DocOwned Terms and Conditions
Effective Date: July 01, 2026
Last Updated: July 01, 2026
These Terms and Conditions (“Terms”) form a legally binding agreement between DocOwned, LLC, including its affiliates, subsidiaries, contractors, licensors, and service providers where applicable (“DocOwned,” “we,” “us,” or “our”), and the doctor, healthcare professional, medical practice, business, organization, or other person accepting these Terms (“Client,” “you,” or “your”).
These Terms govern your access to and use of DocOwned’s websites, software, dashboards, monitoring tools, doctor websites, reputation-management tools, subscriptions, products, professional services, and related offerings collectively referred to as the “Services.”
By creating an account, checking a box indicating acceptance, signing an order form, submitting payment, accessing a DocOwned dashboard, using a DocOwned-created website, or otherwise using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and the DocOwned Privacy Policy.
If you accept these Terms for a medical practice, company, professional organization, or other legal entity, you represent that you have authority to bind that entity.
If you do not agree to these Terms, do not create an account, purchase a subscription, or use the Services.
1. DocOwned Services
DocOwned provides technology, professional identity, website, reputation-monitoring, brand-management, and related services for doctors and healthcare professionals.
Depending on the subscription, order form, proposal, or service package selected, the Services may include:
- A personal professional website;
- A doctor profile;
- A brand-reputation dashboard or login;
- Public-profile monitoring;
- Review and rating monitoring;
- Search-result monitoring;
- Professional identity monitoring;
- Online mention alerts;
- Reputation-risk assessments;
- Informational reputation or identity scores;
- Profile and directory monitoring;
- Artificial-intelligence-assisted content or response drafts;
- Website hosting and maintenance;
- Domain-name assistance;
- Search-engine optimization support;
- Website analytics;
- Brand or professional identity guidance;
- Crisis-response templates;
- Legal or public-relations resource referrals; and
- Other services described in an applicable order form or subscription plan.
The specific Services included in your subscription are determined by the plan, proposal, checkout page, statement of work, or order form accepted by you.
2. DocShield Subscription
A Client enrolled in a DocShield subscription receives, subject to the selected plan and these Terms:
- A personal professional website for the doctor; and
- Access to a private brand-reputation account, dashboard, or login.
The personal professional website may include content such as:
- The doctor’s name and credentials;
- A professional biography;
- Specialty and areas of expertise;
- Education and training;
- Practice information;
- Professional photographs;
- Practice contact information;
- Professional achievements;
- Links to practice or professional resources;
- Publicly available professional information; and
- Other approved content.
The brand-reputation login may provide access to available monitoring results, alerts, reports, recommendations, templates, risk indicators, online mentions, public-profile information, and other features included in the selected DocShield plan.
Features, monitoring sources, data providers, and dashboard functions may vary by plan and may change as technology, vendors, public platforms, and data availability change.
3. Eligibility and Professional Use
You must be at least 18 years old and legally able to enter into a binding agreement.
The Services are intended for legitimate professional and business purposes. You represent that:
- Information you provide is accurate and not misleading;
- You have authority to provide all submitted content;
- You will use the Services lawfully;
- You will not impersonate another person;
- You will not use the Services to deceive patients or the public;
- You hold or lawfully use any claimed professional credentials;
- You will promptly correct materially inaccurate account or profile information; and
- Your use of the Services will not violate professional, licensing, advertising, privacy, intellectual-property, or healthcare laws.
DocOwned may request reasonable documentation to verify identity, professional credentials, practice affiliation, or authority to act for an organization.
4. Account Registration and Security
Certain Services require an account.
You agree to:
- Provide complete and accurate registration information;
- Maintain current account and billing information;
- Protect your username, password, and authentication credentials;
- Restrict account access to authorized persons;
- Notify DocOwned promptly of suspected unauthorized access;
- Accept responsibility for activity occurring through your account; and
- Use reasonable security measures when accessing the Services.
You may not sell, lease, sublicense, transfer, or share account access with an unauthorized third party.
DocOwned may require password changes, multifactor authentication, identity verification, or other security measures.
DocOwned is not responsible for losses resulting from your failure to protect login credentials, except to the extent caused directly by DocOwned’s failure to use legally required security measures.
5. Client Content and Information
“Client Content” means content provided, uploaded, selected, approved, or authorized by you, including:
- Names and credentials;
- Biographical information;
- Professional photographs;
- Logos and trademarks;
- Practice information;
- Articles and educational content;
- Videos;
- Testimonials;
- Contact information;
- Website copy;
- Social-media links;
- Documents;
- Instructions; and
- Other materials.
You retain ownership of Client Content that you owned before providing it to DocOwned.
You grant DocOwned a nonexclusive, worldwide, royalty-free license during the term of the Services to host, reproduce, edit, format, display, transmit, back up, and otherwise use Client Content as reasonably necessary to:
- Build and operate your website;
- Create or maintain your profile;
- Provide the Services;
- Implement your instructions;
- Promote the Services when separately authorized;
- Maintain security and backups; and
- Comply with legal obligations.
You represent and warrant that:
- You own the Client Content or have permission to use it;
- The Client Content does not infringe another person’s rights;
- The Client Content is accurate to the best of your knowledge;
- Required patient or third-party permissions have been obtained;
- The content complies with professional advertising rules; and
- Providing the content to DocOwned does not violate any agreement or law.
6. Patient Information and Protected Health Information
The Services are not intended to function as an electronic health record, patient portal, clinical system, or repository for patient medical records.
Unless DocOwned expressly authorizes the use in writing and the parties execute any legally required agreement, you must not upload or submit:
- Protected health information;
- Patient medical records;
- Patient-identifying photographs;
- Clinical records;
- Insurance information;
- Treatment information; or
- Other patient-identifying information.
You are solely responsible for obtaining legally sufficient patient authorizations before submitting or publishing any patient testimonial, photograph, case description, or other patient-related content.
Use of the Services by a doctor or medical practice does not automatically make DocOwned a business associate under the Health Insurance Portability and Accountability Act.
7. Public Profiles and Websites
You may choose to make eligible profile or website information publicly accessible.
By approving publication, you authorize DocOwned to publish the selected information. Public information may be viewed, indexed, cached, archived, copied, or shared by search engines and third parties.
You are responsible for reviewing and approving public-facing content for:
- Accuracy;
- Professional compliance;
- Licensing compliance;
- Advertising compliance;
- Patient privacy;
- Intellectual-property permissions; and
- Required disclaimers.
DocOwned may refuse to publish or may remove content that it reasonably believes is unlawful, misleading, defamatory, infringing, unsafe, professionally inappropriate, or inconsistent with these Terms.
DocOwned does not guarantee that public content will be immediately removed from search engines, caches, archives, directories, or third-party websites after it is removed from a DocOwned-hosted website.
8. Website Development and Approval
If your subscription includes a website, DocOwned may design, configure, host, update, or maintain the website according to the applicable plan or statement of work.
You agree to provide requested materials, approvals, access, and feedback in a reasonably timely manner.
Unless otherwise stated in writing:
- Website timelines are estimates;
- Delays caused by missing Client Content or approvals extend the schedule;
- A website may use templates, shared components, plugins, themes, libraries, or third-party software;
- DocOwned may select the hosting environment and technical architecture;
- Features outside the selected plan may require additional fees;
- Material redesigns or revisions beyond the included scope may be separately billed; and
- You are responsible for final review and approval before publication.
Your approval may be established through email, dashboard approval, publication instructions, written approval, or continued use after notice that the website is ready.
9. Website Ownership and License
A. Client-Owned Materials
You retain ownership of Client Content, logos, trademarks, photographs, and other original materials you owned before providing them to DocOwned.
B. Custom Website Content
Upon full payment of all amounts owed, you may use website copy, graphics, layouts, and other deliverables created specifically and exclusively for your website, subject to the exclusions below.
C. DocOwned Technology and Reusable Materials
DocOwned retains all rights in its preexisting and reusable materials, including:
- Software;
- Source code;
- SaaS platform technology;
- Dashboard technology;
- Monitoring systems;
- Algorithms;
- Artificial-intelligence prompts and workflows;
- Templates;
- Website frameworks;
- Reusable layouts;
- Libraries;
- Plugins;
- Processes;
- Methods;
- Documentation;
- Know-how;
- Internal tools;
- Design systems; and
- General components used for multiple clients.
No ownership of the DocOwned platform, dashboard, software, monitoring technology, or proprietary systems transfers to you.
D. Third-Party Materials
Third-party themes, plugins, fonts, stock photographs, software, APIs, hosting services, and licensed materials remain subject to their owners’ terms and may not be transferable.
Your use of third-party materials after cancellation may require you to obtain or maintain separate licenses.
10. Website Files Following Cancellation
After cancellation or termination, DocOwned will make available to the Client a reasonable copy of transferable website files created specifically for the Client, provided that:
- All invoices, subscription fees, late fees, chargebacks, and other outstanding balances have been paid in full;
- The Client submits a written file-transfer request;
- The request is submitted within 60 days after the effective cancellation or termination date; and
- Transfer is legally and technically permitted.
Transferable website files may include, where reasonably available:
- Client-provided images and documents;
- Website copy;
- Exportable page content;
- Custom graphics created specifically for the Client;
- An export of the website database or content-management system;
- Exportable theme or configuration files; and
- Other custom materials identified in the applicable statement of work.
Unless expressly included in writing, the file transfer does not include:
- DocOwned’s SaaS platform;
- Brand-reputation dashboard software;
- Monitoring systems;
- Proprietary source code;
- Internal tools;
- Proprietary templates;
- Development environments;
- Other clients’ information;
- Security configurations;
- Server-level credentials;
- Nontransferable hosting accounts;
- Licenses owned by DocOwned;
- Third-party software that cannot legally be transferred;
- Third-party API credentials;
- Analytics accounts owned by DocOwned; or
- Materials not owned or controlled by DocOwned.
DocOwned may provide files in a commercially reasonable format. DocOwned does not guarantee that transferred files will function on another hosting service or technology platform without modification.
Website migration, installation, configuration, troubleshooting, or support following transfer is not included unless separately purchased.
If the Client does not request the files within 60 days after cancellation or termination, DocOwned may delete the files subject to its retention policies and legal obligations.
11. Domain Names
Domain-name ownership and control depend on how the domain is registered.
When a domain is registered in the Client’s name, the Client remains responsible for renewals, account security, registrar terms, and maintaining accurate registration information.
When DocOwned registers or administers a domain for the Client:
- The applicable order form will determine ownership;
- Domain and renewal costs may be separately billed;
- Transfer may require payment of all outstanding amounts;
- Transfer may be subject to registrar restrictions and waiting periods;
- The Client must provide an eligible registrar account for transfer; and
- DocOwned is not responsible for registrar outages, expiration caused by inaccurate Client information, or third-party domain disputes.
DocOwned does not guarantee the availability of any requested domain name.
12. Hosting and Third-Party Services
The Services may rely on third-party hosting companies, payment processors, registrars, analytics providers, monitoring services, artificial-intelligence providers, email systems, data sources, APIs, plugins, search engines, directories, review platforms, and other vendors.
Those services may be subject to separate terms and may change, discontinue features, experience outages, restrict access, modify APIs, or remove data.
DocOwned is not responsible for acts, omissions, outages, errors, policy changes, data restrictions, security incidents, or service interruptions caused by third parties outside DocOwned’s reasonable control.
DocOwned may replace a third-party provider when reasonably necessary to continue or improve the Services.
13. Subscription Term and Three-Month Minimum Commitment
Unless an order form states a longer commitment, paid DocShield and other recurring subscriptions require an initial minimum commitment of three consecutive months beginning on the subscription start date.
During the initial three-month commitment:
- Subscription fees remain due;
- Cancellation may be requested at any time;
- Cancellation will not become effective before completion of the three-month minimum term; and
- Fees already paid are nonrefundable except where required by law or expressly agreed in writing.
After the three-month minimum commitment, the subscription continues on a month-to-month basis unless the applicable order form provides another renewal period.
A Client may cancel at any time after satisfying the three-month minimum commitment.
14. Automatic Renewal
After the initial commitment, subscriptions automatically renew for successive monthly periods unless:
- The applicable order form states a different renewal period;
- The Client cancels in accordance with these Terms; or
- DocOwned terminates or declines to renew the subscription.
The payment method on file will be charged for each renewal period.
Before purchase, DocOwned will disclose the recurring charge, billing frequency, initial commitment, and cancellation method through the checkout process, proposal, or order form.
By purchasing a recurring subscription, you authorize DocOwned and its payment processor to charge the applicable recurring fees, taxes, and authorized charges to your payment method until the subscription is canceled or terminated.
15. Cancellation by the Client
A Client may submit a cancellation request through:
- The account or billing dashboard, when available;
- Email to [billing@docowned.com];
- An online cancellation form at [Cancellation URL]; or
- Another cancellation method identified on the Client’s invoice or order form.
The cancellation request must identify the Client and the affected account.
Unless otherwise required by law:
- Cancellation becomes effective at the end of the current paid billing period;
- The Client retains access through the effective cancellation date;
- Partial-month refunds or prorated refunds are not provided;
- Fees incurred before the effective cancellation date remain due;
- A cancellation request submitted during the initial three-month commitment becomes effective no earlier than the end of that commitment; and
- Simply stopping use of the Services does not cancel the subscription.
DocOwned will provide a cancellation confirmation through email, the dashboard, or another written method.
16. Fees and Payment
You agree to pay the fees specified in the applicable subscription page, proposal, order form, invoice, or statement of work.
Unless otherwise stated:
- Subscription fees are billed in advance;
- Project or setup fees may be billed in advance or according to milestones;
- Fees are stated in U.S. dollars;
- Fees do not include applicable taxes;
- You authorize recurring charges to the payment method on file;
- You are responsible for maintaining valid payment information; and
- Payment obligations are noncancelable during the applicable minimum commitment.
DocOwned may change recurring subscription fees by giving at least 30 days’ advance notice. A fee change will apply no earlier than the next renewal period after the notice period, unless you expressly agree otherwise.
Changes to taxes, payment-processing charges, third-party license fees, domain fees, advertising budgets, or services requested by you may be passed through as permitted by the applicable order form.
17. Taxes
Fees do not include sales, use, excise, value-added, withholding, or similar taxes unless expressly stated.
You are responsible for taxes associated with the Services, except taxes based on DocOwned’s net income.
If DocOwned is required to collect or remit a tax, the amount may be added to your invoice or payment.
18. Late and Failed Payments
A payment is considered late if it is not successfully received by its due date.
If a payment fails or becomes overdue, DocOwned may:
- Retry the payment method;
- Notify the Client;
- Request an updated payment method;
- Apply a late fee;
- Suspend some or all Services;
- Disable website editing or dashboard access;
- Suspend website hosting;
- Remove public access to a website or profile;
- Stop monitoring, reporting, maintenance, or support;
- Decline additional work;
- Terminate the account; and
- Use lawful collection remedies.
Unless a different amount is stated in an order form, overdue balances may accrue a late fee equal to the lesser of:
- One and one-half percent per month; or
- The maximum amount permitted by applicable law.
The Client is responsible for reasonable costs incurred in collecting an overdue balance, including collection-agency fees, court costs, and reasonable attorneys’ fees, to the extent permitted by law.
Suspension or termination for nonpayment does not eliminate the Client’s responsibility to pay amounts already earned or due.
19. Suspension and Termination for Nonpayment
DOCOWNED TERMS AND CONDITIONS
Effective Date: [Month Day, Year]
Last Updated: [Month Day, Year]
These Terms and Conditions (“Terms”) form a legally binding agreement between DocOwned, LLC, including its affiliates, subsidiaries, contractors, licensors, and service providers where applicable (“DocOwned,” “we,” “us,” or “our”), and the doctor, healthcare professional, medical practice, business, organization, or other person accepting these Terms (“Client,” “you,” or “your”).
These Terms govern your access to and use of DocOwned’s websites, software, dashboards, monitoring tools, doctor websites, reputation-management tools, subscriptions, products, professional services, and related offerings collectively referred to as the “Services.”
By creating an account, checking a box indicating acceptance, signing an order form, submitting payment, accessing a DocOwned dashboard, using a DocOwned-created website, or otherwise using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and the DocOwned Privacy Policy.
If you accept these Terms for a medical practice, company, professional organization, or other legal entity, you represent that you have authority to bind that entity.
If you do not agree to these Terms, do not create an account, purchase a subscription, or use the Services.
1. DocOwned Services
DocOwned provides technology, professional identity, website, reputation-monitoring, brand-management, and related services for doctors and healthcare professionals.
Depending on the subscription, order form, proposal, or service package selected, the Services may include:
- A personal professional website;
- A doctor profile;
- A brand-reputation dashboard or login;
- Public-profile monitoring;
- Review and rating monitoring;
- Search-result monitoring;
- Professional identity monitoring;
- Online mention alerts;
- Reputation-risk assessments;
- Informational reputation or identity scores;
- Profile and directory monitoring;
- Artificial-intelligence-assisted content or response drafts;
- Website hosting and maintenance;
- Domain-name assistance;
- Search-engine optimization support;
- Website analytics;
- Brand or professional identity guidance;
- Crisis-response templates;
- Legal or public-relations resource referrals; and
- Other services described in an applicable order form or subscription plan.
The specific Services included in your subscription are determined by the plan, proposal, checkout page, statement of work, or order form accepted by you.
2. DocShield Subscription
A Client enrolled in a DocShield subscription receives, subject to the selected plan and these Terms:
- A personal professional website for the doctor; and
- Access to a private brand-reputation account, dashboard, or login.
The personal professional website may include content such as:
- The doctor’s name and credentials;
- A professional biography;
- Specialty and areas of expertise;
- Education and training;
- Practice information;
- Professional photographs;
- Practice contact information;
- Professional achievements;
- Links to practice or professional resources;
- Publicly available professional information; and
- Other approved content.
The brand-reputation login may provide access to available monitoring results, alerts, reports, recommendations, templates, risk indicators, online mentions, public-profile information, and other features included in the selected DocShield plan.
Features, monitoring sources, data providers, and dashboard functions may vary by plan and may change as technology, vendors, public platforms, and data availability change.
3. Eligibility and Professional Use
You must be at least 18 years old and legally able to enter into a binding agreement.
The Services are intended for legitimate professional and business purposes. You represent that:
- Information you provide is accurate and not misleading;
- You have authority to provide all submitted content;
- You will use the Services lawfully;
- You will not impersonate another person;
- You will not use the Services to deceive patients or the public;
- You hold or lawfully use any claimed professional credentials;
- You will promptly correct materially inaccurate account or profile information; and
- Your use of the Services will not violate professional, licensing, advertising, privacy, intellectual-property, or healthcare laws.
DocOwned may request reasonable documentation to verify identity, professional credentials, practice affiliation, or authority to act for an organization.
4. Account Registration and Security
Certain Services require an account.
You agree to:
- Provide complete and accurate registration information;
- Maintain current account and billing information;
- Protect your username, password, and authentication credentials;
- Restrict account access to authorized persons;
- Notify DocOwned promptly of suspected unauthorized access;
- Accept responsibility for activity occurring through your account; and
- Use reasonable security measures when accessing the Services.
You may not sell, lease, sublicense, transfer, or share account access with an unauthorized third party.
DocOwned may require password changes, multifactor authentication, identity verification, or other security measures.
DocOwned is not responsible for losses resulting from your failure to protect login credentials, except to the extent caused directly by DocOwned’s failure to use legally required security measures.
5. Client Content and Information
“Client Content” means content provided, uploaded, selected, approved, or authorized by you, including:
- Names and credentials;
- Biographical information;
- Professional photographs;
- Logos and trademarks;
- Practice information;
- Articles and educational content;
- Videos;
- Testimonials;
- Contact information;
- Website copy;
- Social-media links;
- Documents;
- Instructions; and
- Other materials.
You retain ownership of Client Content that you owned before providing it to DocOwned.
You grant DocOwned a nonexclusive, worldwide, royalty-free license during the term of the Services to host, reproduce, edit, format, display, transmit, back up, and otherwise use Client Content as reasonably necessary to:
- Build and operate your website;
- Create or maintain your profile;
- Provide the Services;
- Implement your instructions;
- Promote the Services when separately authorized;
- Maintain security and backups; and
- Comply with legal obligations.
You represent and warrant that:
- You own the Client Content or have permission to use it;
- The Client Content does not infringe another person’s rights;
- The Client Content is accurate to the best of your knowledge;
- Required patient or third-party permissions have been obtained;
- The content complies with professional advertising rules; and
- Providing the content to DocOwned does not violate any agreement or law.
6. Patient Information and Protected Health Information
The Services are not intended to function as an electronic health record, patient portal, clinical system, or repository for patient medical records.
Unless DocOwned expressly authorizes the use in writing and the parties execute any legally required agreement, you must not upload or submit:
- Protected health information;
- Patient medical records;
- Patient-identifying photographs;
- Clinical records;
- Insurance information;
- Treatment information; or
- Other patient-identifying information.
You are solely responsible for obtaining legally sufficient patient authorizations before submitting or publishing any patient testimonial, photograph, case description, or other patient-related content.
Use of the Services by a doctor or medical practice does not automatically make DocOwned a business associate under the Health Insurance Portability and Accountability Act.
7. Public Profiles and Websites
You may choose to make eligible profile or website information publicly accessible.
By approving publication, you authorize DocOwned to publish the selected information. Public information may be viewed, indexed, cached, archived, copied, or shared by search engines and third parties.
You are responsible for reviewing and approving public-facing content for:
- Accuracy;
- Professional compliance;
- Licensing compliance;
- Advertising compliance;
- Patient privacy;
- Intellectual-property permissions; and
- Required disclaimers.
DocOwned may refuse to publish or may remove content that it reasonably believes is unlawful, misleading, defamatory, infringing, unsafe, professionally inappropriate, or inconsistent with these Terms.
DocOwned does not guarantee that public content will be immediately removed from search engines, caches, archives, directories, or third-party websites after it is removed from a DocOwned-hosted website.
8. Website Development and Approval
If your subscription includes a website, DocOwned may design, configure, host, update, or maintain the website according to the applicable plan or statement of work.
You agree to provide requested materials, approvals, access, and feedback in a reasonably timely manner.
Unless otherwise stated in writing:
- Website timelines are estimates;
- Delays caused by missing Client Content or approvals extend the schedule;
- A website may use templates, shared components, plugins, themes, libraries, or third-party software;
- DocOwned may select the hosting environment and technical architecture;
- Features outside the selected plan may require additional fees;
- Material redesigns or revisions beyond the included scope may be separately billed; and
- You are responsible for final review and approval before publication.
Your approval may be established through email, dashboard approval, publication instructions, written approval, or continued use after notice that the website is ready.
9. Website Ownership and License
A. Client-Owned Materials
You retain ownership of Client Content, logos, trademarks, photographs, and other original materials you owned before providing them to DocOwned.
B. Custom Website Content
Upon full payment of all amounts owed, DocOwned assigns to you all right, title, and interest in the website copy, graphics, layouts, and other deliverables created specifically and exclusively for your website, subject to the exclusions in Section 9C (DocOwned Technology and Reusable Materials). This assignment does not include any DocOwned platform technology, reusable components, or third-party materials incorporated into the deliverables, which remain governed by Sections 9C and 9D respectively.
C. DocOwned Technology and Reusable Materials
DocOwned retains all rights in its preexisting and reusable materials, including:
- Software;
- Source code;
- SaaS platform technology;
- Dashboard technology;
- Monitoring systems;
- Algorithms;
- Artificial-intelligence prompts and workflows;
- Templates;
- Website frameworks;
- Reusable layouts;
- Libraries;
- Plugins;
- Processes;
- Methods;
- Documentation;
- Know-how;
- Internal tools;
- Design systems; and
- General components used for multiple clients.
No ownership of the DocOwned platform, dashboard, software, monitoring technology, or proprietary systems transfers to you.
D. Third-Party Materials
Third-party themes, plugins, fonts, stock photographs, software, APIs, hosting services, and licensed materials remain subject to their owners’ terms and may not be transferable.
Your use of third-party materials after cancellation may require you to obtain or maintain separate licenses.
10. Website Files Following Cancellation
After cancellation or termination, DocOwned will make available to the Client a reasonable copy of transferable website files created specifically for the Client, provided that:
- All invoices, subscription fees, late fees, chargebacks, and other outstanding balances have been paid in full;
- The Client submits a written file-transfer request;
- The request is submitted within 60 days after the effective cancellation or termination date; and
- Transfer is legally and technically permitted.
Transferable website files may include, where reasonably available:
- Client-provided images and documents;
- Website copy;
- Exportable page content;
- Custom graphics created specifically for the Client;
- An export of the website database or content-management system;
- Exportable theme or configuration files; and
- Other custom materials identified in the applicable statement of work.
Unless expressly included in writing, the file transfer does not include:
- DocOwned’s SaaS platform;
- Brand-reputation dashboard software;
- Monitoring systems;
- Proprietary source code;
- Internal tools;
- Proprietary templates;
- Development environments;
- Other clients’ information;
- Security configurations;
- Server-level credentials;
- Nontransferable hosting accounts;
- Licenses owned by DocOwned;
- Third-party software that cannot legally be transferred;
- Third-party API credentials;
- Analytics accounts owned by DocOwned; or
- Materials not owned or controlled by DocOwned.
DocOwned may provide files in a commercially reasonable format. DocOwned does not guarantee that transferred files will function on another hosting service or technology platform without modification.
Website migration, installation, configuration, troubleshooting, or support following transfer is not included unless separately purchased.
If the Client does not request the files within 60 days after cancellation or termination, DocOwned may delete the files subject to its retention policies and legal obligations.
11. Domain Names
Domain-name ownership and control depend on how the domain is registered.
When a domain is registered in the Client’s name, the Client remains responsible for renewals, account security, registrar terms, and maintaining accurate registration information.
When DocOwned registers or administers a domain for the Client:
- The applicable order form will determine ownership;
- Domain and renewal costs may be separately billed;
- Transfer may require payment of all outstanding amounts;
- Transfer may be subject to registrar restrictions and waiting periods;
- The Client must provide an eligible registrar account for transfer; and
- DocOwned is not responsible for registrar outages, expiration caused by inaccurate Client information, or third-party domain disputes.
DocOwned does not guarantee the availability of any requested domain name.
12. Hosting and Third-Party Services
The Services may rely on third-party hosting companies, payment processors, registrars, analytics providers, monitoring services, artificial-intelligence providers, email systems, data sources, APIs, plugins, search engines, directories, review platforms, and other vendors.
Those services may be subject to separate terms and may change, discontinue features, experience outages, restrict access, modify APIs, or remove data.
DocOwned is not responsible for acts, omissions, outages, errors, policy changes, data restrictions, security incidents, or service interruptions caused by third parties outside DocOwned’s reasonable control.
DocOwned may replace a third-party provider when reasonably necessary to continue or improve the Services.
13. Subscription Term and Three-Month Minimum Commitment
Unless an order form states a longer commitment, paid DocShield and other recurring subscriptions require an initial minimum commitment of three consecutive months beginning on the subscription start date.
During the initial three-month commitment:
- Subscription fees remain due;
- Cancellation may be requested at any time;
- Cancellation will not become effective before completion of the three-month minimum term; and
- Fees already paid are nonrefundable except where required by law or expressly agreed in writing.
After the three-month minimum commitment, the subscription continues on a month-to-month basis unless the applicable order form provides another renewal period.
A Client may cancel at any time after satisfying the three-month minimum commitment.
14. Automatic Renewal
After the initial commitment, subscriptions automatically renew for successive monthly periods unless:
- The applicable order form states a different renewal period;
- The Client cancels in accordance with these Terms; or
- DocOwned terminates or declines to renew the subscription.
The payment method on file will be charged for each renewal period.
Before purchase, DocOwned will disclose the recurring charge, billing frequency, initial commitment, and cancellation method through the checkout process, proposal, or order form.
By purchasing a recurring subscription, you authorize DocOwned and its payment processor to charge the applicable recurring fees, taxes, and authorized charges to your payment method until the subscription is canceled or terminated.
15. Cancellation by the Client
A Client may submit a cancellation request through:
- The account or billing dashboard, when available;
- Email to [billing@docowned.com];
- An online cancellation form at [Cancellation URL]; or
- Another cancellation method identified on the Client’s invoice or order form.
The cancellation request must identify the Client and the affected account.
Unless otherwise required by law:
- Cancellation becomes effective at the end of the current paid billing period;
- The Client retains access through the effective cancellation date;
- Partial-month refunds or prorated refunds are not provided;
- Fees incurred before the effective cancellation date remain due;
- A cancellation request submitted during the initial three-month commitment becomes effective no earlier than the end of that commitment; and
- Simply stopping use of the Services does not cancel the subscription.
DocOwned will provide a cancellation confirmation through email, the dashboard, or another written method.
16. Fees and Payment
You agree to pay the fees specified in the applicable subscription page, proposal, order form, invoice, or statement of work.
Unless otherwise stated:
- Subscription fees are billed in advance;
- Project or setup fees may be billed in advance or according to milestones;
- Fees are stated in U.S. dollars;
- Fees do not include applicable taxes;
- You authorize recurring charges to the payment method on file;
- You are responsible for maintaining valid payment information; and
- Payment obligations are noncancelable during the applicable minimum commitment.
DocOwned may change recurring subscription fees by giving at least 30 days’ advance notice. A fee change will apply no earlier than the next renewal period after the notice period, unless you expressly agree otherwise.
Changes to taxes, payment-processing charges, third-party license fees, domain fees, advertising budgets, or services requested by you may be passed through as permitted by the applicable order form.
17. Taxes
Fees do not include sales, use, excise, value-added, withholding, or similar taxes unless expressly stated.
You are responsible for taxes associated with the Services, except taxes based on DocOwned’s net income.
If DocOwned is required to collect or remit a tax, the amount may be added to your invoice or payment.
18. Late and Failed Payments
A payment is considered late if it is not successfully received by its due date.
If a payment fails or becomes overdue, DocOwned may:
- Retry the payment method;
- Notify the Client;
- Request an updated payment method;
- Apply a late fee;
- Suspend some or all Services;
- Disable website editing or dashboard access;
- Suspend website hosting;
- Remove public access to a website or profile;
- Stop monitoring, reporting, maintenance, or support;
- Decline additional work;
- Terminate the account; and
- Use lawful collection remedies.
Unless a different amount is stated in an order form, overdue balances may accrue a late fee equal to the lesser of:
- One and one-half percent per month; or
- The maximum amount permitted by applicable law.
The Client is responsible for reasonable costs incurred in collecting an overdue balance, including collection-agency fees, court costs, and reasonable attorneys’ fees, to the extent permitted by law.
Suspension or termination for nonpayment does not eliminate the Client’s responsibility to pay amounts already earned or due.
19. Suspension and Termination for Nonpayment
DocOwned may suspend Services if a payment remains unpaid for more than [7] calendar days after notice of the failed or overdue payment.
DocOwned may terminate the Services if payment remains unpaid for more than [21] calendar days after notice, or sooner when:
- The payment method is fraudulent;
- A chargeback is filed in bad faith;
- Repeated payments fail;
- The Client refuses to provide valid billing information; or
- Continued service presents a material financial or security risk.
During suspension:
- The website may become unavailable;
- Public profiles may be disabled;
- Monitoring may stop;
- Alerts and reports may not be generated;
- Dashboard access may be restricted; and
- Data or content may not be updated.
DocOwned is not responsible for reputational harm, lost inquiries, lost business, search-ranking changes, or other consequences resulting from a suspension or termination caused by nonpayment.
Reactivation may require payment of all past-due amounts, a reactivation fee, updated payment information, and advance payment for future Services.
20. Chargebacks and Payment Disputes
Before initiating a chargeback, the Client agrees to contact DocOwned at [billing@docowned.com] and provide a reasonable opportunity to investigate and address the disputed charge.
A chargeback does not constitute cancellation.
DocOwned may suspend or terminate Services following a chargeback. If a chargeback is rejected or reversed, the Client remains responsible for the original charge and any reasonable chargeback, collection, or administrative fees permitted by law.
This section does not prevent a Client from exercising rights provided by applicable payment-card rules or law.
21. Refunds
Unless otherwise stated in writing or required by law:
- Setup fees are nonrefundable after work begins;
- Subscription fees are nonrefundable after the applicable billing period begins;
- Fees for completed work are nonrefundable;
- Domain, hosting, advertising, software-license, and third-party costs are nonrefundable;
- Unused time is not credited or refunded;
- Cancellation does not create a retroactive refund; and
- Dissatisfaction with public reviews, search results, third-party content, rankings, or monitoring data does not create a right to a refund.
DocOwned may issue a refund or credit at its discretion. A discretionary refund does not create an obligation to provide future refunds.
22. Termination by DocOwned
DocOwned may suspend or terminate your account or Services if:
- You materially breach these Terms;
- You fail to pay amounts due;
- You use the Services unlawfully;
- You provide false or misleading information;
- You misuse another person’s identity;
- You submit infringing, defamatory, fraudulent, or harmful content;
- You compromise platform security;
- You abuse DocOwned personnel or systems;
- Your use creates legal, regulatory, security, or reputational risk;
- A third-party provider prevents continued service;
- Continued service is commercially or technically impracticable; or
- DocOwned discontinues the applicable Service.
When reasonably practical, DocOwned will provide notice and an opportunity to correct a curable breach. Immediate suspension or termination may occur when necessary to address fraud, security threats, unlawful conduct, nonpayment, professional misrepresentation, or risk of harm.
If DocOwned terminates a fully paid account for convenience rather than Client breach, DocOwned may provide a prorated refund of prepaid subscription fees covering the unused period after termination.
23. Effects of Cancellation or Termination
Upon the effective date of cancellation or termination:
- The Client’s right to use the Services ends;
- Dashboard access may be disabled;
- Monitoring and alerts stop;
- Website hosting and maintenance may stop;
- Public profiles may be unpublished;
- Outstanding balances become immediately due;
- DocOwned may retain information as permitted by its Privacy Policy;
- Licenses granted to the Client under these Terms end except as expressly stated;
- DocOwned may delete account information after the applicable retention period; and
- Sections intended by their nature to survive will remain effective.
The Client is responsible for arranging replacement hosting, domain management, website maintenance, reputation monitoring, email services, and other services before the cancellation date.
DocOwned is not responsible for interruption or loss resulting from the Client’s failure to arrange replacement services.
24. Acceptable Use
You may not use the Services to:
- Violate any law or regulation;
- Misrepresent professional credentials;
- Impersonate another person;
- Publish false, deceptive, or misleading claims;
- Defame, harass, threaten, or harm another person;
- Infringe copyrights, trademarks, privacy rights, or other rights;
- Upload malicious code;
- Probe, scan, or test system vulnerabilities without authorization;
- Circumvent account restrictions or security controls;
- Scrape, copy, reverse engineer, or extract platform data without authorization;
- Resell or sublicense the Services;
- Interfere with platform operation;
- Generate fraudulent reviews;
- Suppress or manipulate lawful reviews through prohibited means;
- Violate a review platform’s terms;
- Use patient information without proper authorization;
- Send spam or unlawful messages;
- Train competing artificial-intelligence or machine-learning systems using DocOwned content or output; or
- Use the Services in a way that could damage DocOwned, its clients, or third parties.
DocOwned may investigate suspected violations and cooperate with lawful governmental requests.
25. Reputation and Monitoring Services
DocOwned monitors or analyzes information that may originate from public websites, search engines, directories, review platforms, social networks, government databases, news sources, and third-party vendors.
You acknowledge that:
- DocOwned does not control third-party content;
- Monitoring may not identify every mention, review, listing, or risk;
- Data may be delayed, incomplete, duplicated, inaccurate, or unavailable;
- Third-party platforms may change access or remove information;
- Sentiment and risk scores are informational estimates;
- Automated summaries may contain errors;
- DocOwned cannot guarantee removal of negative content;
- DocOwned cannot guarantee review-platform decisions;
- DocOwned cannot guarantee search rankings;
- DocOwned cannot guarantee a particular reputation outcome; and
- You remain responsible for reviewing information before acting on it.
DocOwned does not determine medical competence, professional fitness, licensing status, legal liability, or clinical quality.
26. Artificial Intelligence and Automated Outputs
Some Services may use artificial intelligence, automated classification, algorithms, or software-assisted analysis.
Artificial-intelligence-generated materials may include:
- Draft responses;
- Summaries;
- Risk indicators;
- Recommendations;
- Content drafts;
- Sentiment analysis;
- Categorization; and
- Informational scores.
These outputs may be inaccurate, incomplete, outdated, or unsuitable for a particular situation.
You agree to review all automated or artificial-intelligence-generated output before publishing, sending, or relying on it.
Artificial-intelligence output is not legal, medical, financial, compliance, public-relations, or professional advice.
27. No Legal, Medical, or Professional Advice
DocOwned is a technology, website, monitoring, and brand-reputation service. It is not a law firm, medical practice, licensing authority, insurance company, credit-reporting agency, or professional disciplinary organization.
The Services do not constitute:
- Legal advice;
- Medical advice;
- Licensing advice;
- Compliance advice;
- Insurance advice;
- Financial advice;
- Crisis-management guarantees; or
- A substitute for qualified professional counsel.
Templates, educational information, recommendations, and referrals are provided for general informational purposes.
You should consult an attorney, accountant, insurer, public-relations professional, licensing specialist, cybersecurity professional, or other qualified advisor when appropriate.
28. Referrals to Third-Party Professionals
DocOwned may provide access to or information about attorneys, public-relations professionals, cybersecurity providers, insurance providers, consultants, or other independent professionals.
Unless expressly stated in writing:
- These professionals are independent third parties;
- DocOwned does not control their services;
- No attorney-client or professional relationship is formed with DocOwned;
- The Client is responsible for selecting and retaining the professional;
- Separate fees and terms may apply; and
- DocOwned does not guarantee the professional’s work or outcome.
29. Service Availability and Changes
DocOwned aims to provide reliable Services but does not guarantee uninterrupted or error-free operation.
Services may be unavailable because of:
- Maintenance;
- Updates;
- Security events;
- Internet failures;
- Hosting outages;
- Vendor outages;
- API changes;
- Search-engine or platform restrictions;
- Force majeure events;
- Legal requirements; or
- Circumstances outside DocOwned’s reasonable control.
DocOwned may add, modify, replace, suspend, or discontinue features. When a change materially reduces the core paid functionality of a subscription, DocOwned will use commercially reasonable efforts to provide notice or a reasonably comparable alternative.
30. Support and Maintenance
Support and maintenance are provided according to the selected plan.
Unless otherwise stated:
- Support is provided during DocOwned’s normal business hours;
- Response times are targets rather than guarantees;
- Emergency support is not included;
- Custom development is separately billed;
- Work caused by Client changes or third-party failures may be separately billed;
- Browser, device, platform, or vendor compatibility may change; and
- Legacy technology may require replacement or additional work.
