Effective Date: January 1, 2026
These Terms of Service (“Terms”) govern all services provided by WeCapture Dental and its applicable affiliates, contractors, employees, representatives, and service providers (“WeCapture Dental,” “WeCapture,” “we,” “us,” or “our”) to any client, customer, practice, organization, or individual purchasing or receiving services (“Client,” “you,” or “your”).
By accepting a proposal, paying an initial deposit or invoice, authorizing payment, commencing a project, accessing or using any deliverable or service, or otherwise continuing to engage WeCapture Dental for services, Client acknowledges that Client has read, understood, and agrees to be legally bound by these Terms, together with any applicable proposal, invoice, statement of work, service agreement, or other written agreement between the parties.
If a separately executed written agreement expressly conflicts with these Terms, the terms of that executed agreement shall control solely with respect to the conflicting provision.
WeCapture Dental may provide services including, without limitation, branding, strategy, consulting, website design and development, website management, search engine optimization, reputation management, digital marketing, advertising management, photography, videography, media production, social media services, content creation, automation, software implementation, analytics, lead-generation support, and other related professional services.
The specific scope, deliverables, pricing, and anticipated timelines for an engagement may be identified in a proposal, invoice, statement of work, email, service agreement, project management system, or other written communication.
Any work outside the agreed scope may require additional fees and/or an adjustment to the project timeline.
Payment of any invoice, deposit, retainer, recurring charge, or other amount to WeCapture Dental constitutes Client's acceptance of these Terms.
Client's continued use of WeCapture Dental's services after receiving or having access to these Terms also constitutes acceptance of these Terms.
Client represents that the individual accepting these Terms or authorizing payment has authority to bind the Client and, where applicable, the business or organization on whose behalf the services are being purchased.
Unless otherwise stated in writing, invoices are due according to the payment schedule specified on the applicable invoice, proposal, or agreement.
All payments and fees are non-refundable once earned, work has commenced, resources have been allocated, a billing period has begun, or otherwise stated as non-refundable in the applicable agreement.
Client remains responsible for all amounts due for services performed, resources committed, approved work, completed work, non-cancellable expenses, and applicable cancellation charges.
WeCapture Dental may suspend services, withhold deliverables, restrict access, pause publication, or delay transfer of Client-controlled assets while any undisputed payment obligation is past due.
WeCapture Dental may provide Client with drafts, designs, websites, copy, videos, photographs, advertisements, campaigns, branding materials, or other deliverables for review and approval before final publication, launch, delivery, or implementation.
Unless a different review period is agreed to in writing, Client shall have four (4) calendar days from delivery of a review request to provide written feedback, revisions, objections, or approval.
If Client does not provide written feedback or otherwise communicate an objection within the four-calendar-day review period, the applicable deliverable may be considered approved by Client, and WeCapture Dental may proceed with the next stage of production, finalize the project, publish or implement previously authorized work, or mark the applicable project or project phase complete.
Client acknowledges that failure to review materials during the approval period does not automatically create an obligation for WeCapture Dental to reopen completed project phases or perform additional work without charge.
Any material revisions requested after approval, including deemed approval, may constitute additional work and may be subject to additional fees and revised timelines.
Client is ultimately responsible for reviewing and approving all Client-facing materials before final use, including but not limited to website copy, branding, photographs, videos, advertisements, claims, offers, pricing, promotions, contact information, service descriptions, disclosures, trademarks, logos, accessibility elements, and other published information.
Approval by Client represents Client's confirmation that, to the best of Client's knowledge, the material is accurate, authorized, appropriate for Client's business, and approved for its intended use.
WeCapture Dental is entitled to reasonably rely upon approvals, instructions, representations, files, credentials, and information provided by Client or Client's authorized representatives.
Client represents and warrants that Client owns, licenses, or otherwise possesses all rights and permissions necessary for any materials supplied to WeCapture Dental, including photographs, videos, logos, trademarks, fonts, graphics, music, written copy, patient materials, testimonials, data, documents, and other intellectual property.
