Website Terms of Use

0. Acceptance — please read carefully

These Website Terms of Use (“Terms”) form a binding legal agreement between you and DocsDocs Technologies, Inc. (“DocsDocs,” “we,” “us,” or “our”). By accessing, browsing, registering with, submitting information to, or otherwise using the DocsDocs website located at https://www.docs-docs.com or any other website, portal, or online property operated by DocsDocs that links to these Terms (collectively, the “Site”), you agree to be bound by these Terms and by the DocsDocs Privacy Policy, which is incorporated by reference. If you do not agree, you must not access or use the Site.

These Terms apply to all visitors of the Site, whether or not you register for an account, request a demo, subscribe to communications, or submit any other information. If you access the Site on behalf of an organisation, you represent that you have authority to bind that organisation, and references to “you” include both you individually and that organisation.

1. Relationship to other agreements

These Terms govern your use of the Site. They do not govern your use of the DocsDocs dental practice management software platform or related services (collectively, the “DocsDocs Platform”). The DocsDocs Platform is licensed separately under the DocsDocs End User License Agreement (“EULA”), accompanied by one or more Order Forms and, where applicable, a HIPAA Business Associate Agreement (“BAA”) and a Data Processing Agreement (“DPA”). If you are a customer of the DocsDocs Platform, your use of the Platform is governed by those agreements, and in the event of any conflict between these Terms and those agreements with respect to the Platform, those agreements control.

2. Definitions

2.1 “Content” means all text, graphics, images, logos, audio, video, icons, software, code, data, articles, blog posts, white papers, case studies, webinars, podcasts, and other materials made available through the Site.

2.2 “DocsDocs Content” means Content owned, licensed, or controlled by DocsDocs and made available on the Site.

2.3 “Person” means any individual, organisation, or other legal entity.

2.4 “User Content” means any Content you submit, post, upload, or otherwise transmit to or through the Site, including form submissions, demo requests, blog comments, testimonials, application materials, and reviews.

3. Eligibility

The Site is intended for use by individuals who are at least eighteen (18) years of age. The Site is not directed to children under the age of thirteen (13), and we do not knowingly collect personal information from children under thirteen. If we learn that we have inadvertently collected personal information from a child under thirteen, we will delete it in accordance with the Children’s Online Privacy Protection Act (“COPPA”) and applicable state laws. If you are between the ages of thirteen and eighteen, you may use the Site only with the involvement of a parent or legal guardian. You may not use the Site if you are located in, organised under the laws of, or ordinarily resident in any country or territory subject to comprehensive U.S. economic sanctions, or if you are on the U.S. Treasury Department’s Specially Designated Nationals List or any other U.S. government restricted-party list.

4. License to use the Site

Subject to your compliance with these Terms, DocsDocs grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site for your personal, non-commercial information purposes (and, if you are a current or prospective DocsDocs customer or partner, in connection with evaluating, contracting for, or using the DocsDocs Platform). All rights not expressly granted are reserved.

5. Account registration

Some features of the Site may require you to register an account, sign up for a demo, subscribe to a newsletter, or otherwise provide personal information. When you register or submit information, you agree to (a) provide accurate, current, and complete information; (b) maintain and promptly update your information; (c) maintain the security of your account credentials; and (d) be responsible for all activities that occur under your account. You must notify us promptly of any unauthorised use of your account. We may suspend or terminate your account at our discretion if we suspect a violation of these Terms.

6. Intellectual property

6.1 Ownership. The Site and all DocsDocs Content are owned by DocsDocs or its licensors and are protected by U.S. and international copyright, trademark, trade secret, and other intellectual property laws. “DocsDocs,” the DocsDocs logo, “Toothmate,” and other DocsDocs marks are trademarks or service marks of DocsDocs. Third-party trademarks appearing on the Site are the property of their respective owners.

6.2 Permitted Personal Use. You may view, download, and print pages from the Site for your personal, non-commercial use, provided you retain all copyright and other proprietary notices. You may not (a) reproduce, modify, distribute, transmit, publicly display, publicly perform, sell, lease, or create derivative works of the Site or DocsDocs Content; (b) use any data-mining, scraping, robot, or similar automated means to access or extract data from the Site (except by lawful public-search-engine crawlers obeying our robots.txt); (c) frame or mirror the Site or any portion thereof; (d) use any DocsDocs mark in connection with any product or service that is not DocsDocs’s; or (e) attempt to reverse-engineer or circumvent any technical measure that protects the Site.

