Privacy Policy & Terms and Conditions
1. Services
Specto Digital LLC (“Specto Digital”) will provide to the Practice the Services selected by the Practice (the “Services”) on the Specto Digital Services Agreement (the “Services Agreement”), which is incorporated herein by reference, through Specto Digital and/or its affiliates and/or designees. Specto Digital may change the Services offered (whether adding additional Services or canceling Services) at any time upon delivery of a revised Services Agreement. The Practice may, but shall not be required to, add additional or any new Services during the Term of the Agreement.
2. Term and Termination.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site, except as permitted by these Terms or with the prior written consent of the Company.
3. Specto Digital Fees.
You agree to accept responsibility for all activities that occur under your account or password. The Company reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.
4. Third Party Vendor Agreements
The Practice may be required to enter into third party vendor agreements with Specto Digital vendors. Any such contract does not change or amend these Terms and Conditions or the Services Agreement. The Practice should not pay any service fees to any vendor unless specifically noted and agreed to by the Parties in writing.
5. Independent Contractor Status
Notwithstanding any provision contained herein or in the Services Agreement to the contrary, the Practice and Specto Digital each understand and agree that the Parties hereto are independent contractors and that therefore neither the Practice nor Specto Digital is an employee, partner, joint venturer, or agent of the other. Neither Party shall have the right to make any promises, warranties or representations, or to assume or create any obligations, on behalf of the other Party.
6. INDEMNITY AND LIMITATION OF LIABILITY
THE PRACTICE AGREES TO INDEMNIFY, DEFEND AND HOLD SPECTO DIGITAL, AND ITS AFFILIATES, OFFICERS, DIRECTORS, AND EMPLOYEES HARMLESS FROM AND AGAINST ANY CLAIMS ASSERTED BY ANY THIRD PARTIES AGAINST SPECTO DIGITAL ARISING FROM SPECTO DIGITAL LLC’S RELATIONSHIP WITH THE PRACTICE PURSUANT TO THE SERVICES AGREEMENT. THE PRACTICE AGREES TO FURTHER INDEMNIFY, DEFEND AND HOLD HARMLESS SPECTO DIGITAL LLC, AND ITS AFFILIATES, OFFICERS, DIRECTORS, AND EMPLOYEES FROM ANY AND ALL LIABILITY, LOSS, DAMAGE, CLAIM OR EXPENSE OF ANY KIND, INCLUDING COSTS AND ATTORNEYS’ FEES WHICH RESULT FROM THE ACTS OR OMISSIONS BY THE PRACTICE, ITS AGENTS OR EMPLOYEES, REGARDING THE DUTIES AND OBLIGATIONS OF THE PRACTICE UNDER THE SERVICES AGREEMENT OR THESE TERMS AND CONDITIONS. SPECTO DIGITAL SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AGREEMENT OR THESE TERMS AND CONDITIONS, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR REVENUES. IN NO EVENT SHALL DAMAGES FOR EITHER PARTY EXCEED THE VALUE OF THE TERM OF THE SERVICES AGREEMENT.
7. Effect of Expiration and Termination; Survival.
Notwithstanding the expiration or termination of the Services Agreement, Section 3 (as it relates to unpaid Specto Digital Service Fees), 7 (Indemnity, Release and Waiver of Liability), 8 (Survival), 10 (Governing Law; Venue), 16 (Attorneys’ Fees), 18 (No Referral Arrangements), and 19 (Access to Records, if applicable) will survive.
8. Conformance with Law
Each Party shall carry out all activities undertaken by it pursuant to the Services Agreement or these Terms and Conditions in conformance with all applicable federal, state, and local laws, rules, and regulations.
9. Governing Law, Venue
The Services Agreement, these Terms and Conditions and all actions arising, in whole or in part, under or in connection with the Services Agreement or these Terms and Conditions shall be governed by and construed in accordance with the domestic substantive laws of the State of Florida, without giving effect to any choice or conflict of law provision or rule. The Parties hereby agree that venue for any and all disputes shall be in the state or federal court of competent jurisdiction located in Miami-Dade County, Florida, and each of the Parties hereby consent to the exclusive jurisdiction of such courts.
10. Entire Agreement; No Oral Modification.
The Services Agreement and these Terms and Conditions constitute the entire final agreement between the Parties and supersede all prior agreements, oral or written. Except as provided in Section 1, these Terms and Conditions may not be amended except in writing signed by both Parties.
11. Assignment.
Specto Digital may transfer and assign the Services Agreement and these Terms and Conditions without prior consent. The Practice may not assign the Agreement without Specto Digital’s prior written consent.
12. Severability.
If any provision is found invalid or unenforceable, that provision will be replaced with a valid one closest in meaning, and the rest of the Agreement will remain in force.
13. Waiver.
No waiver of any breach shall be construed as a waiver of any future breach.
14. Further Action.
Both Parties agree to take any necessary actions to carry out the terms of the Services Agreement.
15. Attorneys’ Fees.
The prevailing party in any litigation shall be entitled to recover reasonable attorney’s fees and costs at all stages of litigation and judgment enforcement.
16. Interpretation.
Headings are for convenience only. References to gender and number shall be inclusive.
17. No Referral Arrangements.
Specto Digital will not refer patients or expect referrals. The Agreement is for marketing services only.
18. AI-Powered Call Monitoring and Data Security
Specto Digital LLC uses AI-based call monitoring. The Practice acknowledges:
Specto Digital uses encryption and standard security measures, but cannot guarantee 100% security.
• AI may have transcription or analytical inaccuracies.
• Specto Digital follows data privacy regulations but the Practice is responsible for local compliance.
• The Practice is responsible for informing patients of call monitoring as required by law.
19. Waiver of Jury Trial.
THE PARTIES WAIVE ANY RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY LEGAL DISPUTE ARISING UNDER THIS AGREEMENT.
Individual Dispute Resolution
All disputes will be resolved on an individual basis — not as part of a class or group claim.
Our Commitment
This privacy policy applies to our current and former customers and has been in effect since (Date of creation). If you have any questions, you may contact us by e-mail at team@spectodigital.com or by mail at:
Specto Digital LLC
2187 SW 1st St, Suite 1029
Miami, FL 33135