Client authorizes WeCapture Dental to use, reproduce, edit, modify, distribute, display, and otherwise process those materials as reasonably necessary to perform the contracted services.
WeCapture Dental shall not be responsible for claims arising from Client-supplied or Client-approved materials where the alleged infringement or violation results from materials, instructions, representations, or approvals supplied by Client.
To the fullest extent permitted by law, Client agrees to indemnify and hold harmless WeCapture Dental from third-party claims, damages, liabilities, costs, and reasonable attorneys' fees arising from Client-supplied materials, Client's lack of required permissions, or Client's instructions concerning the use of such materials, except to the extent caused by WeCapture Dental's own unlawful conduct, gross negligence, or willful misconduct.
Unless otherwise agreed in writing, and subject to full payment of all amounts due, Client receives the rights granted in the applicable proposal or agreement to the final approved deliverables specifically created for Client.
Raw footage, unedited photographs, unused concepts, editable project files, source files, design files, templates, frameworks, methodologies, production processes, internal systems, automation architecture, working files, proprietary tools, and other underlying materials are not included unless expressly identified as deliverables in writing.
WeCapture Dental retains ownership of its pre-existing intellectual property, methodologies, templates, systems, processes, know-how, and other proprietary materials.
To the fullest extent permitted by law and the applicable platform's terms, WeCapture Dental may retain possession or administrative control of deliverables, files, websites, development environments, staging environments, design files, media files, credentials created or managed by WeCapture Dental, or other assets within WeCapture Dental's possession or management until all undisputed amounts due for the applicable engagement have been paid in full.
Final transfer, migration, handoff, export, administrative access, or release of WeCapture-managed assets may be conditioned upon full payment of outstanding amounts.
This provision does not transfer ownership to WeCapture Dental of pre-existing property independently owned by Client or authorize WeCapture Dental to interfere with systems or accounts independently owned and controlled by Client.
Websites developed or materially redesigned by WeCapture Dental will be made available to Client for review and approval before final launch when reasonably practicable.
Client is responsible for reviewing the website's content, functionality, contact information, services, pricing, claims, legal disclosures, links, forms, accessibility considerations, and other Client-specific information.
Client's written approval—or deemed approval under the four-day approval provision above—constitutes authorization to proceed with the applicable finalization or launch activities within the approved scope.
After approval or launch, subsequent modifications, maintenance, updates, regulatory changes, third-party software changes, hosting issues, browser changes, integrations, or other matters may require additional services.
WeCapture Dental may implement commercially reasonable accessibility practices or accessibility tools when included within the applicable scope of services. However, unless expressly stated in a separately executed written agreement, WeCapture Dental does not provide legal advice and does not represent, warrant, or guarantee that any website will satisfy every requirement that may apply under the Americans with Disabilities Act (“ADA”), Web Content Accessibility Guidelines (“WCAG”), or any federal, state, local, or international accessibility law, regulation, standard, or interpretation.
Accessibility standards, technologies, legal interpretations, third-party integrations, and website content may change over time.
Client is responsible for obtaining independent legal or accessibility advice concerning the requirements applicable to Client's business and website.
Nothing in these Terms excludes liability that cannot lawfully be excluded.
Client is responsible for ensuring that Client's business practices, offers, advertisements, promotions, testimonials, healthcare claims, patient communications, privacy practices, and published materials comply with laws and professional requirements applicable to Client.
Unless expressly agreed otherwise in writing, WeCapture Dental does not act as Client's legal counsel, compliance officer, or healthcare regulatory advisor.
Client shall not provide protected health information or other regulated information to WeCapture Dental through a system or workflow not approved for that purpose.
WeCapture Dental provides strategy, creative services, technology, marketing services, and growth support designed to assist Client's business objectives. However, business and marketing outcomes depend upon numerous factors outside WeCapture Dental's control.
