Privacy Policy
Terms & Conditions of Use

Effective December 1, 2025

These Terms of Use (“Terms” or “Agreement”) are a legal agreement between you and Dynamic Deck Pros, LLC (“Company,” “we,” “us,” or “our”) and govern your use of all the text, data, information, software, graphics, photographs, applications, intelligence dashboard and more that we and our affiliates may make available to you (all of which we refer to as “Documentation”), including our websites and any Services, applications, dashboard, plug-ins, software or other Downloadable Tools (as defined below) that we may provide through any of our websites (the “Platform” or “Website, App and Intelligence Dashboard” and together with the Documentation, these “Service(s)”).

The use of this website and services on this website provided by Dynamic Deck Pros are subject to the following Terms & Conditions, all parts and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on this website (hereinafter collectively referred to as “Website, App and Intelligence Dashboard”) and any services provided by or on this Website, App and Intelligence Dashboard (“Services”).

READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE. USING THESE SERVICES INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THESE SERVICES IF YOU DO NOT ACCEPT THESE TERMS. THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH DYNAMIC DECK PROS.

IF YOU ARE A DYNAMIC DECK PROS USER, AUTHORIZED USER, VIEWER, OR INVITEE LOCATED IN THE EUROPEAN ECONOMIC AREA, SWITZERLAND, OR UNITED KINGDOM, THE DATA PROCESSING ADDENDUM ACCOMPANIES THESE TERMS AND SETS FORTH OTHER TERMS OF OUR AGREEMENT THAT APPLY SOLELY TO THE EXTENT ANY INFORMATION YOU PROVIDE TO DYNAMIC DECK PROS INCLUDES PERSONAL DATA OF INDIVIDUALS LOCATED IN THE EUROPEAN ECONOMIC AREA, SWITZERLAND, AND THE UNITED KINGDOM.

1) DEFINITIONS

The parties referred to in this Agreement shall be defined as follows:

Company, Us, We: The Company, as the creator, operator, and publisher of the Website, App and Intelligence Dashboard, makes the Website, App and Intelligence Dashboard, and certain Services on it, available to users. Dynamic Deck Pros, LLC, Company, Us, We, Our, Ours and other first-person pronouns will refer to the Company, as well as all employees and affiliates of the Company.

Dynamic Deck Pros “Users” are the people who have created a Dynamic Deck Pros account (also referred to as “Customer(s)”). You, the User, the Client: You, as the user of the Website, App and Intelligence Dashboard, will be referred to throughout this Agreement with second-person pronouns such as You, Your, Yours, or as User or Client. For purposes of this Agreement, “you” and “your” also include any Authorized Users acting on behalf of a company or organization.

Dynamic Deck Pros “Invitees” are people who have requested design consultations, project quotes, or other services from Dynamic Deck Pros through the Platform but may or may not have registered with Dynamic Deck Pros. Invitees are considered third-party beneficiaries of certain provisions of these Terms as specifically identified herein.

Dynamic Deck Pros “Viewer” is a person who visits the Dynamic Deck Pros Website, App and Intelligence Dashboard but may or may not be a Dynamic Deck Pros User or Dynamic Deck Pros Invitee.

Parties: Collectively, the parties to this Agreement will be referred to as Parties.

2) CONSENT & ACCEPTANCE

By using the Website, App and Intelligence Dashboard, You warrant that You have read and reviewed this Agreement and that You agree to be bound by it. If You do not agree to be bound by this Agreement, please leave the Website, App and Intelligence Dashboard immediately. The Company only agrees to provide use of this Website, App and Intelligence Dashboard and Services to You if You consent to this Agreement.

If you are entering into these Terms on behalf of a company or other organization, you hereby represent and warrant that you are authorized to enter into these Terms on behalf of such company or other organization (“Authorized User”).

By using the Services provided by Dynamic Deck Pros, you acknowledge and agree that any communication from you to the Company, or interactions between you and the Company, may involve interactions with an AI-powered design assistant (“Agent”). This AI Agent is designed to assist with inquiries and provide support related to the Services. We are committed to ensuring that all use of AI complies with applicable existing and forthcoming laws and regulations concerning Artificial Intelligence. We assure you that any data exchanged during these interactions will be handled in accordance with our Privacy Notice and all relevant legal obligations. If you have any questions or concerns regarding your interactions with the AI Agent, please contact us directly for clarification.