6.3 Limited Linking. You may link to the home page of the Site provided you do so in a manner that does not (a) suggest sponsorship, endorsement, or affiliation with DocsDocs without our permission; (b) misrepresent your relationship with DocsDocs; or (c) present false or misleading information about DocsDocs. We may revoke this linking permission at any time.

7. User Content; license to DocsDocs

7.1 Your Responsibility. You are solely responsible for any User Content you submit. You represent and warrant that (a) you own or have all necessary rights to your User Content; (b) the User Content does not violate these Terms or applicable law; and (c) the User Content does not infringe, misappropriate, or violate any third party’s rights, including intellectual property, publicity, privacy, or contractual rights.

7.2 License to DocsDocs. By submitting User Content, you grant DocsDocs and its affiliates, licensees, and assigns a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, transferable, perpetual, and irrevocable license to host, store, transmit, reproduce, modify, adapt, translate, publish, distribute, display, perform, create derivative works of, and otherwise use your User Content in connection with operating, promoting, and improving the Site, the DocsDocs Platform, and DocsDocs’s business. You waive, and agree not to assert, any moral rights you may have in your User Content to the maximum extent permitted by law. Notwithstanding the foregoing, if your User Content includes Protected Health Information, the BAA between DocsDocs and the applicable covered entity governs (not these Terms), and DocsDocs will not exercise the license in this Section in a manner inconsistent with the BAA.

7.3 Feedback. If you submit comments, suggestions, ideas, enhancement requests, or other feedback about the Site or the DocsDocs Platform, you grant DocsDocs a perpetual, irrevocable, worldwide, royalty-free, sublicensable, transferable license to use such feedback for any purpose, without restriction or compensation. Feedback is non-confidential.

7.4 Removal Rights. DocsDocs has no obligation to monitor User Content but may, in its sole discretion and without notice, remove or refuse to publish any User Content that it reasonably believes violates these Terms, applicable law, or the rights of any Person.

8. Prohibited conduct

When using the Site, you shall not:

• (a)violate any applicable federal, state, local, or foreign law or regulation;
• (b)infringe or misappropriate any third party’s intellectual property, publicity, privacy, contractual, or other rights;
• (c)submit any User Content that is unlawful, defamatory, threatening, harassing, discriminatory, obscene, or otherwise objectionable;
• (d)impersonate any Person or misrepresent your affiliation with any Person;
• (e)interfere with or disrupt the Site or any servers, networks, or systems connected to the Site, including by uploading viruses, malware, ransomware, time bombs, or other harmful code;
• (f)engage in any form of unauthorised data collection, scraping, crawling, harvesting, indexing (except by lawful public-search-engine crawlers), or use of automated means to access the Site;
• (g)attempt to gain unauthorised access to any portion of the Site, any account, any computer system, or any network connected to the Site, or to circumvent any security, rate-limit, or access-control mechanism;
• (h)use the Site to send unsolicited commercial communications (spam) or to harvest contact information for unsolicited commercial communications;
• (i)test or probe the Site for vulnerabilities except through DocsDocs’s designated responsible-disclosure process;
• (j)use the Site to build, train, or evaluate any machine-learning model, or to scrape or extract content for inclusion in a dataset, without DocsDocs’s prior written consent;
• (k)post or transmit any Protected Health Information of another person through any public-facing form, comment, or chat feature on the Site; or
• (l)attempt, encourage, or assist any other Person to do any of the foregoing.

9. Third-party links and content

The Site may contain links to or embedded content from third-party websites, services, advertisers, or platforms (including YouTube videos, social-media feeds, and third-party blog content). DocsDocs does not control and is not responsible for any third-party site, service, or content. Your interactions with any third-party site or service are governed solely by that third party’s terms and privacy practices. DocsDocs does not endorse, and is not responsible for, any third-party site or service.

10. Copyright infringement (DMCA notice and takedown)

DocsDocs respects the intellectual property of others. If you believe that any Content on the Site infringes your copyright, you may submit a notice to DocsDocs’s designated copyright agent under the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512. Your notice must include all of the following:

• (a)a physical or electronic signature of the copyright owner or a person authorised to act on the owner’s behalf;
• (b)identification of the copyrighted work claimed to have been infringed;
• (c)identification of the material that is claimed to be infringing and where it is located on the Site, with sufficient detail to permit DocsDocs to locate it;
• (d)your contact information, including address, telephone number, and email address;
• (e)a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorised to act on the owner’s behalf; and
• (f)a statement that you have a good-faith belief that the use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law.

DocsDocs may remove or disable access to material alleged to be infringing and may terminate the accounts of users determined to be repeat infringers. False or knowingly misleading notices may result in liability under 17 U.S.C. § 512(f). A counter-notice procedure is available; counter-notices must satisfy 17 U.S.C. § 512(g)(3) and may be submitted to the same address.

11. Privacy, cookies, and analytics

Our collection and use of personal information through the Site is described in our Privacy Policy, available at https://www.docs-docs.com/privacy, which is incorporated by reference. The Site uses cookies, web beacons, and similar tracking technologies to operate the Site, analyse traffic, remember preferences, deliver advertising, and measure marketing performance. You can manage your cookie preferences through our cookie banner or through your browser settings. We honour Global Privacy Control (GPC) signals as a valid opt-out of sale or sharing under the CCPA / CPRA and applicable state privacy laws.

12. California privacy rights and state privacy notices

If you are a California resident, you have rights under the California Consumer Privacy Act (as amended by the California Privacy Rights Act, “CCPA/CPRA”), including the right to know what personal information we collect, the right to access and delete that information, the right to correct inaccurate information, the right to opt out of sale or sharing of personal information, the right to limit the use of sensitive personal information, and the right to non-discrimination for exercising your rights. We do not sell personal information for money, but our use of advertising and analytics cookies may be considered “sharing” for cross-context behavioural advertising under the CCPA/CPRA. You can opt out via the “Do Not Sell or Share My Personal Information” link in our footer or by enabling a Global Privacy Control signal. Residents of Colorado, Connecticut, Virginia, Utah, Texas, Oregon, Montana, Iowa, Delaware, Indiana, Florida, New Hampshire, New Jersey, Maryland, Minnesota, Rhode Island, Tennessee, Kentucky, and Nebraska have analogous rights under their respective state privacy laws, exercisable through the same channels. Full details and instructions for verifying and submitting rights requests are in our Privacy Policy.

13. Marketing communications; SMS / email opt-out

If you provide your contact information (for example, by requesting a demo, subscribing to a newsletter, or submitting a sales inquiry), you consent to DocsDocs contacting you with marketing communications related to the DocsDocs Platform. We comply with the federal CAN-SPAM Act, the Telephone Consumer Protection Act (“TCPA”), and applicable state mini-TCPA statutes. You may opt out at any time by using the unsubscribe link in any marketing email, by replying STOP to any marketing SMS message, or by emailing contact@docs-docs.com. Message and data rates may apply. Transactional communications related to your account or active engagements with DocsDocs are not marketing communications and may continue even after you opt out of marketing.

14. Accessibility

DocsDocs strives to make the Site accessible to individuals with disabilities and aims to conform with the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA. If you have difficulty using or accessing any element of the Site, please contact us at contact@docs-docs.com and we will work with you to provide the information, item, or transaction you seek through a communication method that is accessible for you.

15. Informational only; no medical, legal, or professional advice

The Site is provided for general informational purposes. Content on the Site (including blog articles, white papers, case studies, webinars, AI-generated explanations, and product descriptions) does not constitute clinical, medical, dental, legal, tax, billing, coding, regulatory, or other professional advice and should not be relied on as such. The Site is not a medical device, does not diagnose or treat any condition, and does not replace the judgment of a licensed dental or medical professional. If you are a patient seeking advice about a medical or dental condition, please consult a licensed professional. If you are a healthcare professional, you are responsible for exercising independent professional judgment in any decision based on Content on the Site.

16. Forward-looking statements; product roadmaps

Statements on the Site that are not historical facts — including statements about future product features, performance, market opportunity, financial expectations, regulatory developments, and timelines — are forward-looking statements and involve risks, uncertainties, and assumptions. Actual results may differ materially. DocsDocs’s product roadmaps and feature previews are subject to change at any time and do not constitute commitments to deliver any specific feature by any specific date.

17. Disclaimers

The Site and all Content are provided “as is” and “as available,” without warranty of any kind, express, implied, or statutory. DocsDocs disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, reliability, and any warranty arising from course of dealing or usage of trade. Without limiting the foregoing, DocsDocs does not warrant that the Site will be uninterrupted, error-free, secure, or free of viruses or other harmful code, or that any Content on the Site is accurate, complete, reliable, current, or error-free. You use the Site at your own risk.