Accordingly, WeCapture Dental does not guarantee any specific number of leads, patients, appointments, sales, conversions, impressions, website visitors, search-engine rankings, reviews, followers, revenue, profit, return on advertising spend, return on investment, valuation, or other business result unless a specific guarantee is expressly stated in a separately executed written agreement.
KPIs, forecasts, projections, targets, benchmarks, and growth goals are planning and measurement tools and do not constitute guarantees.
Failure to achieve a desired KPI, revenue goal, growth target, or other anticipated result does not, by itself, constitute a breach of these Terms.
Certain services depend upon third-party platforms and providers, including search engines, social networks, advertising platforms, hosting companies, domain registrars, software providers, CRM platforms, review platforms, analytics providers, artificial intelligence services, and other technology vendors.
WeCapture Dental does not control these third parties and is not responsible for platform outages, suspensions, algorithm changes, policy changes, account restrictions, rejected advertisements, data loss, service interruptions, software defects, security incidents attributable to third parties, or changes made by those providers.
Third-party subscription, advertising, domain, hosting, software, licensing, or platform fees are Client's responsibility unless expressly included in writing.
Media production dates require the reservation of production personnel, equipment, contractors, travel, and other resources.
If Client cancels or requests to reschedule a confirmed media production or filming date within seventy-two (72) hours of the scheduled start time, amounts paid or due for the scheduled production shall remain non-refundable, and Client may remain responsible for the full contracted production amount together with any non-refundable travel, contractor, location, equipment, or other expenses incurred.
A new production date may require an additional rescheduling or production fee.
Cancellations or rescheduling requests made more than seventy-two (72) hours before the scheduled production will be handled according to the applicable proposal, invoice, or written agreement.
Client is responsible for providing reasonable access to locations, personnel, equipment, permissions, releases, patients or participants where applicable, and other resources reasonably necessary to complete the agreed work.
WeCapture Dental is not responsible for reductions in production quality, quantity, or deliverables resulting from unavailable Client personnel, restricted areas, lack of cooperation, location limitations, insufficient preparation, delayed access, missing permissions, or other circumstances outside WeCapture Dental's reasonable control.
Any production date, launch date, delivery estimate, development schedule, or project timeline provided by WeCapture Dental is based upon the information and circumstances reasonably available when the timeline is established.
Timelines may be revised by written agreement between WeCapture Dental and Client.
Client delays—including delayed approvals, feedback, content, credentials, access, payments, information, or decision-making—may automatically extend corresponding project deadlines by a reasonable period.
Changes to scope, revisions beyond the agreed scope, new Client requests, technical complications, platform limitations, third-party delays, or other material changes may also require timeline adjustments.
WeCapture Dental shall not be responsible for delays, interruptions, inability to perform, or changes in deliverables resulting from circumstances beyond its reasonable control, including severe weather, natural disasters, fire, flood, accidents, illness, emergencies, transportation disruptions, government actions, power failures, internet or telecommunications failures, labor disruptions, venue restrictions, equipment failures despite reasonable precautions, third-party platform outages, contractor emergencies, or similar events.
Where reasonably possible, WeCapture Dental will work with Client to reschedule or adjust affected services.
Unless otherwise specified in writing, revisions are limited to those reasonably contemplated within the purchased scope.
Requests that materially change an approved concept, strategy, website structure, campaign, video, design, or other deliverable may be treated as additional scope.
Additional revisions, additional production, re-shoots, redevelopment, or work requested after final approval may require additional fees and an updated timeline.
No material expansion of the contracted scope is binding upon WeCapture Dental unless agreed to in writing.
Client acknowledges that timely communication, approvals, access, information, and feedback are necessary to complete projects efficiently.
If a project becomes inactive because Client fails to provide required information, approvals, payment, access, or communication, WeCapture Dental may pause the project, adjust the timeline, reallocate production resources, or close the applicable project phase.
The four-day approval provision applies independently to deliverables that have been affirmatively submitted for Client review.
Reactivation of a substantially delayed or closed project may be subject to availability, updated scheduling, and additional fees where additional work or resource allocation is required.