USER INTERACTIONS WITH AI AGENT

By utilizing the Website, App and Intelligence Dashboard, you acknowledge and consent that certain interactions may include communication with an AI-powered design assistant (“Agent”). Dynamic Deck Pros, LLC may incorporate AI technology to enhance customer service and project management efficiency. The AI Agent is programmed to assist with providing information, responding to inquiries, and managing service-related tasks efficiently.

Dynamic Deck Pros, LLC guarantees that the use of AI Agents adheres to all relevant laws and regulations related to artificial intelligence, including but not limited to privacy laws, data protection regulations, and any future legal requirements that may apply. Users are encouraged to be mindful of the nature of interactions with AI Agents, as these may vary from interactions with human representatives. Should you wish to communicate directly with a human representative, request this during your interaction and we will facilitate it where feasible.

Your continued use of our Services implies acceptance of these terms, and it is your responsibility to stay informed about any changes to these interactions as laws and regulations evolve.

3) LICENSE TO USE WEBSITE

Dynamic Deck Pros’ Services facilitate the design, specification, and contracting of custom deck construction projects, including the use of an AI-powered design assistant (“Agent”), project visualization tools, and payment processing for residential deck construction services. The Services also include tools for project approval, contractor-customer communication, and project management throughout the construction process. The Company grants You a non-exclusive, non-transferable, revocable license to access and use the Services solely for obtaining deck construction services for your personal, residential use in accordance with these Terms. This license does not permit commercial use or resale of the Services.

When using the features of the Services you are subject to any agreements, policies, or guidelines applicable to such features that may be posted from time to time. All such agreements, policies or guidelines, including the Privacy Notice, the End User License Agreement and the Data Processing Addendum (as applicable) are hereby incorporated by reference into these Terms.

The Company may provide You with certain information as a result of Your use of the Website, App and Intelligence Dashboard or Services. Such information may include, but is not limited to, documentation, data, design specifications, project plans, or information developed by the Company, and other materials that may assist in Your use of the Website, App and Intelligence Dashboard or Services (“Company Materials”). Subject to this Agreement, the Company grants You a limited, personal, non-exclusive, non-transferable and revocable license to use the Company Materials solely in connection with Your use of the Website, App and Intelligence Dashboard and Services and for the construction of your deck project following the set-up of a Free Account or Paid Account as set forth below. You may retain copies of design specifications and project plans for your records related to your completed construction project. The Company Materials may not be used for any other purpose, including but not limited to creating competing services or sharing with third-party contractors not authorized by Dynamic Deck Pros, and this license terminates upon Your cessation of use of the Website, App and Intelligence Dashboard or Services or at the termination of this Agreement, except for your right to retain project-related documents as stated above.

Subject to these Terms, we also grant you a limited, personal, non-exclusive, non-transferable license to download, install and operate any plug-ins, software, information, or other content that we may have specifically identified within the Website, App and Intelligence Dashboard as available for download solely in connection with accessing the Website, App and Intelligence Dashboard, including, but not limited to, relevant Dynamic Deck Pros browser extensions (“Downloadable Tools”). Such Downloadable Tools are also subject to the additional terms provided to you upon download, including without limitation our End User License Agreement.

You have no other rights in the Service and shall not use the Services for any purposes beyond the scope of the access granted in this Agreement. Customer shall not at any time, directly or indirectly, and to the extent Customer is a company or other organization, shall not permit any Authorized Users to: (i) copy, modify, or create derivative works of the Services or Documentation, in whole or in part; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services or Documentation; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Services, in whole or in part; (iv) remove any proprietary notices from the Services or Documentation; or (v) knowingly use the Services or Documentation in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law. If you make copies of any portion of this Website, App and Intelligence Dashboard while engaging in Permitted Purposes, then you agree to keep on these copies all of our copyright and other proprietary notices as they appear on this Website, App and Intelligence Dashboard.

4) INTELLECTUAL PROPERTY

You agree that the Website, App and Intelligence Dashboard and all Services provided by the Company are the property of the Company, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“Company IP”). You agree that the Company owns all right, title and interest in and to the Company IP and that You will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Company.

