updated" date at the top of this page. If the changes are material, we will provide more prominent notice. Your continued use of the Site after the changes become effective means you accept the revised Terms.

18. Contact Us

If you have questions about these Terms, contact us at: