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THIS TERMS OF SERVICE OR SERVICE AGREEMENT (as defined below) IS A BINDING CONTRACT AND GOVERNS THE USE OF AND ACCESS TO THE SERVICES BY YOU, YOUR STAFF AND END-USERS WHETHER IN CONNECTION WITH A PAID SUBSCRIPTION OR FREE TRIAL FOR THE SERVICES.

Table of Content

ACCEPTANCE OF TERMS

Appointy owns and provides various Sites, services, and software that facilitate online scheduling of appointments (collectively, the “Services“) via www.appointy.com and/or its sub-domains, mobile sites, mobile applications (collectively the “Sites”or “Appointy Sites”). In these Terms of Service, we refer to the applicable contracting entity, as specified in the ‘Contracting Entity and Applicable Law’ section, as “Appointy,” “us,” or “we”.

You”, “yourself”, “Business” shall refer to any natural person or any legal entity and its authorized Staff that subscribe or sign up for the Business Account or use the Services available at business.appointy.com. Appointy and the Business may be individually referred to as a “Party” and collectively referred to as the “Parties”.

By creating the Account with Appointy and accessing the Sites and the Services, you agree that you are authorized to accept the terms set forth below (the “Terms of Service“, or “Service Agreement or Agreement”) on behalf of yourself or the entity that you represent along with the Data Processing Addendum (DPA), any applicable SaaS Order Form, Privacy Notice and laws and government regulations applicable to Appointy’s business, during each Subscription Term..You represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent). Any and all use of the Services is subject to these Terms of Service. If you do not agree with all of the provisions of these Terms, do not access and/or use the Platform. By continuing to use the Services, you agree to be bound by these Terms of Service.

IF YOU ARE AN APPOINTY BUSINESS 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 APPOINTY INCLUDES PERSONAL DATA OF INDIVIDUALS LOCATED IN THE EUROPEAN ECONOMIC AREA, SWITZERLAND, AND THE UNITED KINGDOM.

Explanation

You agree to be bound by and adhere to these Terms of Service, and confirm to us that you have the authority to enter into this Service Agreement on behalf of your company. Your usage of our services will be taken to mean that you have accepted the Terms of Service, and agreed to be bound by them.

Modifications and changes to this Service Agreement
Appointy reserves the right, at its sole discretion, to change, modify, update, add, or remove portions of the Terms of Service at any time, with or without notice to you. Please check these Terms of Service, available on the Appointy Sites and under the “My Membership” section of your Appointy account or your registered email address, periodically for changes. Your continued use of the Services after the posting of any changes to the Terms of Service will signify your acceptance of those changes.

Explanation

We may change these terms at any time, so you need to check back here regularly to make sure you know the changes we’ve made, and understand the updated changes. Your continued use of the Services will signify your acceptance of these changes.

The parties acknowledge and agree that, by executing the Service Agreement, You enter into the Service Agreement on behalf of Yourself and, as applicable, in the name and on behalf of Your employees, representatives, consultants, contractors or agents who are authorized to use the Services for your benefit (“Authorized Affiliates”), thereby establishing a separate Service Agreement between Appointy and each such Authorized Affiliate subject to this provision of the Service Agreement. Each Authorized Affiliate agrees to be bound by the obligations under this Service Agreement and the Appointy Privacy Policy (to the extent this policy is applicable on them). All access to and use of the Services and Content by Authorized Affiliates must comply with the terms and conditions of the Service Agreement and any violation of the terms and conditions of the Service Agreement by an Authorized Affiliate shall be deemed a violation by Business.

Explanation

These Terms of Service are also applicable to the staff members who gain access to your account. You must make sure they are aware of and understand these Terms of Service, as well.

BY ACCEPTING THIS SERVICE AGREEMENT, EITHER BY (I) CLICKING A BOX INDICATING YOUR ACCEPTANCE; OR (II) BY EXECUTING AN ORDER FORM THAT REFERENCES THIS SERVICE AGREEMENT; OR (III) BY DIGITALLY OR MANUALLY SIGNING THIS SERVICE AGREEMENT, YOU AGREE TO THE TERMS OF THIS SERVICE AGREEMENT. IF YOU ARE ENTERING INTO THIS SERVICE AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “BUSINESS” OR “BUSINESS” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS SERVICE AGREEMENT AND YOU MAY NOT USE THE SERVICE

Explanation

By signing this Service Agreement or checking an “agree” box, you are agreeing to abide by the full terms of the legal Service Agreement.