5) USER OBLIGATIONS

As a user of the Website, App and Intelligence Dashboard or Services, You may be asked to register with Us. When You do so, You will choose a user identifier, which may be Your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, Your name, phone number, property address, and project details. You are responsible for ensuring the accuracy of this information. This identifying information will enable You to use the Website, App and Intelligence Dashboard and Services. You must not share such identifying information with any third party, and if You discover that Your identifying information has been compromised, You agree to notify Us immediately in writing. Email notification will suffice. You are responsible for maintaining the safety and security of Your identifying information as well as keeping Us apprised of any changes to Your identifying information, including changes to your property address or contact information. Providing false or inaccurate information, including misrepresenting property ownership or providing incorrect property addresses, or using the Website, App and Intelligence Dashboard or Services to further fraud or unlawful activity, is grounds for immediate termination of this Agreement.

6) ACCEPTABLE USE

Dynamic Deck Pros authorizes your use of these Services only for Permitted Purposes. Any other use of these Services beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use which may result in the violation of various United States and international copyright laws, the deletion of your Dynamic Deck Pros account, or a block from the Services. Unless you have written permission from us stating otherwise, you are not authorized to use these Services in any of the following ways. (Note that these are examples only, and the list below is not a complete list of everything that you are not permitted to do):

You are not allowed to use the Services:

To create a competing product, resell or broker the Services to any third-party;

In a manner that modifies, publicly displays, publicly performs, reproduces, or distributes any of the Services;

In a manner that violates any relevant law or the Terms of this Agreement, including but not limited to anything that is illegal in the jurisdiction where the User, Invitee and/or Authorized User is located;

To stalk, harass, spam, or harm another individual, organization, or business;

To disclose information that you do not have permission to disclose;

To impersonate any person or entity, misstate your Personal Data, or otherwise misrepresent your affiliation with a person or entity;

To interfere with or disrupt the Services or servers or networks connected to the Services;

To use any data mining, robots, or similar data gathering or extraction methods in connection with the Services;

To disseminate any viruses, worms, or otherwise harmful code; or

To attempt to gain unauthorized access to any portion of the Services or any other accounts, computer systems, or networks connected to the Services, whether through hacking, password mining, or any other means;

To submit or store Payment Card Industry data (such as credit card numbers) without using an authorized Dynamic Deck Pros payment integration, or to attempt to bypass the Company’s payment processing systems;

To disclose any types of information listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) or other relevant privacy regulations, including medical or health insurance information, education information, employment information, credit or debit card information, or any other financial information, driver’s license, or other government identification number;

To disclose or collect any types of information considered to be protected classification characteristics under California or other relevant law, including Age (if 40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth, and related medical conditions), sexual orientation, veteran or military status, and genetic information (including familial genetic information);

To disclose or collect any information defined by relevant laws as biometric information, or any information that falls within the definition of “special categories of data” under EU Data Protection Laws, “protected health information” under California or other relevant law or regulations. “Special categories of data” include, for example, information about an individual’s race, ethnic origin, politics, religion, trade union membership, genetics, biometrics, health, sex life, sexual orientation, or criminal records.

Our Service is not intended for and may not be used by individuals under 18 years of age. By registering for a Dynamic Deck Pros account, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into binding contracts. If you are registering on behalf of a company or organization, you represent and warrant that you have the authority to bind that entity to these Terms. Creating an account with false information is a violation of our Terms, including creating an account on behalf of others or persons under the age of 18.

7) NOTICES & MESSAGES; MARKETING & ADVERTISING

By using the Services, you consent to receive emails from us. These emails may include notices about applicable fees and charges, transactional information and other information concerning or related to the Services. These emails are part of your relationship with us. By requesting services as an Invitee from a Dynamic Deck Pros User, you consent to receive transactional emails related to your project (e.g. design confirmations, project updates, payment reminders, and construction schedule notifications). If, as an Invitee, you provide your phone number for text notifications, you also consent to receive SMS notifications from Dynamic Deck Pros related to your deck construction project and communications with the Dynamic Deck Pros User.

You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. You agree to keep your contact information up to date, and to monitor your email settings to ensure that you receive emails from us at your discretion and as necessary. If, as an Invitee and/or Dynamic Deck Pros User you do consent to the use of SMS notifications as described herein, you also agree to comply with the terms and conditions of the RingCentral Acceptable Use Policy when sending and/or receiving such SMS notifications.

