Terms of Service

The Site and Services are intended for business decision-makers in the United States who are at least 18 years old and are authorized to act on behalf of the business they represent. By using the Site or submitting a form, you represent and warrant that you meet these requirements and that the information you provide is true, accurate, current, and complete.

Top Deck Digital is a marketing agency that helps med spas and aesthetic practices grow through patient reactivation, reviews and referrals, lead-to-chair conversion, and paid acquisition.

Through the Site we offer a free revenue-leak audit (the "Audit") and the opportunity to schedule a discovery call. The Audit is provided as an informational marketing resource at no cost. Any paid client engagement, whether described as a pilot, sprint, retainer, or project, is governed by a separate written agreement that takes precedence over these Terms with respect to the paid engagement. These Terms apply only to your use of the Site and the free Services available through it.

The Audit is a marketing analysis based on publicly available information, our review of common revenue leaks for med spas, and in some cases information you submit through the Site. The Audit is provided for informational purposes only. It is not legal, medical, financial, tax, accounting, or other professional advice, it does not guarantee any specific outcome, and it is not a substitute for advice from licensed professionals. You are responsible for evaluating the Audit and deciding what, if any, action to take based on it.

Marketing outcomes depend on many factors outside our control, including market conditions, your offer, your operations, third-party platforms, and your team's execution. Any examples, estimates, projections, or case references on the Site or in our communications are illustrative and are not promises or guarantees of revenue, leads, bookings, conversions, return on ad spend, or any other result. You should not rely on any such illustration as a commitment by Top Deck Digital that you will achieve the same or similar results.

Email. By submitting a form on the Site or otherwise providing your email address, you consent to receive transactional emails (audit deliveries, scheduling confirmations, replies, and similar messages) and follow-up or marketing emails from us. You may unsubscribe from marketing emails at any time using the unsubscribe link in those emails or by contacting us at jonathan@topdeckdigital.com.

SMS / text messaging. If you provide your mobile phone number through a form on the Site, a Facebook or Instagram lead form connected to our advertising, or any other channel, you consent to receive recurring transactional and marketing text messages from Top Deck Digital related to your inquiry and our Services, sent using an automated system. Message frequency varies. Message and data rates may apply. You can opt out at any time by replying STOP to any text. Reply HELP for help, or email jonathan@topdeckdigital.com. Consent is not a condition of purchase.

Phone. If you provide a phone number, we may contact you by phone about your inquiry or our Services. You can ask us not to call at any time.

Carriers and delivery. Major U.S. wireless carriers are supported. Carriers are not liable for delayed or undelivered messages. We are not responsible for delayed or undelivered messages due to carrier issues, device issues, or other factors outside our control.

You agree not to:

• Use the Site or Services for any unlawful purpose or in violation of any applicable federal, state, or local law or regulation
• Submit false, misleading, or fraudulent information through any form on the Site or in any communication with us
• Submit forms on behalf of someone who has not authorized you to do so, or use someone else's contact information
• Use the Site or Services to harass, abuse, threaten, defame, or violate the rights of any person
• Attempt to interfere with, overload, disable, or compromise the Site, our Services, or our service providers' systems, including through the introduction of malicious code or denial of service
• Probe, scan, or test the vulnerability of the Site or our systems without prior written authorization, or attempt to gain unauthorized access to any account, server, or network
• Scrape, harvest, or copy content from the Site by automated means for any commercial purpose without our prior written consent
• Use the Site or Services in any way that infringes any patent, trademark, trade secret, copyright, or other intellectual property right of any party

We use artificial intelligence tools to help us draft audit deliverables, marketing copy, replies, and other operational work product. AI-generated output is reviewed by us before being sent or published, but it can contain errors, inaccuracies, or omissions. AI-assisted output is not professional advice and should not be relied upon as a substitute for legal, medical, financial, or other licensed professional judgment.

The Site, the Audit (in the form delivered to you), our reports, templates, frameworks, brand, logo, trade dress, written content, graphics, code, and all other materials we create are owned by Top Deck Digital or our licensors and are protected by copyright, trademark, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site and review the Audit for your own internal business evaluation purposes. You may not copy, reproduce, modify, translate, publish, distribute, sell, license, sublicense, or create derivative works from any of our materials, or remove any copyright, trademark, or other proprietary notices, without our prior written consent. All rights not expressly granted are reserved.