To the fullest extent permitted by applicable law, WeCapture Dental shall not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages, or for loss of profits, revenue, business opportunities, goodwill, anticipated savings, customers, patients, data, or business interruption arising from or related to the services.
To the fullest extent permitted by law, WeCapture Dental's aggregate liability arising from a particular engagement shall not exceed the amounts actually paid by Client to WeCapture Dental for the services giving rise to the claim during the three (3) months immediately preceding the event giving rise to the claim.
Nothing in these Terms limits liability to the extent such liability cannot legally be limited or excluded.
Unless otherwise agreed in writing or prohibited by applicable law, WeCapture Dental may display non-confidential final work created for Client in its portfolio, website, presentations, case studies, social media, sales materials, award submissions, or other promotional materials.
WeCapture Dental will not knowingly disclose protected health information or confidential Client information through such use.
Where patient or individual likenesses are involved, Client remains responsible for obtaining any releases or permissions required from individuals supplied or coordinated by Client unless WeCapture Dental expressly assumes that responsibility in writing.
Each party agrees to use reasonable care to protect confidential business information received from the other party and not to disclose such information except as reasonably necessary to perform the services, operate the business relationship, comply with law, or as otherwise authorized.
Confidential information does not include information that is publicly available through no breach of these Terms, independently developed without use of confidential information, or lawfully obtained from another source without confidentiality restrictions.
WeCapture Dental may suspend services for overdue undisputed payments, material breach of these Terms, unlawful or abusive use of services, failure to provide required access or cooperation, or other circumstances that materially prevent WeCapture Dental from performing the engagement.
Termination does not eliminate Client's obligation to pay amounts already earned, amounts due for completed work, committed non-cancellable expenses, or other amounts that remain payable under the applicable agreement.
Recurring or month-to-month services are subject to the cancellation requirements specified in the applicable proposal, agreement, or invoice.
Except where otherwise expressly agreed in writing or required by applicable law, payments made to WeCapture Dental are non-refundable once the applicable service period has begun, production resources have been reserved, or work has commenced.
Dissatisfaction with business performance, marketing results, lead volume, revenue, search rankings, advertising performance, or another outcome that was not expressly guaranteed does not independently create a right to a refund.
WeCapture Dental provides marketing, creative, technology, media, and business support services. WeCapture Dental does not provide legal, tax, accounting, medical, or regulatory advice through its ordinary services.
Client should consult qualified professionals regarding legal compliance, accessibility obligations, healthcare regulations, intellectual-property rights, tax matters, or other professional requirements applicable to Client.
Deliverables, production methods, technology, workflows, platforms, or timelines may be modified where reasonably necessary due to project requirements, technical limitations, third-party changes, availability, or mutual agreement.
Material changes to the agreed scope that affect pricing or core deliverables will be documented in writing.
These Terms and any dispute arising from or relating to them shall be governed by the laws of the State of New York, without regard to conflict-of-law principles.
To the extent permitted by applicable law and unless otherwise provided in a separately executed agreement, the parties consent to the exclusive jurisdiction of the state and federal courts located in New York, New York for disputes arising from or relating to these Terms.
If any provision of these Terms is determined to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain in full force and effect.
A party's failure or delay in enforcing any provision of these Terms shall not constitute a waiver of that provision or of the right to enforce it later.
These Terms, together with the applicable proposal, invoice, statement of work, and any separately executed agreement, constitute the agreement between the parties concerning the applicable services and supersede prior discussions concerning the same subject matter.
Material modifications to a specific Client's scope, pricing, or contractual obligations must be agreed to in writing by authorized representatives of the parties.
Client agrees that electronic acceptance, electronic signatures, online approvals, invoice payments, and other electronic records may be used in connection with the parties' relationship and, to the extent permitted by applicable law, shall have the same effect as corresponding paper records or signatures.
By submitting payment, approving a proposal, signing an agreement, or continuing to engage WeCapture Dental after being provided access to these Terms, Client acknowledges acceptance of these Terms.