31. Intellectual Property Rights
The Services and all related technology are owned by DocOwned or its licensors and are protected by intellectual-property laws.
Except for the limited rights expressly granted in these Terms, no rights are transferred to the Client.
You may not:
- Copy or reproduce the DocOwned platform;
- Reverse engineer or decompile software;
- Extract source code;
- Remove ownership notices;
- Create a competing service from DocOwned materials;
- Resell platform access;
- Use DocOwned trademarks without permission; or
- Use the Services outside the authorized subscription.
“DocOwned,” “DocShield,” associated logos, platform names, and branding are trademarks or service marks of DocOwned or its licensors.
32. Feedback
If you provide ideas, suggestions, recommendations, or feedback about the Services, you grant DocOwned a perpetual, irrevocable, worldwide, royalty-free right to use that feedback without compensation or restriction.
This provision does not transfer ownership of your confidential information, Client Content, name, likeness, or professional identity.
33. Confidentiality
Each party may receive nonpublic business, technical, financial, security, or professional information from the other party.
The receiving party agrees to:
- Use confidential information only for the purposes of the relationship;
- Protect it using reasonable care;
- Limit access to persons with a legitimate need to know; and
- Not disclose it except as authorized or legally required.
Confidential information does not include information that:
- Becomes public without breach;
- Was lawfully known without restriction;
- Is independently developed;
- Is received lawfully from another source; or
- Is intentionally made public by the disclosing party.
DocOwned will treat nonpublic doctor contact information, account information, payment information, and private dashboard information as confidential in accordance with the Privacy Policy.
34. Privacy
DocOwned’s collection, use, retention, protection, and disclosure of personal information are governed by the DocOwned Privacy Policy.
The Privacy Policy is incorporated into these Terms by reference.
If a conflict exists between these Terms and the Privacy Policy regarding the handling of personal information, the Privacy Policy controls.
35. Security
DocOwned uses reasonable administrative, technical, and organizational safeguards designed to protect information under its control.
No system, website, payment network, hosting platform, or transmission method is completely secure.
You agree to promptly report suspected unauthorized access, compromised credentials, or security vulnerabilities to [security@docowned.com].
You may not publicly disclose or exploit a suspected vulnerability before giving DocOwned a reasonable opportunity to investigate and address it.
36. Copyright Complaints
DocOwned respects intellectual-property rights.
A copyright owner or authorized agent may report allegedly infringing material by sending the following information to [copyright@docowned.com]:
- Identification of the copyrighted work;
- Identification and location of the allegedly infringing material;
- Contact information;
- A statement of good-faith belief;
- A statement that the information is accurate and, under penalty of perjury, that the sender is authorized to act; and
- A physical or electronic signature.
DocOwned may remove disputed material and may terminate repeat infringers where appropriate.
37. Client Representations and Warranties
You represent and warrant that:
- You have legal authority to enter into these Terms;
- Information you provide is accurate;
- You hold or lawfully use represented credentials;
- You have rights to Client Content;
- Your content and instructions comply with law;
- Required consents and authorizations have been obtained;
- You will not misuse the Services;
- You will pay amounts when due; and
- Your acceptance does not violate another agreement.
38. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
DOCOWNED, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SERVICE PROVIDERS DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF:
- MERCHANTABILITY;
- FITNESS FOR A PARTICULAR PURPOSE;
- TITLE;
- NON-INFRINGEMENT;
- ACCURACY;
- AVAILABILITY;
- SECURITY;
- QUIET ENJOYMENT;
- PROFESSIONAL OUTCOME; AND
- RESULTS.
DOCOWNED DOES NOT WARRANT THAT:
- THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE;
- ALL ONLINE MENTIONS OR RISKS WILL BE DETECTED;
- DATA WILL BE COMPLETE OR ACCURATE;
- NEGATIVE CONTENT WILL BE REMOVED;
- REVIEWS WILL BE CHANGED OR DELETED;
- A WEBSITE WILL ACHIEVE A PARTICULAR TRAFFIC LEVEL;
- SEARCH RANKINGS WILL IMPROVE;
- A DOCTOR WILL RECEIVE NEW PATIENTS OR REVENUE;
- A REPUTATIONAL EVENT WILL BE PREVENTED;
- THIRD-PARTY PLATFORMS WILL COOPERATE;
- ARTIFICIAL-INTELLIGENCE OUTPUT WILL BE ACCURATE; OR
- THE SERVICES WILL MEET EVERY CLIENT EXPECTATION.
Some jurisdictions do not permit certain warranty exclusions. In those jurisdictions, the exclusions apply only to the extent permitted by law.
39. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DOCOWNED AND ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY:
- INDIRECT DAMAGES;
- INCIDENTAL DAMAGES;
- SPECIAL DAMAGES;
- EXEMPLARY DAMAGES;
- PUNITIVE DAMAGES;
- CONSEQUENTIAL DAMAGES;
- LOST PROFITS;
- LOST REVENUE;
- LOST BUSINESS;
- LOST PATIENT OPPORTUNITIES;
- LOST GOODWILL;
- REPUTATIONAL HARM;
- LOSS OF DATA;
- BUSINESS INTERRUPTION;
- SEARCH-RANKING CHANGE;
- THIRD-PARTY CLAIM;
- COST OF REPLACEMENT SERVICES; OR
- OTHER SIMILAR LOSS,
ARISING FROM OR RELATED TO THE SERVICES, EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DOCOWNED’S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE LESSER OF:
- THE AMOUNT THE CLIENT PAID TO DOCOWNED FOR THE AFFECTED SERVICE DURING THE THREE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR
- ONED HUNDRED U.S. DOLLARS.
These limitations apply regardless of the legal theory, including contract, tort, negligence, strict liability, statute, or otherwise.
Nothing in these Terms excludes liability that cannot lawfully be excluded or limited.
40. Release Concerning Third-Party Information
To the maximum extent permitted by law, you release DocOwned and its subsidiaries, affiliates, owners, officers, directors, employees, contractors, agents, and service providers from claims arising from:
- Reviews written by third parties;
- News coverage;
- Search-engine results;
- Social-media posts;
- Public records;
- Directory information;
- Government databases;
- Third-party platform decisions;
- Independent professional services;
- Third-party outages;
- Unauthorized third-party copying of public-profile information; and
- Other content or conduct not created or controlled by DocOwned.
This release does not apply to liability that cannot legally be waived.
41. Indemnification
To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless DocOwned and its parent companies, subsidiaries, affiliates, owners, officers, directors, employees, contractors, agents, licensors, and service providers from claims, liabilities, losses, damages, judgments, penalties, costs, and reasonable attorneys’ fees arising from or related to:
- Your Client Content;
- Your website or public profile;
- Your misuse of the Services;
- Your violation of these Terms;
- Your violation of law;
- Your infringement of another person’s rights;
- Your professional claims or advertising;
- Patient information submitted or published by you;
- Your failure to obtain required permissions;
- Your instructions to DocOwned;
- Your products, medical services, or professional conduct; or
- A dispute between you and a patient, employee, contractor, practice, or third party.
DocOwned will provide reasonable notice of an indemnified claim and may control the defense with counsel of its choosing. You may not settle a claim in a manner that admits wrongdoing by or imposes obligations on DocOwned without DocOwned’s written consent.
42. Force Majeure
DocOwned is not liable for delay, interruption, or failure caused by circumstances outside its reasonable control, including:
- Natural disasters;
- Fire;
- Flood;
- Severe weather;
- Epidemics or pandemics;
- War;
- Terrorism;
- Civil unrest;
- Labor disputes;
- Utility failures;
- Internet or telecommunications outages;
- Cyberattacks;
- Government action;
- Court orders;
- Vendor failures;
- Hosting outages;
- API restrictions; or
- Search-engine or platform changes.
Payment obligations for Services already provided are not excused by a force majeure event.
43. Governing Law
These Terms are governed by the laws of the State of Missouri, without regard to conflict-of-law principles.
The Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions below.
Mandatory consumer protections of a Client’s home jurisdiction remain applicable when they cannot lawfully be waived.
44. Informal Dispute Resolution
Before filing a lawsuit or arbitration, the complaining party must send written notice describing:
- The party’s name and contact information;
- The relevant account;
- The facts giving rise to the dispute;
- The specific relief requested; and
- Supporting documentation.
Notices to DocOwned must be sent to:
DocOwned, LLC
Attn: Legal Department
[Mailing Address]
[City, State ZIP Code]
Email: [legal@docowned.com]
The parties will attempt in good faith to resolve the dispute for at least 30 days after receipt of notice.
Either party may seek immediate injunctive relief for security threats, unauthorized system access, misuse of intellectual property, or misuse of confidential information.
45. Binding Arbitration
Except for claims eligible for small-claims court and requests for qualifying injunctive relief, any dispute arising from or relating to these Terms or the Services will be resolved through binding individual arbitration administered by the American Arbitration Association under its applicable Commercial Arbitration Rules.
The arbitration will:
- Be conducted by one neutral arbitrator;
- Take place in Jackson County, Missouri, remotely, or at another mutually agreed location;
- Be conducted in English;
- Apply Missouri law to the extent permitted; and
- Result in a written decision.
The arbitrator may award the same individual relief available in court but may not award relief for persons who are not parties to the arbitration.
Either party may bring an eligible individual claim in small-claims court instead of arbitration.
The arbitration provision should be reviewed by DocOwned’s attorney before publication, including the selection of rules, fee allocation, opt-out procedure, and application to practices versus individual doctors.
46. Class-Action Waiver
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DISPUTES MUST BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY.
Neither party may bring or participate in a:
- Class action;
- Collective action;
- Consolidated action;
- Representative action; or
- Private attorney-general action,
unless applicable law prohibits this waiver.
The arbitrator may not combine claims of multiple persons without the written agreement of all parties.