If you provide us with feedback, suggestions, or ideas about the Site or our Services, you grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable, sublicensable license to use that feedback for any purpose, without obligation to you.

The Site relies on, and may link to, services and content provided by third parties (including, without limitation, Vercel, Resend, Cal.com, Twilio, Google, Meta Platforms, and AI providers). We are not responsible for the availability, content, accuracy, terms, privacy practices, or behavior of any third-party service. Your use of any third-party service is subject to that service's own terms and privacy policy, and is solely at your own risk.

The Site and Services are provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, statutory, or otherwise. To the fullest extent permitted by applicable law, Top Deck Digital and JWF Group LLC disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, accuracy, and quiet enjoyment.

We do not warrant that the Site or Services will be uninterrupted, timely, secure, error-free, or free of viruses or other harmful components, that defects will be corrected, that any information, content, or output (including the Audit and any AI-assisted output) will be accurate, complete, current, or reliable, or that text messages or emails will be delivered in a timely manner or at all.

To the fullest extent permitted by applicable law, Top Deck Digital, JWF Group LLC, and their respective owners, members, officers, employees, contractors, agents, affiliates, and licensors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenue, business opportunity, leads, bookings, data, goodwill, or reputation, arising out of or relating to your use of the Site or Services, the Audit, AI-assisted output, or any communications sent to or received from us, whether based on breach of contract, breach of warranty, tort (including negligence), strict liability, or any other legal theory, even if we have been advised of the possibility of such damages.

Our aggregate liability for any and all claims arising out of or relating to these Terms, the Site, or the Services will not exceed one hundred U.S. dollars (US$100). This limitation applies in the aggregate to all claims, regardless of form, and survives any failure of essential purpose of any limited remedy. Some jurisdictions do not allow certain limitations or exclusions of liability; in those jurisdictions, our liability is limited to the maximum extent permitted by law.

If you have entered into a separate written agreement with us covering paid Services, the limitation of liability in that agreement governs disputes about that paid engagement.

You agree to indemnify, defend, and hold harmless Top Deck Digital, JWF Group LLC, and their respective owners, members, officers, employees, contractors, agents, affiliates, and licensors from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your use or misuse of the Site or Services, (b) your violation of these Terms, (c) your violation of any law or the rights of any third party, or (d) any content or information you submit to us, including any claim that we have relied on inaccurate or unauthorized information you provided.

We may suspend or terminate your access to the Site or any Services at any time, with or without notice, for any reason, including violation of these Terms. You may stop using the Site and Services at any time. Sections of these Terms that by their nature should survive termination will survive, including without limitation Sections 8 (Intellectual Property), 10 (Disclaimer of Warranties), 11 (Limitation of Liability), 12 (Indemnification), 14 (Governing Law and Venue), and 15 (Miscellaneous).

These Terms and any dispute arising out of or relating to these Terms, the Site, or the Services are governed by the laws of the State of California, without regard to its conflict of laws rules. The exclusive venue and jurisdiction for any dispute that is not subject to small claims court will be the state and federal courts located in San Diego County, California, and you consent to the personal jurisdiction of those courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

Entire agreement. These Terms and the Privacy Policy form the entire agreement between you and Top Deck Digital with respect to the Site and the free Services and supersede any prior agreements between you and us on that subject. If you have a separate written agreement with us for paid Services, that agreement governs the paid engagement.

Severability. If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

No waiver. Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision.

Assignment. You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, financing, or sale of assets.

Force majeure. We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including natural disasters, acts of war or terrorism, civil disturbances, labor disputes, internet or communications failures, governmental actions, or third-party platform outages.

Headings. Section headings are for convenience only and do not affect interpretation.

We may update these Terms from time to time. The "Last updated" date at the top of this page will be revised when we make changes. If we make material changes, we will provide additional notice as required by applicable law (for example, by email or by a prominent notice on the Site). Your continued use of the Site or Services after the updated Terms take effect constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Site and Services and opt out of communications as described above.

For questions about these Terms, contact:

Top Deck Digital (a brand of JWF Group LLC)
San Diego, California, United States
Email: jonathan@topdeckdigital.com
Phone: (619) 784-3938
Website: topdeckdigital.com