The Company, through the Website, App and Intelligence Dashboard and Services, may engage in affiliate marketing whereby the Company receives a commission on or percentage of the sale of goods or services on or through the Website, App and Intelligence Dashboard. The Company may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation. This disclosure is intended to comply with the US Federal Trade Commission Rules on marketing and advertising, as well as any other legal requirements that may apply.

Consent to Receive Text Messages
You are not required to consent to receiving text messages from the Company. By providing your phone number and opting in, you consent to receive text messages from the Company regarding your inquiry, our services, or related legal matters. Message and data rates may apply. You can opt out at any time by replying “STOP” to any text message you receive from us. Please note that opting out may limit our ability to communicate with you regarding your case or services.

Information Sharing and Disclosure
We do not sell or rent your personal information to third parties. We do not sell, rent, release, or transfer your SMS consent or phone number to any third party for marketing purposes.

SMS Terms of Service
By opting into SMS from a web form or other medium, you agree to receive SMS messages from the Company. This includes messages for appointment scheduling, reminders, post-visit instructions, project notifications, and billing notifications. Message frequency varies. Message and data rates may apply. See our privacy policy at https://dynamicdeckpros.com/terms-conditions-of-use/. Text HELP for help, or reply STOP to opt out.

8) PRIVACY INFORMATION

Through Your Use of the Website, App and Intelligence Dashboard and Services, You may provide Us with certain information. By using the Website, App and Intelligence Dashboard or the Services, You authorize the Company to use Your information in the United States and any other country where We may operate.

1. a) Information We May Collect or Receive: When You register for an account, You provide Us with a valid email address and may provide Us with additional information, such as Your name or billing information. Depending on how You use Our Website, App and Intelligence Dashboard or Services, We may also receive information from external applications that You use to access Our Website, App and Intelligence Dashboard, or We may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.
2. b) How We Use Information: We use the information gathered from You to ensure Your continued good experience on Our website, including through email communication. We may also track certain aspects of the passive information received to improve Our marketing and analytics, and for this, We may work with third-party providers.
3. c) How You Can Protect Your Information: If You would like to disable Our access to any passive information We receive from the use of various technologies, You may choose to disable cookies in Your web browser. Please be aware that the Company will still receive information about You that You have provided, such as Your email address.

Children under the age of 18 are prohibited from using the Services. The Services are designed for adult homeowners and property owners seeking deck construction services and are not intended for use by minors.

9) ASSUMPTION OF RISK

The Website, App and Intelligence Dashboard and Services are provided for design, project planning, and communication purposes related to deck construction services. You acknowledge and agree that any information posted on Our Website, App and Intelligence Dashboard is not intended to be legal advice, engineering advice, architectural advice, or financial advice, and no fiduciary relationship has been created between You and the Company. You further agree that Your use of the design tools, AI Agent recommendations, and any services or products purchased through the Website, App and Intelligence Dashboard is at Your own risk. All construction work must comply with applicable local building codes, permit requirements, and safety regulations, and you are responsible for obtaining all necessary permits and approvals. The Company does not assume responsibility or liability for any advice or other information given on the Website, App and Intelligence Dashboard.

10) ACCOUNT SETUP

To use the Website, App and Intelligence Dashboard, you need to set up a Dynamic Deck Pros account. You may establish either a free account (“Free Account”) or a paid account (“Paid Account”). You are authorized by Dynamic Deck Pros to set up one Free Account only. Dynamic Deck Pros reserves the right to terminate any additional Free Accounts set up by you and any Free Accounts that have been inactive for over 6 months.

When you create an account, we collect registration-related information, which includes your email address and your name. Once you submit the required registration information, we alone will determine whether or not to approve your proposed account. If approved, you will be sent an email detailing how to complete your registration. For so long as you use the account, you agree to provide true, accurate, current, and complete information that can be accomplished by logging into your account and making relevant changes directly. You are responsible for complying with these Terms when you access this Website, App and Intelligence Dashboard, whether directly or through any account that you may set up through or on this Website, App and Intelligence Dashboard. Because it is your account, it is your job to obtain and maintain all equipment and services needed for access to and use of this Website, App and Intelligence Dashboard as well as paying related charges. You agree to choose a strong and secure password(s) and maintain the confidentiality of your password(s), including any password of a third-party site that we may allow you to use to access this Website, App and Intelligence Dashboard. Should you believe your password or security for this Website, App and Intelligence Dashboard has been breached in any way, you must immediately notify us at privacy@dynamicdeckpros.com.