47. Arbitration Opt-Out
A new Client may opt out of the arbitration and class-action provisions by sending a written opt-out notice within 30 days after first accepting these Terms.
The notice must include:
- The Client’s full legal name;
- Account email address;
- Practice or organization name, if applicable;
- A clear statement that the Client opts out of arbitration; and
- The Client’s signature.
The notice must be sent to [legal@docowned.com] or the mailing address in Section 44.
Opting out of arbitration will not affect the Client’s access to the Services.
48. Venue When Arbitration Does Not Apply
When a dispute is not subject to arbitration, the parties consent to the exclusive jurisdiction of the state and federal courts located in Jackson County, Missouri.
Each party waives objections based on venue or inconvenient forum, except where such waiver is prohibited by law.
49. Time Limit for Claims
To the maximum extent permitted by law, any claim arising from these Terms or the Services must be filed within one year after the event giving rise to the claim.
Claims filed after that period are permanently barred.
This limitation does not apply where applicable law requires a longer period or does not permit contractual limitation.
50. Electronic Communications and Acceptance
You consent to receive agreements, notices, invoices, disclosures, renewal information, account communications, and other records electronically.
Electronic communications may be provided through:
- Email;
- Account notifications;
- Dashboard messages;
- Website postings;
- Electronic signatures; or
- Other electronic means.
By checking an acceptance box, clicking an acceptance button, signing electronically, creating an account after being presented with these Terms, or submitting payment after being presented with these Terms, you agree that your electronic action constitutes your signature and acceptance.
You are responsible for maintaining an accurate email address and the ability to access electronic records.
51. Changes to These Terms
DocOwned may update these Terms to reflect changes in:
- The Services;
- Technology;
- Security practices;
- Vendors;
- Pricing;
- Business operations; or
- Legal requirements.
DocOwned will post the revised Terms and update the “Last Updated” date.
For material changes, DocOwned will provide reasonable notice through email, the dashboard, or the Services. When legally required, DocOwned will request renewed acceptance.
Changes do not retroactively alter payment obligations or ownership rights already established unless agreed by both parties or required by law.
Continued use after the effective date of updated Terms constitutes acceptance where permitted by law.
52. Assignment
You may not assign or transfer these Terms, an account, or subscription without DocOwned’s prior written consent.
DocOwned may assign these Terms in connection with a merger, reorganization, financing, acquisition, sale of assets, corporate restructuring, or transfer to an affiliate or successor.
Any prohibited assignment is void.
53. Independent Contractors
The parties are independent contractors.
These Terms do not create:
- An employment relationship;
- Partnership;
- Joint venture;
- Franchise;
- Fiduciary relationship;
- Agency relationship; or
- Exclusive relationship.
Neither party may bind the other except as expressly authorized in writing.
54. No Third-Party Beneficiaries
These Terms are for the benefit of DocOwned and the Client. Except for DocOwned’s subsidiaries, affiliates, licensors, service providers, and indemnified parties where expressly stated, no third party has enforcement rights under these Terms.
55. Notices
Legal notices to DocOwned must be sent to:
DocOwned, LLC
Attn: Legal Department
[Mailing Address]
[City, State ZIP Code]
Email: [legal@docowned.com]
DocOwned may send notices to the email address, mailing address, telephone number, or account associated with the Client.
Email notice is considered received when sent unless the sender receives a delivery-failure notification.
56. Severability
If any provision of these Terms is held invalid or unenforceable, the provision will be enforced to the maximum extent permitted, and the remaining provisions will remain effective.
If the class-action waiver is held unenforceable for a particular claim, that claim must proceed in court rather than class arbitration unless applicable law requires otherwise.
57. Waiver
Failure to enforce a provision is not a waiver of that provision or any other right.
A waiver is effective only when made in writing by an authorized representative of the waiving party.
58. Entire Agreement and Order of Precedence
These Terms, the Privacy Policy, applicable order forms, proposals, statements of work, and expressly incorporated policies constitute the entire agreement concerning the Services.
They replace prior or contemporaneous discussions, proposals, representations, and understandings concerning the same subject.
If documents conflict, the following order applies unless expressly stated otherwise:
- A signed statement of work or order form;
- A signed proposal;
- These Terms;
- The Privacy Policy; and
- Other incorporated policies.
The Privacy Policy controls concerning the collection, use, and disclosure of personal information.
59. Headings
Section headings are for convenience only and do not affect interpretation.
Words such as “including” mean “including without limitation.”
Singular terms include the plural where appropriate, and electronic writings satisfy written-notice requirements where legally permitted.
60. Survival
Provisions that by their nature should survive cancellation or termination will remain effective, including provisions concerning:
- Payment obligations;
- Ownership;
- Website-file transfers;
- Confidentiality;
- Restrictions on use;
- Warranty disclaimers;
- Limitations of liability;
- Releases;
- Indemnification;
- Dispute resolution;
- Governing law; and
- Interpretation.
61. Contact Information
Questions about these Terms may be directed to:
DocOwned, LLC
Attn: Legal Department
[Mailing Address]
[City, State ZIP Code]
Email: [legal@docowned.com]
Telephone: [Telephone Number]
Billing questions: [billing@docowned.com]
Support questions: [support@docowned.com]
Cancellation requests: [Cancellation URL or Email]
62. Agreement to All Terms
BY CHECKING “I AGREE,” CREATING AN ACCOUNT, SIGNING AN ORDER FORM, PURCHASING A SUBSCRIPTION, OR USING THE SERVICES, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
- You have read these Terms in their entirety;
- You understand the subscription’s recurring-payment terms;
- You understand the initial three-month minimum commitment;
- You understand that cancellation becomes effective only as provided in these Terms;
- You authorize applicable recurring payments;
- You understand that Services may be suspended or terminated for nonpayment;
- You understand the limitations applicable to website-file transfers;
- You have reviewed and accept the DocOwned Privacy Policy;
- You agree to the warranty disclaimers, liability limitations, releases, indemnification provisions, and dispute-resolution terms;
- You have authority to accept these Terms personally and, where applicable, for the organization identified on the account; and
- You agree to be legally bound by all provisions of these Terms.
During suspension:
- The website may become unavailable;
- Public profiles may be disabled;
- Monitoring may stop;
- Alerts and reports may not be generated;
- Dashboard access may be restricted; and
- Data or content may not be updated.
DocOwned is not responsible for reputational harm, lost inquiries, lost business, search-ranking changes, or other consequences resulting from a suspension or termination caused by nonpayment.
Reactivation may require payment of all past-due amounts, a reactivation fee, updated payment information, and advance payment for future Services.
20. Chargebacks and Payment Disputes
Before initiating a chargeback, the Client agrees to contact DocOwned at [billing@docowned.com] and provide a reasonable opportunity to investigate and address the disputed charge.
A chargeback does not constitute cancellation.
DocOwned may suspend or terminate Services following a chargeback. If a chargeback is rejected or reversed, the Client remains responsible for the original charge and any reasonable chargeback, collection, or administrative fees permitted by law.
This section does not prevent a Client from exercising rights provided by applicable payment-card rules or law.
21. Refunds
Unless otherwise stated in writing or required by law:
- Setup fees are nonrefundable after work begins;
- Subscription fees are nonrefundable after the applicable billing period begins;
- Fees for completed work are nonrefundable;
- Domain, hosting, advertising, software-license, and third-party costs are nonrefundable;
- Unused time is not credited or refunded;
- Cancellation does not create a retroactive refund; and
- Dissatisfaction with public reviews, search results, third-party content, rankings, or monitoring data does not create a right to a refund.
DocOwned may issue a refund or credit at its discretion. A discretionary refund does not create an obligation to provide future refunds.
22. Termination by DocOwned
DocOwned may suspend or terminate your account or Services if:
- You materially breach these Terms;
- You fail to pay amounts due;
- You use the Services unlawfully;
- You provide false or misleading information;
- You misuse another person’s identity;
- You submit infringing, defamatory, fraudulent, or harmful content;
- You compromise platform security;
- You abuse DocOwned personnel or systems;
- Your use creates legal, regulatory, security, or reputational risk;
- A third-party provider prevents continued service;
- Continued service is commercially or technically impracticable; or
- DocOwned discontinues the applicable Service.
When reasonably practical, DocOwned will provide notice and an opportunity to correct a curable breach. Immediate suspension or termination may occur when necessary to address fraud, security threats, unlawful conduct, nonpayment, professional misrepresentation, or risk of harm.
If DocOwned terminates a fully paid account for convenience rather than Client breach, DocOwned may provide a prorated refund of prepaid subscription fees covering the unused period after termination.
23. Effects of Cancellation or Termination
Upon the effective date of cancellation or termination:
- The Client’s right to use the Services ends;
- Dashboard access may be disabled;
- Monitoring and alerts stop;
- Website hosting and maintenance may stop;
- Public profiles may be unpublished;
- Outstanding balances become immediately due;
- DocOwned may retain information as permitted by its Privacy Policy;
- Licenses granted to the Client under these Terms end except as expressly stated;
- DocOwned may delete account information after the applicable retention period; and
- Sections intended by their nature to survive will remain effective.
The Client is responsible for arranging replacement hosting, domain management, website maintenance, reputation monitoring, email services, and other services before the cancellation date.
DocOwned is not responsible for interruption or loss resulting from the Client’s failure to arrange replacement services.
24. Acceptable Use
You may not use the Services to:
- Violate any law or regulation;
- Misrepresent professional credentials;
- Impersonate another person;
- Publish false, deceptive, or misleading claims;
- Defame, harass, threaten, or harm another person;
- Infringe copyrights, trademarks, privacy rights, or other rights;
- Upload malicious code;
- Probe, scan, or test system vulnerabilities without authorization;
- Circumvent account restrictions or security controls;
- Scrape, copy, reverse engineer, or extract platform data without authorization;
- Resell or sublicense the Services;
- Interfere with platform operation;
- Generate fraudulent reviews;
- Suppress or manipulate lawful reviews through prohibited means;
- Violate a review platform’s terms;
- Use patient information without proper authorization;
- Send spam or unlawful messages;
- Train competing artificial-intelligence or machine-learning systems using DocOwned content or output; or
- Use the Services in a way that could damage DocOwned, its clients, or third parties.
DocOwned may investigate suspected violations and cooperate with lawful governmental requests.
25. Reputation and Monitoring Services
DocOwned monitors or analyzes information that may originate from public websites, search engines, directories, review platforms, social networks, government databases, news sources, and third-party vendors.
You acknowledge that:
- DocOwned does not control third-party content;
- Monitoring may not identify every mention, review, listing, or risk;
- Data may be delayed, incomplete, duplicated, inaccurate, or unavailable;
- Third-party platforms may change access or remove information;
- Sentiment and risk scores are informational estimates;
- Automated summaries may contain errors;
- DocOwned cannot guarantee removal of negative content;
- DocOwned cannot guarantee review-platform decisions;
- DocOwned cannot guarantee search rankings;
- DocOwned cannot guarantee a particular reputation outcome; and
- You remain responsible for reviewing information before acting on it.
DocOwned does not determine medical competence, professional fitness, licensing status, legal liability, or clinical quality.
26. Artificial Intelligence and Automated Outputs
Some Services may use artificial intelligence, automated classification, algorithms, or software-assisted analysis.
Artificial-intelligence-generated materials may include:
- Draft responses;
- Summaries;
- Risk indicators;
- Recommendations;
- Content drafts;
- Sentiment analysis;
- Categorization; and
- Informational scores.
These outputs may be inaccurate, incomplete, outdated, or unsuitable for a particular situation.
You agree to review all automated or artificial-intelligence-generated output before publishing, sending, or relying on it.
Artificial-intelligence output is not legal, medical, financial, compliance, public-relations, or professional advice.
27. No Legal, Medical, or Professional Advice
DocOwned is a technology, website, monitoring, and brand-reputation service. It is not a law firm, medical practice, licensing authority, insurance company, credit-reporting agency, or professional disciplinary organization.
The Services do not constitute:
- Legal advice;
- Medical advice;
- Licensing advice;
- Compliance advice;
- Insurance advice;
- Financial advice;
- Crisis-management guarantees; or
- A substitute for qualified professional counsel.
Templates, educational information, recommendations, and referrals are provided for general informational purposes.
You should consult an attorney, accountant, insurer, public-relations professional, licensing specialist, cybersecurity professional, or other qualified advisor when appropriate.
28. Referrals to Third-Party Professionals
DocOwned may provide access to or information about attorneys, public-relations professionals, cybersecurity providers, insurance providers, consultants, or other independent professionals.
Unless expressly stated in writing:
- These professionals are independent third parties;
- DocOwned does not control their services;
- No attorney-client or professional relationship is formed with DocOwned;
- The Client is responsible for selecting and retaining the professional;
- Separate fees and terms may apply; and
- DocOwned does not guarantee the professional’s work or outcome.
29. Service Availability and Changes
DocOwned aims to provide reliable Services but does not guarantee uninterrupted or error-free operation.
Services may be unavailable because of:
- Maintenance;
- Updates;
- Security events;
- Internet failures;
- Hosting outages;
- Vendor outages;
- API changes;
- Search-engine or platform restrictions;
- Force majeure events;
- Legal requirements; or
- Circumstances outside DocOwned’s reasonable control.
DocOwned may add, modify, replace, suspend, or discontinue features. When a change materially reduces the core paid functionality of a subscription, DocOwned will use commercially reasonable efforts to provide notice or a reasonably comparable alternative.
30. Support and Maintenance
Support and maintenance are provided according to the selected plan.
Unless otherwise stated:
- Support is provided during DocOwned’s normal business hours;
- Response times are targets rather than guarantees;
- Emergency support is not included;
- Custom development is separately billed;
- Work caused by Client changes or third-party failures may be separately billed;
- Browser, device, platform, or vendor compatibility may change; and
- Legacy technology may require replacement or additional work.
31. Intellectual Property Rights
The Services and all related technology are owned by DocOwned or its licensors and are protected by intellectual-property laws.
Except for the limited rights expressly granted in these Terms, no rights are transferred to the Client.
You may not:
- Copy or reproduce the DocOwned platform;
- Reverse engineer or decompile software;
- Extract source code;
- Remove ownership notices;
- Create a competing service from DocOwned materials;
- Resell platform access;
- Use DocOwned trademarks without permission; or
- Use the Services outside the authorized subscription.
“DocOwned,” “DocShield,” associated logos, platform names, and branding are trademarks or service marks of DocOwned or its licensors.
32. Feedback
If you provide ideas, suggestions, recommendations, or feedback about the Services, you grant DocOwned a perpetual, irrevocable, worldwide, royalty-free right to use that feedback without compensation or restriction.
This provision does not transfer ownership of your confidential information, Client Content, name, likeness, or professional identity.
33. Confidentiality
Each party may receive nonpublic business, technical, financial, security, or professional information from the other party.
The receiving party agrees to:
- Use confidential information only for the purposes of the relationship;
- Protect it using reasonable care;
- Limit access to persons with a legitimate need to know; and
- Not disclose it except as authorized or legally required.
Confidential information does not include information that:
- Becomes public without breach;
- Was lawfully known without restriction;
- Is independently developed;
- Is received lawfully from another source; or
- Is intentionally made public by the disclosing party.
DocOwned will treat nonpublic doctor contact information, account information, payment information, and private dashboard information as confidential in accordance with the Privacy Policy.
34. Privacy
DocOwned’s collection, use, retention, protection, and disclosure of personal information are governed by the DocOwned Privacy Policy.
The Privacy Policy is incorporated into these Terms by reference.
If a conflict exists between these Terms and the Privacy Policy regarding the handling of personal information, the Privacy Policy controls.
35. Security
DocOwned uses reasonable administrative, technical, and organizational safeguards designed to protect information under its control.
No system, website, payment network, hosting platform, or transmission method is completely secure.
You agree to promptly report suspected unauthorized access, compromised credentials, or security vulnerabilities to [security@docowned.com].
You may not publicly disclose or exploit a suspected vulnerability before giving DocOwned a reasonable opportunity to investigate and address it.
36. Copyright Complaints
DocOwned respects intellectual-property rights.
A copyright owner or authorized agent may report allegedly infringing material by sending the following information to [copyright@docowned.com]:
- Identification of the copyrighted work;
- Identification and location of the allegedly infringing material;
- Contact information;
- A statement of good-faith belief;
- A statement that the information is accurate and, under penalty of perjury, that the sender is authorized to act; and
- A physical or electronic signature.
DocOwned may remove disputed material and may terminate repeat infringers where appropriate.
37. Client Representations and Warranties
You represent and warrant that:
- You have legal authority to enter into these Terms;
- Information you provide is accurate;
- You hold or lawfully use represented credentials;
- You have rights to Client Content;
- Your content and instructions comply with law;
- Required consents and authorizations have been obtained;
- You will not misuse the Services;
- You will pay amounts when due; and
- Your acceptance does not violate another agreement.
38. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
DOCOWNED, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SERVICE PROVIDERS DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF:
- MERCHANTABILITY;
- FITNESS FOR A PARTICULAR PURPOSE;
- TITLE;
- NON-INFRINGEMENT;
- ACCURACY;
- AVAILABILITY;
- SECURITY;
- QUIET ENJOYMENT;
- PROFESSIONAL OUTCOME; AND
- RESULTS.
DOCOWNED DOES NOT WARRANT THAT:
- THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE;
- ALL ONLINE MENTIONS OR RISKS WILL BE DETECTED;
- DATA WILL BE COMPLETE OR ACCURATE;
- NEGATIVE CONTENT WILL BE REMOVED;
- REVIEWS WILL BE CHANGED OR DELETED;
- A WEBSITE WILL ACHIEVE A PARTICULAR TRAFFIC LEVEL;
- SEARCH RANKINGS WILL IMPROVE;
- A DOCTOR WILL RECEIVE NEW PATIENTS OR REVENUE;
- A REPUTATIONAL EVENT WILL BE PREVENTED;
- THIRD-PARTY PLATFORMS WILL COOPERATE;
- ARTIFICIAL-INTELLIGENCE OUTPUT WILL BE ACCURATE; OR
- THE SERVICES WILL MEET EVERY CLIENT EXPECTATION.
Some jurisdictions do not permit certain warranty exclusions. In those jurisdictions, the exclusions apply only to the extent permitted by law.
39. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DOCOWNED AND ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY:
- INDIRECT DAMAGES;
- INCIDENTAL DAMAGES;
- SPECIAL DAMAGES;
- EXEMPLARY DAMAGES;
- PUNITIVE DAMAGES;
- CONSEQUENTIAL DAMAGES;
- LOST PROFITS;
- LOST REVENUE;
- LOST BUSINESS;
- LOST PATIENT OPPORTUNITIES;
- LOST GOODWILL;
- REPUTATIONAL HARM;
- LOSS OF DATA;
- BUSINESS INTERRUPTION;
- SEARCH-RANKING CHANGE;
- THIRD-PARTY CLAIM;
- COST OF REPLACEMENT SERVICES; OR
- OTHER SIMILAR LOSS,
ARISING FROM OR RELATED TO THE SERVICES, EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DOCOWNED’S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF:
- THE AMOUNT THE CLIENT PAID TO DOCOWNED FOR THE AFFECTED SERVICE DURING THE THREE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR
- ONE HUNDRED U.S. DOLLARS.
These limitations apply regardless of the legal theory, including contract, tort, negligence, strict liability, statute, or otherwise.
Nothing in these Terms excludes liability that cannot lawfully be excluded or limited.