18. Limitation of liability

To the maximum extent permitted by law, in no event shall DocsDocs, its affiliates, or their respective officers, directors, employees, agents, or licensors be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages (including loss of profits, revenue, data, or goodwill) arising out of or relating to your use of, or inability to use, the Site, even if DocsDocs has been advised of the possibility of such damages. DocsDocs’s total cumulative liability arising out of or relating to the Site and these Terms shall not exceed the greater of (a) the amounts, if any, paid by you to DocsDocs in connection with your use of the Site in the twelve (12) months before the event giving rise to the claim; or (b) one hundred U.S. dollars (US$100). Some jurisdictions do not allow the limitation or exclusion of certain damages; the limitations in this Section apply to you only to the extent permitted by law.

19. Indemnification

You agree to defend, indemnify, and hold harmless DocsDocs, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of the Site; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any third-party right, including any intellectual property, privacy, or publicity right.

20. Modifications to the Site and Terms

DocsDocs may modify, suspend, or discontinue the Site (or any portion or feature thereof) at any time, with or without notice. DocsDocs may also amend these Terms at any time by posting a revised version on the Site and updating the “Last updated” date. Material changes will be highlighted on the home page or via email to registered users with a reasonable opportunity to review before the changes take effect. Your continued use of the Site after the effective date of a revised version constitutes your acceptance of the revised Terms. If you do not agree, you must stop using the Site.

21. Termination

DocsDocs may terminate or suspend your access to the Site at any time, with or without notice, for any reason, including your violation of these Terms. Upon termination, your right to use the Site immediately ceases. The provisions of these Terms that by their nature should survive termination — including Sections 6, 7.2, 7.3, 11, 17, 18, 19, 22, and 23 — survive.

22. Governing law; venue; jury waiver; limitations period

These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-laws principles. Each party submits to the exclusive personal jurisdiction and venue of the state and federal courts located in Santa Clara County, California, for any action arising out of or relating to these Terms or the Site, and waives any objection based on forum non conveniens. Each party irrevocably waives the right to a trial by jury in any action arising out of or relating to these Terms, to the maximum extent permitted by law. Any claim arising out of or relating to these Terms or the Site must be brought within one (1) year after the claim arises or be forever barred, except where a longer limitations period is required by applicable law.

23. Miscellaneous

23.1 Entire Agreement. These Terms, together with the Privacy Policy and any other agreements you enter with DocsDocs (including the EULA, BAA, DPA, and any Order Forms), constitute the entire agreement between you and DocsDocs regarding your use of the Site.

23.2 Severability. If any provision of these Terms is held invalid, illegal, or unenforceable, that provision shall be reformed to the minimum extent necessary to render it enforceable, or severed if reformation is not possible, and the remaining provisions shall continue in full force and effect.

23.3 Assignment. You may not assign or transfer these Terms or any rights or obligations hereunder without DocsDocs’s prior written consent; any attempted assignment is void. DocsDocs may freely assign these Terms.

23.4 Waiver. No failure or delay by DocsDocs in exercising any right under these Terms operates as a waiver. All waivers must be in writing and signed by DocsDocs.

23.5 Headings; Interpretation. Headings are for reference only. The words “including,” “include,” and “includes” mean “including without limitation.” The singular includes the plural and vice versa.

23.6 Force Majeure. DocsDocs is not liable for any delay or failure to perform caused by an event beyond its reasonable control, including acts of God, natural disasters, pandemics, war, terrorism, civil unrest, governmental action, labour disputes, infrastructure failures, and denial-of-service attacks.

23.7 Independent Contractors. These Terms do not create any partnership, joint venture, agency, franchise, fiduciary, or employment relationship between you and DocsDocs.

23.8 Government Use. If you are a U.S. government entity, the Site is provided as commercial computer software with “Restricted Rights” under FAR 12.212 and DFARS 227.7202.

23.9 Export Controls. You shall not export, re-export, or transfer the Site or any DocsDocs Content in violation of U.S. export control laws (including the Export Administration Regulations) or U.S. economic sanctions.

23.10 Electronic Communications. You consent to receive communications from DocsDocs in electronic form. Notices, agreements, and disclosures provided to you electronically satisfy any legal requirement that they be in writing.

24. Notice to California residents (Civ. Code § 1789.3)

Under California Civil Code § 1789.3, California users are entitled to the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254. The Site is provided to consumers without charge.

25. Contact information

Questions, comments, or notices regarding these Terms or the Site may be sent to: