Terms of Service — Wyngaard Partners

1. Services Overview

Wyngaard Partners provides the following services:

The Practice Diagnostic™ Diagnostic: A free proprietary intelligence diagnostic for dental practices
Practice Intelligence Brief™: A complimentary written assessment of diagnostic results
System Installation Services: Paid consulting engagements for revenue recovery implementation (subject to separate engagement agreements)

The diagnostic and Intelligence Brief are provided at no cost. Paid consulting services require a separate written agreement.

2. Eligibility

Our services are intended for:

Dental practice owners and authorized decision-makers
Individuals 18 years of age or older
Practices operating legally within their jurisdiction

By using our services, you represent that you meet these eligibility requirements.

3. Use of the Diagnostic Tool

Free Access

The The Practice Diagnostic™ diagnostic is provided free of charge. Completion of the diagnostic does not create any obligation to purchase services.

Accuracy of Information

You agree to provide accurate, current, and complete information when using the diagnostic. You are responsible for the accuracy of your responses and the resulting assessment.

Permitted Use

You may use the diagnostic for your own practice evaluation purposes only. You may not:

Reverse engineer, decompile, or extract the diagnostic methodology
Use the tool for competitive analysis or to develop competing services
Share or distribute your personalized results publicly without permission
Attempt to circumvent usage limits or security measures

4. Intelligence Brief

The Practice Intelligence Brief is a written assessment based on your diagnostic responses. It is provided for informational purposes only and:

Is not professional advice: The brief does not constitute legal, financial, or professional consulting advice
Is not a guarantee: Observations and recommendations are based on the information you provide and general industry patterns
Requires verification: Any recommendations should be evaluated in the context of your specific practice circumstances

You should not rely solely on the Intelligence Brief for business decisions without independent verification.

5. No Guarantees of Results

Important: We do not guarantee specific revenue outcomes, patient volume increases, or business results. Our diagnostic and recommendations are based on industry patterns and operational best practices, but results vary by practice.

Past performance examples or case studies do not guarantee future results. Your practice's performance depends on numerous factors beyond our control, including market conditions, practice leadership, team execution, and patient demographics.

6. Intellectual Property

Our Proprietary Materials

The following are proprietary to Wyngaard Partners and protected by intellectual property laws:

The Practice Diagnostic™ diagnostic framework and methodology
Practice Intelligence Brief™ format and analysis structure
Revenue Leak Index™ scoring system
All website content, design, graphics, and text
Trade names, trademarks, and service marks

License Grant

We grant you a limited, non-exclusive, non-transferable license to access and use our diagnostic tool for your personal practice evaluation. This license does not permit commercial use or redistribution.

Your Content

You retain ownership of the practice information you provide. By submitting information through the diagnostic, you grant us a license to use that information to generate your assessment and improve our services.

7. Confidentiality

We treat your diagnostic data and practice information as confidential. However:

We may use anonymized, aggregated data for research and service improvement
We may share de-identified benchmark data (no practice names or identifying information)
We will disclose information if required by law or court order

See our Privacy Policy for complete details on data handling.

8. Paid Consulting Services

If you engage us for System Installation or other paid services:

A separate written engagement agreement will be executed
That agreement will supersede these general Terms of Service for the engagement scope
Payment terms, deliverables, and performance expectations will be defined in that agreement
These Terms of Service continue to apply for general website use and the diagnostic tool

9. Limitation of Liability

To the maximum extent permitted by law:

Wyngaard Partners is not liable for any indirect, incidental, special, consequential, or punitive damages
Our total liability for any claim related to the free diagnostic or Intelligence Brief is limited to $100 USD
We are not liable for lost revenue, lost profits, lost opportunities, or business interruption
We are not liable for errors or omissions in the diagnostic results or recommendations

This limitation applies regardless of the legal theory (contract, tort, negligence, etc.) and whether we were advised of the possibility of such damages.

10. Disclaimer of Warranties

Our services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied, including but not limited to:

Warranties of merchantability or fitness for a particular purpose
Warranties that the diagnostic will be error-free or uninterrupted
Warranties regarding the accuracy or reliability of results
Warranties that defects will be corrected

Some jurisdictions do not allow disclaimer of implied warranties, so some of these disclaimers may not apply to you.

11. Indemnification

You agree to indemnify and hold harmless Wyngaard Partners and its affiliates, officers, employees, and contractors from any claims, damages, losses, or expenses (including legal fees) arising from:

Your use of the diagnostic or our services
Your violation of these Terms of Service
Your violation of any third-party rights
Any fraudulent or illegal activity

12. Modifications to Services

We reserve the right to:

Modify or discontinue the diagnostic tool or any feature at any time
Change the scoring methodology or assessment framework
Update the Intelligence Brief format or content
Impose usage limits on the free diagnostic

We will make reasonable efforts to notify users of material changes, but are not obligated to do so.

13. Termination

We may terminate or suspend your access to the diagnostic or our services at any time, without notice, for:

Violation of these Terms of Service
Fraudulent or abusive use of the platform
Any conduct we determine to be harmful to our business or other users

Upon termination, your right to use the diagnostic ceases immediately.

14. Governing Law

These Terms of Service are governed by the laws of [Your Jurisdiction], without regard to its conflict of law provisions.

Any disputes arising from these terms or our services shall be resolved through:

Good faith negotiation first
Binding arbitration if negotiation fails (under [Arbitration Rules])
Courts of [Your Jurisdiction] for any matters not subject to arbitration

15. Severability

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

16. Entire Agreement

These Terms of Service, together with our Privacy Policy, constitute the entire agreement between you and Wyngaard Partners regarding the use of our diagnostic tool and website.

For paid consulting services, a separate engagement agreement will govern that relationship and supersede these general terms for the engagement scope.

17. Changes to These Terms

We may update these Terms of Service from time to time. We will notify you of material changes by:

Updating the "Last Updated" date at the top
Sending an email to registered users
Posting a notice on our website

Your continued use of our services after changes constitutes acceptance of the updated terms.

18. Contact Information

If you have questions about these Terms of Service, please contact us:

Wyngaard Partners
Email: partners@wyngaardpartners.com
Website: wyngaardpartners.com