Dynamic Deck Pros or our billing processors collect your billing information when you upgrade to a Paid Account. All information is protected in accordance with our Privacy Notice.

Your account belongs to you. However, Dynamic Deck Pros controls the URL(s) assigned to your account and may change or deactivate the URL(s) without prior notice. If your account is paid for by another party for you to use (for example, paid and managed by your employer), the party paying for your account has the right to control it, manage it, and get reports on your use of the Paid Account. The party paying for your account does not have rights nor access to your separate, personal account(s) that are not paid for nor managed by that party.

11) SUBSCRIPTION PERIOD AND SUBSCRIPTION FEES

You agree to pay all applicable fees related to your use of this Website, App and Intelligence Dashboard which are described fully on our pricing page. By providing a payment method, you expressly authorize us to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto at regular intervals, all of which depend on your particular subscription and utilized services.

The subscription period for Paid Accounts can be month-to-month, yearly, or another duration described more fully on our pricing page.

Paid Accounts are subject to fees based upon the account type you’ve selected. For renewals, Dynamic Deck Pros will automatically charge your payment method in the amount of the then-current fee for your type of account, plus applicable taxes. Each Renewal Term may include a price increase of the Consumer Price Index (“CPI”) + 3% unless we notify you of a different rate before each Renewal Term starts. All payments are non-refundable. To the extent that payment mechanisms are provided through third parties, you agree that Dynamic Deck Pros will have no liability to you arising out of the acts or omissions of such third parties. If applicable, you agree to maintain current billing information.

BY CREATING A PAID ACCOUNT, YOU CONSENT TO ALLOW DYNAMIC DECK PROS TO CHARGE YOUR PAYMENT METHOD, EITHER DIRECTLY OR THROUGH ITS PAYMENT PROCESSORS, FOR THE AMOUNTS DUE FOR YOUR INITIAL SUBSCRIPTION PERIOD AND FOR ADDITIONAL SUBSCRIPTION PERIODS UNTIL YOUR ACCOUNT IS CANCELED OR TERMINATED. PLEASE PRINT OUT THESE TERMS AND CONDITIONS FOR YOUR RECORDS.

12) RENEWAL AND CANCELLATION 

Paid Accounts will automatically renew for the same subscription period unless you cancel the account by the end of the then-current subscription period. You can cancel your account at any time within the Dynamic Deck Pros application by accessing the “billing” page, which is available under the “account” dropdown menu. Cancellation will be effective immediately. Please note that after you cancel your account, you may not be able to use or access the Platform, and you will not be entitled to a refund of any fees that you’ve paid.

14) FAIR USE

Dynamic Deck Pros’ Fair Use Policy builds on existing use restrictions and helps us ensure that the services can be used fairly by every customer. Certain Dynamic Deck Pros features, like notifications, may be aggregated and collectively sent from fewer email addresses or phone numbers. This means those features are used concurrently by a number of customers. If a single customer places disproportionately high demands on the services, it may adversely affect the Dynamic Deck Pros experience for other users. The vast majority of our customers use the service considerately and their usage levels don’t adversely impact service capacity. However, even the activity of a small number of customers who use the service inappropriately has the potential to significantly impact the service for other customers.

Customers’ usage of certain features like SMS notification is continuously monitored. Where a customer generates an exceptionally high load over a short period of time, Dynamic Deck Pros reserves the right to restrict usage, suspend access, or charge fees for excess usage in order to protect Dynamic Deck Pros’ platform and other customers’ usage. Only customers that consistently generate an exceptionally high load over a sustained period of time will be affected by this policy.

15) DATA LOSS

The Company does not accept responsibility for the security of Your account or content. You agree that Your use of the Website, App and Intelligence Dashboard or Services is at Your own risk.

