Sign Up
Menu

Terms & Conditions

Effective Date: February 10, 2025 Last Updated: February 10, 2025

These Terms & Conditions (“Agreement”) govern your use of the services provided by Dental Website ADA (“Company,” “we,” “us,” or “our”). By signing up for and using our services, you (“Customer,” “you,” or “your”) agree to be bound by this Agreement. If you do not agree to these terms, do not use our services.

1. Services

1.1 Service Packages

We offer the following service packages:

  • ADA Package: ADA website accessibility support powered by accessiBe, providing an AI-powered accessibility overlay with automated monitoring for your website(s). This service does not modify your website’s source code.
  • Complete Package: ADA website accessibility support plus HIPAA-compliant email hosting powered by Hushmail.
  • HIPAA Package: HIPAA-compliant email hosting powered by Hushmail.

1.2 Third-Party Service Providers

Our services are delivered through established third-party providers, including accessiBe for website accessibility support and Hushmail for HIPAA-compliant email. Your use of these services is also subject to the respective terms of service and privacy policies of each provider. We act as an authorized reseller and service manager, handling setup, configuration, and ongoing account management on your behalf.

1.3 Scope of Services

Services include setup, configuration, and ongoing management of the products included in your selected package. We handle the technical implementation so you can focus on your practice. We reserve the right to modify, update, or improve our service offerings at any time. Material changes to your active package will be communicated to you in advance.

1.4 Service Availability

Service uptime and availability are dependent on our third-party providers. We are not liable for downtime or service disruptions caused by accessiBe, Hushmail, or any other third-party provider, nor for circumstances beyond our reasonable control including acts of God, internet service provider failures, or infrastructure outages.

2. Account Registration & Licensing

2.1 Account Information

You agree to provide accurate, current, and complete information during the registration process and to keep your account information updated. You are responsible for maintaining the confidentiality of your account credentials.

2.2 Account Security

You are responsible for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your account credentials.

2.3 Licensing

Each ADA accessibility license covers a single website (domain). If you operate multiple websites, each website requires its own license. A single account may hold multiple website licenses — this includes Dental Service Organizations (DSOs) and multi-location practices managing several websites under one account.

2.4 License Transferability

Licenses are tied to the domain specified at the time of setup. If you wish to transfer a license to a different domain, you must contact us to update your account. License transfers are subject to our approval.

3. Billing & Payment

3.1 Pricing

Pricing is determined by your selected package, billing cycle (monthly or yearly), and the number of website licenses and/or email addresses included in your plan. Current pricing is available on our website and is confirmed at the time of purchase.

3.2 Setup Fee

A one-time setup fee may be charged at the time of account creation. The setup fee is non-refundable once services have been initiated. Promotional codes may waive or reduce the setup fee at our discretion.

3.3 Billing Cycle

Recurring charges are billed in advance on a monthly or yearly basis, depending on the billing cycle selected at signup. Your billing cycle begins on the date of your initial purchase.

3.4 Payment Method

Payment is processed via credit card through our third-party payment processor (Stripe). By providing your payment information, you authorize us to charge your card for all fees associated with your account. You are responsible for keeping your payment information current.

3.5 Failed Payments

If a payment fails, we will attempt to process the charge again. If payment cannot be collected after reasonable attempts, we reserve the right to suspend or terminate your services. You remain responsible for all unpaid fees.

3.6 Price Changes

We reserve the right to change our pricing at any time. Price changes for existing customers will take effect at the start of the next billing cycle following at least 30 days’ written notice.

3.7 Taxes

All prices are exclusive of applicable taxes unless stated otherwise. You are responsible for any applicable sales tax, use tax, VAT, or similar taxes imposed by any jurisdiction.

4. ADA Website Compliance Services (ADA & Complete Packages)

4.1 Website Credentials

To install the accessibility overlay on your website(s), you may need to provide website login credentials, hosting provider information, or domain access. These credentials are used solely to add the overlay script to your site — we do not modify your website’s design, content, or functionality. You are responsible for ensuring the credentials you provide are accurate and that we have the access required to complete the installation.

4.2 Nature of Accessibility Service

Our ADA accessibility service uses accessiBe’s AI-powered overlay technology to improve the accessibility of your website for visitors with disabilities. This service operates as a software overlay added to your website. It does not modify, edit, or remediate your website’s underlying source code, HTML, CSS, or content. The overlay provides assistive features such as screen reader adjustments, keyboard navigation enhancements, color contrast controls, and other user-facing accessibility tools.

4.3 Limitations of Overlay-Based Accessibility

While the accessiBe overlay helps address many common accessibility barriers and supports compliance with Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards, no overlay or automated tool can guarantee complete compliance with all accessibility standards or immunity from accessibility-related claims or lawsuits. Structural accessibility issues in your website’s underlying code (such as missing alternative text, heading hierarchy, semantic markup, or form labeling) are not corrected at the source code level by this service. Accessibility compliance is influenced by your website’s content, structure, and ongoing changes made outside of our services.

4.4 Your Website

You retain full ownership and control of your website, its content, domain, and hosting. We do not develop, design, host, or manage your website — our service is limited to implementing and managing the accessiBe accessibility overlay. We do not access, edit, or modify your website’s source code, theme files, or content. You are solely responsible for your website’s content, functionality, and compliance with all applicable laws beyond the scope of the overlay.

4.5 Changes to Your Website

If changes to your website (such as a platform migration, domain change, or significant redesign) affect the accessibility service, you agree to notify us so we can update the configuration as needed. We are not responsible for service disruptions caused by unnotified changes to your website.