40. Release Concerning Third-Party Information
To the maximum extent permitted by law, you release DocOwned and its subsidiaries, affiliates, owners, officers, directors, employees, contractors, agents, and service providers from claims arising from:
- Reviews written by third parties;
- News coverage;
- Search-engine results;
- Social-media posts;
- Public records;
- Directory information;
- Government databases;
- Third-party platform decisions;
- Independent professional services;
- Third-party outages;
- Unauthorized third-party copying of public-profile information; and
- Other content or conduct not created or controlled by DocOwned.
This release does not apply to liability that cannot legally be waived.
41. Indemnification
To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless DocOwned and its parent companies, subsidiaries, affiliates, owners, officers, directors, employees, contractors, agents, licensors, and service providers from claims, liabilities, losses, damages, judgments, penalties, costs, and reasonable attorneys’ fees arising from or related to:
- Your Client Content;
- Your website or public profile;
- Your misuse of the Services;
- Your violation of these Terms;
- Your violation of law;
- Your infringement of another person’s rights;
- Your professional claims or advertising;
- Patient information submitted or published by you;
- Your failure to obtain required permissions;
- Your instructions to DocOwned;
- Your products, medical services, or professional conduct; or
- A dispute between you and a patient, employee, contractor, practice, or third party.
DocOwned will provide reasonable notice of an indemnified claim and may control the defense with counsel of its choosing. You may not settle a claim in a manner that admits wrongdoing by or imposes obligations on DocOwned without DocOwned’s written consent.
42. Force Majeure
DocOwned is not liable for delay, interruption, or failure caused by circumstances outside its reasonable control, including:
- Natural disasters;
- Fire;
- Flood;
- Severe weather;
- Epidemics or pandemics;
- War;
- Terrorism;
- Civil unrest;
- Labor disputes;
- Utility failures;
- Internet or telecommunications outages;
- Cyberattacks;
- Government action;
- Court orders;
- Vendor failures;
- Hosting outages;
- API restrictions; or
- Search-engine or platform changes.
Payment obligations for Services already provided are not excused by a force majeure event.
43. Governing Law
These Terms are governed by the laws of the State of Missouri, without regard to conflict-of-law principles.
The Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions below.
Mandatory consumer protections of a Client’s home jurisdiction remain applicable when they cannot lawfully be waived.
44. Informal Dispute Resolution
Before filing a lawsuit or arbitration, the complaining party must send written notice describing:
- The party’s name and contact information;
- The relevant account;
- The facts giving rise to the dispute;
- The specific relief requested; and
- Supporting documentation.
Notices to DocOwned must be sent to:
DocOwned, LLC
Attn: Legal Department
[Mailing Address]
[City, State ZIP Code]
Email: [legal@docowned.com]
The parties will attempt in good faith to resolve the dispute for at least 30 days after receipt of notice.
Either party may seek immediate injunctive relief for security threats, unauthorized system access, misuse of intellectual property, or misuse of confidential information.
45. Binding Arbitration
Except for claims eligible for small-claims court and requests for qualifying injunctive relief, any dispute arising from or relating to these Terms or the Services will be resolved through binding individual arbitration administered by the American Arbitration Association under its applicable Commercial Arbitration Rules.
The arbitration will:
- Be conducted by one neutral arbitrator;
- Take place in Jackson County, Missouri, remotely, or at another mutually agreed location;
- Be conducted in English;
- Apply Missouri law to the extent permitted; and
- Result in a written decision.
The arbitrator may award the same individual relief available in court but may not award relief for persons who are not parties to the arbitration.
Either party may bring an eligible individual claim in small-claims court instead of arbitration.
46. Class-Action Waiver
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DISPUTES MUST BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY.
Neither party may bring or participate in a:
- Class action;
- Collective action;
- Consolidated action;
- Representative action; or
- Private attorney-general action,
unless applicable law prohibits this waiver.
The arbitrator may not combine claims of multiple persons without the written agreement of all parties.
47. Arbitration Opt-Out
A new Client may opt out of the arbitration and class-action provisions by sending a written opt-out notice within 30 days after first accepting these Terms.
The notice must include:
- The Client’s full legal name;
- Account email address;
- Practice or organization name, if applicable;
- A clear statement that the Client opts out of arbitration; and
- The Client’s signature.
The notice must be sent to [legal@docowned.com] or the mailing address in Section 44.
Opting out of arbitration will not affect the Client’s access to the Services.
48. Venue When Arbitration Does Not Apply
When a dispute is not subject to arbitration, the parties consent to the exclusive jurisdiction of the state and federal courts located in Jackson County, Missouri.
Each party waives objections based on venue or inconvenient forum, except where such waiver is prohibited by law.
49. Time Limit for Claims
To the maximum extent permitted by law, any claim arising from these Terms or the Services must be filed within one year after the event giving rise to the claim.
Claims filed after that period are permanently barred.
This limitation does not apply where applicable law requires a longer period or does not permit contractual limitation.
50. Electronic Communications and Acceptance
You consent to receive agreements, notices, invoices, disclosures, renewal information, account communications, and other records electronically.
Electronic communications may be provided through:
- Email;
- Account notifications;
- Dashboard messages;
- Website postings;
- Electronic signatures; or
- Other electronic means.
By checking an acceptance box, clicking an acceptance button, signing electronically, creating an account after being presented with these Terms, or submitting payment after being presented with these Terms, you agree that your electronic action constitutes your signature and acceptance.
You are responsible for maintaining an accurate email address and the ability to access electronic records.
51. Changes to These Terms
DocOwned may update these Terms to reflect changes in:
- The Services;
- Technology;
- Security practices;
- Vendors;
- Pricing;
- Business operations; or
- Legal requirements.
DocOwned will post the revised Terms and update the “Last Updated” date.
For material changes, DocOwned will provide reasonable notice through email, the dashboard, or the Services. When legally required, DocOwned will request renewed acceptance.
Changes do not retroactively alter payment obligations or ownership rights already established unless agreed by both parties or required by law.
Continued use after the effective date of updated Terms constitutes acceptance where permitted by law.
52. Assignment
You may not assign or transfer these Terms, an account, or subscription without DocOwned’s prior written consent.
DocOwned may assign these Terms in connection with a merger, reorganization, financing, acquisition, sale of assets, corporate restructuring, or transfer to an affiliate or successor.
Any prohibited assignment is void.
53. Independent Contractors
The parties are independent contractors.
These Terms do not create:
- An employment relationship;
- Partnership;
- Joint venture;
- Franchise;
- Fiduciary relationship;
- Agency relationship; or
- Exclusive relationship.
Neither party may bind the other except as expressly authorized in writing.
54. No Third-Party Beneficiaries
These Terms are for the benefit of DocOwned and the Client. Except for DocOwned’s subsidiaries, affiliates, licensors, service providers, and indemnified parties where expressly stated, no third party has enforcement rights under these Terms.
55. Notices
Legal notices to DocOwned must be sent to:
DocOwned, LLC
Attn: Legal Department
[Mailing Address]
[City, State ZIP Code]
Email: [legal@docowned.com]
DocOwned may send notices to the email address, mailing address, telephone number, or account associated with the Client.
Email notice is considered received when sent unless the sender receives a delivery-failure notification.
56. Severability
If any provision of these Terms is held invalid or unenforceable, the provision will be enforced to the maximum extent permitted, and the remaining provisions will remain effective.
If the class-action waiver is held unenforceable for a particular claim, that claim must proceed in court rather than class arbitration unless applicable law requires otherwise.
57. Waiver
Failure to enforce a provision is not a waiver of that provision or any other right.
A waiver is effective only when made in writing by an authorized representative of the waiving party.
58. Entire Agreement and Order of Precedence
These Terms, the Privacy Policy, applicable order forms, proposals, statements of work, and expressly incorporated policies constitute the entire agreement concerning the Services.
They replace prior or contemporaneous discussions, proposals, representations, and understandings concerning the same subject.
If documents conflict, the following order applies unless expressly stated otherwise:
- A signed statement of work or order form;
- A signed proposal;
- These Terms;
- The Privacy Policy; and
- Other incorporated policies.
The Privacy Policy controls concerning the collection, use, and disclosure of personal information.
59. Headings
Section headings are for convenience only and do not affect interpretation.
Words such as “including” mean “including without limitation.”
Singular terms include the plural where appropriate, and electronic writings satisfy written-notice requirements where legally permitted.
60. Survival
Provisions that by their nature should survive cancellation or termination will remain effective, including provisions concerning:
- Payment obligations;
- Ownership;
- Website-file transfers;
- Confidentiality;
- Restrictions on use;
- Warranty disclaimers;
- Limitations of liability;
- Releases;
- Indemnification;
- Dispute resolution;
- Governing law; and
- Interpretation.
61. Contact Information
Questions about these Terms may be directed to:
DocOwned, LLC
Attn: Legal Department
[Mailing Address]
[City, State ZIP Code]
Email: [legal@docowned.com]
Telephone: [Telephone Number]
Billing questions: [billing@docowned.com]
Support questions: [support@docowned.com]
Cancellation requests: [Cancellation URL or Email]
62. Agreement to All Terms
BY CHECKING “I AGREE,” CREATING AN ACCOUNT, SIGNING AN ORDER FORM, PURCHASING A SUBSCRIPTION, OR USING THE SERVICES, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
- You have read these Terms in their entirety;
- You understand the subscription’s recurring-payment terms;
- You understand the initial three-month minimum commitment;
- You understand that cancellation becomes effective only as provided in these Terms;
- You authorize applicable recurring payments;
- You understand that Services may be suspended or terminated for nonpayment;
- You understand the limitations applicable to website-file transfers;
- You have reviewed and accept the DocOwned Privacy Policy;
- You agree to the warranty disclaimers, liability limitations, releases, indemnification provisions, and dispute-resolution terms;
- You have authority to accept these Terms personally and, where applicable, for the organization identified on the account; and
- You agree to be legally bound by all provisions of these Terms.