16) INDEMNIFICATION

You alone are responsible for any violation of these Terms by you. You agree to indemnify and hold Dynamic Deck Pros, its parents, subsidiaries, affiliates, officers, agents, employees, contractors, and licensors harmless from any claim, demand, loss, or damages, including reasonable attorneys’ fees, resulting from: (i) your negligence or willful misconduct; (ii) your use of the Website, App and Intelligence Dashboard or Services in a manner not authorized by this Agreement; (iii) your violation of any applicable law or regulation; (iv) your breach of any representation or warranty made herein; or (v) any content you submit through the Services, provided that you may not settle any claim against Dynamic Deck Pros unless Dynamic Deck Pros consents to such settlement in writing, and further provided that Dynamic Deck Pros will have the right, at its option, to defend itself against any such claim or to participate in the defense thereof by counsel of its own choice.

You agree to defend and indemnify the Company and any of its affiliates (if applicable) and hold Us harmless against any and all legal claims and demands, including reasonable attorneys’ fees, which may arise from or relate to: (i) Your use or misuse of the Website, App and Intelligence Dashboard or Services; (ii) Your breach of this Agreement; (iii) Your conduct or actions; (iv) any content, designs, or information You submit through the Services; (v) Your violation of any applicable building codes, permits, or regulations; or (vi) any property damage or personal injury arising from construction work performed based on designs or specifications You approved through the Services. You agree that the Company shall be able to select its own legal counsel and may participate in its own defense, if the Company wishes.

15) LEGAL COMPLIANCE

You agree to comply with all applicable federal, state, and local laws, statutes, ordinances, building codes, zoning regulations, and permit requirements regarding your use of our Website, App and Intelligence Dashboard and any construction projects resulting therefrom. You acknowledge that you are responsible for obtaining all necessary permits and approvals for construction projects, and that Dynamic Deck Pros’ design services and project estimates are contingent upon all required permits being obtainable. Dynamic Deck Pros makes no representation or warranty that any proposed design will comply with local regulations or that necessary permits will be granted. Dynamic Deck Pros reserves the right to investigate complaints or reported violations of our Terms and to take any action we deem appropriate, including but not limited to suspending or canceling your User account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, e-mail addresses, usage history, posted materials, IP addresses, and traffic information, as allowed under our Privacy Notice. However, suspension or cancellation of your account shall not relieve you of any payment obligations for services already rendered or materials already ordered for your construction project. You agree to promptly notify Dynamic Deck Pros in the event that you are made aware of any unauthorized or illegal use of the Website, App and Intelligence Dashboard.

Intellectual Property.

Our Services may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos, and any and all intellectual property provided to you in connection with the Services, including but not limited to design templates, proprietary construction methods, construction techniques, software algorithms, and AI-generated content and recommendations (“Dynamic Deck Pros IP”). Your use of our Services does not constitute any right or license for you to use such service marks/trademarks. Our Website, App and Intelligence Dashboard are also protected under United States copyright laws. The copying, redistribution, use, or publication by you of any portion of our Website, App and Intelligence Dashboard is strictly prohibited. Your use of our Services does not grant you ownership rights of any kind in our Website, App and Intelligence Dashboard or Materials. However, upon full payment for design services, you receive a limited, non-exclusive, non-transferable license to use custom deck designs created specifically for your property solely for the purpose of constructing a single deck on the specified property. Dynamic Deck Pros retains all underlying intellectual property rights in design methodologies, templates, and construction techniques. You may not reproduce, modify, or use the designs for any other property or purpose without Dynamic Deck Pros’ prior written consent. Dynamic Deck Pros reserves all rights not expressly granted to you in this Agreement. Except for the limited rights and licenses expressly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to you or any third party any intellectual property rights or other right, title, or interest in or to the Dynamic Deck Pros IP.

16) THIRD-PARTY LINKS & CONTENT

Our Website, App and Intelligence Dashboard may contain links to third-party websites, including suppliers, material manufacturers, permit authorities, subcontractors, and other service providers. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with or sponsor such third-party websites. The inclusion of links within our Website, App and Intelligence Dashboard does not constitute any endorsement, guarantee, warranty, or recommendation of such third-party websites or their products or services. Dynamic Deck Pros has no control over the legal documents and privacy practices of third-party websites, and by using them, you may be giving those third parties permission to use or control your information in ways Dynamic Deck Pros would not. As such, you access any third-party websites at your own risk. You agree that the Company is not responsible or liable for any loss or damage caused as a result of your use of any third-party services linked to from our Website, App and Intelligence Dashboard, including but not limited to any materials, products, or services you may purchase from such third parties.