5. Email Services (Complete & HIPAA Packages)

5.1 HIPAA Compliance

Our email hosting services are delivered through Hushmail, which is designed to meet HIPAA requirements for electronic Protected Health Information (ePHI). A Business Associate Agreement (BAA) is provided through Hushmail as part of the service. HIPAA compliance is a shared responsibility — you are responsible for using the email service in accordance with HIPAA regulations, including proper handling of patient information.

5.2 Email Usage

Email accounts are provided for professional business use related to your dental practice. You agree not to use the email service for sending unsolicited commercial email (spam), distributing malware, or any other unlawful purpose.

5.3 Email Storage & Retention

Email storage is subject to the limits set by Hushmail. You are responsible for maintaining your own email backups and records retention policies in accordance with applicable laws and regulations.

6. Customer Responsibilities

6.1 Cooperation

You agree to cooperate with us in a timely manner, including providing requested information, credentials, and approvals necessary for us to set up and manage your services.

6.2 Acceptable Use

You agree not to use our services to:

  • Violate any applicable local, state, national, or international law or regulation.
  • Transmit any material that is defamatory, obscene, fraudulent, or otherwise objectionable.
  • Distribute viruses, malware, or any other harmful computer code.
  • Attempt to gain unauthorized access to our systems or the systems of others.
  • Interfere with the proper functioning of our services or infrastructure.

6.3 Compliance with Laws

You are responsible for complying with all laws and regulations applicable to your dental practice, including but not limited to HIPAA, state dental board regulations, and advertising regulations. Our services are tools to assist you with accessibility and email compliance, but compliance ultimately remains your responsibility.

7. Confidentiality

7.1 Confidential Information

Each party agrees to maintain the confidentiality of the other party’s confidential information. Confidential information includes but is not limited to business plans, customer data, technical data, login credentials, and financial information.

7.2 Exceptions

Confidentiality obligations do not apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was already known to the receiving party prior to disclosure; (c) is independently developed by the receiving party; or (d) is required to be disclosed by law or court order.

7.3 Credential Security

We employ industry-standard encryption to store your website and hosting credentials. Access to stored credentials is restricted to authorized personnel only.

8. Term & Termination

8.1 Term

This Agreement begins when you create your account and continues for the duration of your selected billing cycle. It automatically renews for successive periods of the same duration unless terminated by either party.

8.2 Cancellation by You

You may cancel your account at any time by contacting us in writing (email is acceptable). Cancellation takes effect at the end of the current billing cycle. No refunds are provided for the unused portion of a billing cycle.

8.3 Termination by Us

We may terminate or suspend your account immediately if you: (a) breach any term of this Agreement; (b) fail to pay fees when due; (c) engage in fraudulent or illegal activity; or (d) use our services in a manner that poses a security risk or could harm other customers.

8.4 Effect of Termination

Upon termination: (a) your access to all managed services will cease; (b) accessibility services will be removed from your website(s); (c) email accounts will be subject to Hushmail’s termination policies; (d) any outstanding fees remain payable.

9. Limitation of Liability

9.1 Disclaimer of Warranties

OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR SERVICES, OR THE THIRD-PARTY SERVICES WE RESELL, WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

9.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM.

9.3 Exclusion of Damages

IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.4 Third-Party Services

WE ARE NOT LIABLE FOR ANY DAMAGES, LOSSES, OR CLAIMS ARISING FROM THE PERFORMANCE, FAILURE, OR DISCONTINUATION OF THIRD-PARTY SERVICES INCLUDING ACCESSIBE AND HUSHMAIL. YOUR USE OF THESE SERVICES IS SUBJECT TO THEIR RESPECTIVE TERMS AND CONDITIONS.

10. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of our services; (b) your violation of this Agreement; (c) your violation of any applicable law or regulation; (d) any content on your website; or (e) any third-party claims related to your dental practice.

11. Dispute Resolution

11.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the state in which the Company is incorporated, without regard to its conflict of laws provisions.

11.2 Informal Resolution

Before filing any formal legal action, you agree to first attempt to resolve any dispute informally by contacting us. We will work in good faith to resolve the matter within 30 days.

11.3 Arbitration

Any dispute that cannot be resolved informally shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitrator’s decision shall be final and binding.

11.4 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted on an individual basis and not as part of a class, consolidated, or representative action.

12. General Provisions

12.1 Entire Agreement

This Agreement constitutes the entire agreement between you and the Company regarding the subject matter hereof and supersedes all prior agreements, understandings, and communications, whether written or oral.

12.2 Amendments

We reserve the right to update or modify this Agreement at any time. Material changes will be communicated to you via email or through a notice on our website at least 30 days before they take effect. Your continued use of our services after the effective date of any changes constitutes acceptance of the modified Agreement.

12.3 Severability

If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

12.4 Waiver

The failure of either party to enforce any right or provision of this Agreement shall not constitute a waiver of that right or provision.

12.5 Assignment

You may not assign or transfer this Agreement or any rights or obligations hereunder without our prior written consent. We may assign this Agreement without restriction.

12.6 Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations where such failure or delay results from circumstances beyond the party’s reasonable control, including but not limited to natural disasters, pandemics, acts of government, internet or utility failures, or cyberattacks.

12.7 Notices

All notices under this Agreement shall be in writing and delivered via email to the contact information on file for your account, or to our contact email as published on our website.

12.8 Relationship of Parties

Nothing in this Agreement creates a partnership, joint venture, agency, or employment relationship between the parties. We are an independent contractor providing services to you.

13. Contact Us

If you have any questions about these Terms & Conditions, please contact us through the contact information provided on our website.