17) MODIFICATION & VARIATION

The Company may, from time to time and at any time with reasonable notice to You, modify this Agreement. You agree that the Company has the right to modify this Agreement or revise anything contained herein with respect to the use of digital services. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website, App and Intelligence Dashboard and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement. However, modifications to this Agreement shall not affect the terms of any executed construction contract or change order for physical construction services, which shall be governed by the terms in effect at the time of execution.

1. a) To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, You agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.
2. b) You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top of this Agreement to note modifications or variations. You further agree to clear Your cache when doing so to avoid accessing a prior version of this Agreement. You agree that Your continued use of the Website, App and Intelligence Dashboard after any modifications to this Agreement is a manifestation of Your continued assent to this Agreement.
3. c) In the event that You fail to monitor any modifications to or variations of this Agreement, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified Agreement.

18) ENTIRE AGREEMENT

This Agreement constitutes the entire understanding between the Parties with respect to any and all use of this Website, App and Intelligence Dashboard. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website, App and Intelligence Dashboard.

19) SERVICE INTERRUPTIONS

The Company may need to interrupt Your access to the Website, App and Intelligence Dashboard to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that Your access to the Website, App and Intelligence Dashboard may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime, provided that such downtime does not prevent You from accessing critical project information or communications necessary for an active construction project. In such cases, the Company will make reasonable efforts to provide alternative access to essential project documentation.

20) TERM, TERMINATION & SUSPENSION

The Company may terminate this Agreement with You at any time for cause, including but not limited to violation of these Terms, non-payment, or fraudulent activity. For termination without cause, the Company will provide thirty (30) days’ written notice, except where You have an active construction project in progress, in which case termination of access to digital services shall not affect the completion of such project under the terms agreed upon at project commencement, and You shall retain access to project-specific information and communications necessary for project completion. Upon project completion, this Agreement shall terminate as to all services. The Company specifically reserves the right to terminate this Agreement if You violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Company or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If You have registered for an account with Us, You may also terminate this Agreement at any time by contacting Us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.

21) NO WARRANTIES

THE WEBSITE, APP AND INTELLIGENCE DASHBOARD ARE PROVIDED “AS IS” AND DYNAMIC DECK PROS HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE DIGITAL SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. DYNAMIC DECK PROS SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO THE DIGITAL SERVICES, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. DYNAMIC DECK PROS MAKES NO WARRANTY THAT THE WEBSITE, APP AND INTELLIGENCE DASHBOARD WILL OPERATE WITHOUT INTERRUPTION, BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE. DYNAMIC DECK PROS STRICTLY DISCLAIMS ALL WARRANTIES WITH RESPECT TO ANY THIRD-PARTY INTEGRATIONS. NOTWITHSTANDING THE FOREGOING, THIS DISCLAIMER DOES NOT APPLY TO PHYSICAL CONSTRUCTION SERVICES, WHICH ARE SUBJECT TO APPLICABLE IMPLIED WARRANTIES UNDER STATE LAW, INCLUDING WARRANTIES OF WORKMANSHIP AND FITNESS FOR INTENDED USE. DYNAMIC DECK PROS WARRANTS THAT ALL CONSTRUCTION WORK WILL BE PERFORMED IN A WORKMANLIKE MANNER AND IN COMPLIANCE WITH APPLICABLE BUILDING CODES IN EFFECT AT THE TIME OF CONSTRUCTION. DYNAMIC DECK PROS PROVIDES A LIMITED WARRANTY ON CONSTRUCTION WORKMANSHIP FOR A PERIOD OF ONE (1) YEAR FROM THE DATE OF PROJECT COMPLETION, WHICH SHALL BE SET FORTH IN DETAIL IN THE EXECUTED CONSTRUCTION CONTRACT. THIS WARRANTY DOES NOT COVER DAMAGE CAUSED BY NORMAL WEAR AND TEAR, IMPROPER MAINTENANCE, ALTERATIONS BY OTHERS, ACTS OF GOD, OR FAILURE TO FOLLOW MAINTENANCE INSTRUCTIONS PROVIDED BY DYNAMIC DECK PROS. MATERIAL WARRANTIES ARE PROVIDED BY THE RESPECTIVE MANUFACTURERS AND ARE NOT EXTENDED BY DYNAMIC DECK PROS BEYOND THOSE PROVIDED BY THE MANUFACTURER.

THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE SERVICES ARE FREE OF PROBLEMS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES OR FROM US OR OUR SUBSIDIARIES/OTHER AFFILIATED COMPANIES WILL CREATE ANY WARRANTY. WE DISCLAIM ALL EQUITABLE INDEMNITIES.

22) LIMITATION ON LIABILITY

DYNAMIC DECK PROS WILL NOT BE LIABLE TO YOU OR OTHERS FOR ANY DAMAGES RESULTING FROM YOUR USE OF THE DIGITAL SERVICES OR YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY DOCUMENTATION TO OR FROM THE WEBSITE, APP AND INTELLIGENCE DASHBOARD. IN NO EVENT WILL DYNAMIC DECK PROS BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER DYNAMIC DECK PROS WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. 

IN NO EVENT WILL DYNAMIC DECK PROS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE USE OF DIGITAL SERVICES UNDER THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO DYNAMIC DECK PROS FOR DIGITAL SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (II) US $100.00. THIS LIMITATION DOES NOT APPLY TO LIABILITY ARISING FROM PHYSICAL CONSTRUCTION SERVICES, WHICH SHALL BE GOVERNED BY THE LIMITATION OF LIABILITY PROVISIONS IN THE EXECUTED CONSTRUCTION CONTRACT, OR IN THE ABSENCE OF SUCH PROVISIONS, SHALL NOT EXCEED THE TOTAL CONTRACT PRICE FOR THE CONSTRUCTION PROJECT GIVING RISE TO THE CLAIM.

THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE AGREEMENT BETWEEN YOU AND DYNAMIC DECK PROS AND SHALL APPLY TO ALL CLAIMS OF LIABILITY, EVEN IF DYNAMIC DECK PROS HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

23) GENERAL PROVISIONS:

1. a) LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.
2. b) Dispute Resolution and Arbitration; Class Action Waiver.

Please Read This Provision Carefully. It Affects Your Legal Rights.

This provision facilitates the prompt and efficient resolution of any dispute that may arise between you and us. Effectively, then, “dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to you (such as our licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.

This provision provides that all disputes between you and us will be resolved by binding arbitration because acceptance of these Terms constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. We prefer this because we believe arbitration is less drama-filled than litigation. To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Agreement and can award the same damages and relief as a court (including attorney’s fees). YOU AND DYNAMIC DECK PROS AGREE THAT ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

Pre-Arbitration Claim Resolution

For all disputes, you must first give us an opportunity to cure or resolve the dispute which is first done by emailing us at privacy@dynamicdeckpros.com. the following information: (1) your name, (2) your address, (3) a written description of your claim, and (4) a description of the specific relief you seek. If we do not resolve the dispute within 45 days after receiving your notification, then you may pursue your dispute in arbitration.

Arbitration Procedures

If this provision applies and the dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or we may initiate arbitration proceedings. JAMS, www.jamsadr.com, will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator. The arbitration will be commenced as an individual arbitration and will in no event be commenced as a class arbitration. This provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration. Because these Services and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit. You or we may initiate arbitration in either Utah or the U.S federal judicial district where you are located. For disputes related to physical construction services, arbitration shall be initiated in the federal judicial district where the construction project is located.

Class Action Waiver

Except as otherwise provided in this provision, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and Dynamic Deck Pros specifically agree to do so following initiation of the arbitration.

You understand and agree that by accepting this provision in these Terms, you and we are each waiving the right to a jury trial or a trial before a judge in a public court. If any clause within this provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this provision whose remainder will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire provision will be unenforceable, and the dispute will be decided by a court. This provision will survive the termination of your account with us or our affiliates and your discontinued use of this Website, App and Intelligence Dashboard. Notwithstanding any provision in this Agreement to the contrary, we agree that if we make any change to this provision (other than a change to the Notice Address), you may reject any such change and require us to adhere to the language in this provision if a dispute between us arises.

1. d) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by You. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by the Company, the rights and liabilities of the Company will bind and inure to any assignees, administrators, successors, and executors.
2. e) SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
3. f) NO WAIVER: In the event that We fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
4. g) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
5. h) NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
6. i) FORCE MAJEURE: The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
7. j) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions or concerns, please email Us at the following address: privacy@dynamicdeckpros.com.