It is your responsibility to use the Services properly and effectively. By using the Services, you warrant that you will use the Services only for the purposes advertised on the Appointy Sites, that you are a valid business desiring to use the Services to advertise your business and generate online appointments from End Users using the Services, and that any contact information you provide, such as email addresses and phone numbers, is valid and active contact information for you. Any breach of this section will result in termination of your account. We reserve the right to pursue any remedies available to us at law or in equity for any breach of this Section.

Explanation

You are responsible for using Appointy properly and effectively, as advertised. You confirm that your business identity is true and genuine. This Service Agreement can be terminated if the above information is found to be incorrect or untrue.

DEFINITIONS

  • “Affiliate” and/or “Subsidiaries”: with respect to a party to this Agreement, any entity that directly or indirectly controls, is controlled by, or is under common control with such party, where “control” means the possession, directly or indirectly, of the power to direct, or cause the direction of the management and policies of such entity, whether through the ownership of voting securities, by contract, or otherwise.
  • “Aggregate Data”: refers to the aggregate Business Data, in anonymized form, solely for statistical purposes and for improving the functionality and operation of the Services.
  • “Appointy Data”: Proprietary Information of Appointy which includes non-public information regarding features, functionality and performance of the Service.
  • “Business”: means any natural person or any legal entity and its authorized Users that subscribe and use the Appointy Services to reach out to their End Users.
  • “Business Account”: means the business account created by a Business through business.appointy.com to use the Services through a trial or through paid membership with Appointy.
  • “Business Data”: Proprietary Information of Business which includes non-public, electronic data or information provided by Business to Appointy to enable the provision of the Services, including but not limited to the Personal Information of Staff and End Users (“Personal Information in Business Data”), submitted to the Services by Business or its Staff through the Business Account in connection with Business’ use of the Services, the reports and analyses provided to the Business, derived from its use of the Service.
    • Personal Information in Business Data: refers to any information that identifies or can be used to identify an individual directly or indirectly, including but not limited to name, email address, phone number, and any other information collected or received by Appointy in connection with the Services.
  • “Content”: Materials, including but not limited to text, software, data, images, graphics, photos, audio, audio-visual, videos, and content of any nature provided by Appointy (“Content“).
  • “End User”: refers to End Users or end users of Business who schedule or book appointments through the end user facing interface provided by Appointy Sites who may or may not have registered with Appointy. End Users sign this End User Agreement when they schedule or book appointments with the Business which governs their use of the Services and their legal relationship with the Appointy Business.
  • “End User Data”: Any data including Personal Information in End User Data submitted by End User through their use of the Appointy Services while making booking/appointments with the Business.
  • “End User Account”: refers to the access account created for the End Users through booking.appointy.com to interact with Appointy Business. Terms related to creation and use of such End User Account is provided here.
  • “Staff”: means individual employees or agents of Business who are authorized by Business to use the Service on its behalf.

SCOPE OF SERVICE AGREEMENT

These Terms of Service cover your use of the Services, including, but not limited to, the process by which consumers schedule appointments with you as well as your management of such appointments through the Services, and you agree that these Terms of Service apply to your use of the Services. By using the Services, you also consent and agree to the terms of the Appointy Privacy Policy, and all other Appointy legal policies applicable to you, as stated in this Service Agreement.

Explanation

This Service Agreement governs how you use Appointy. Additionally, by using Appointy, you also agree to our Appointy Privacy Policy to the extent it is applicable on you.

DIRECT RELATIONSHIP BETWEEN APPOINTY BUSINESS AND END USERS

End User agrees that apart from their limited use of Appointy Sites to book and schedule appointments with Appointy Business under this End User Agreement, there is no direct or legal relationship between Appointy and End User. All settlement with respect to all the payments/refunds/cancellations of services that Appointy Business or Businesss are extending to the End User shall be managed directly between Appointy’s Business and such End User in accordance with the terms and conditions agreed upon between Appointy’s Business and such End User.

Appointy shall bear no responsibility whatsoever with regards the commercial or legal relationship between Appointy Business and End Users.

CHANGES TO THE SERVICES

Appointy has the right to change or modify, upgrade, add to, or discontinue the Services or any portion or feature thereof at any time without notice. Appointy also reserves the right to assign any rights, licenses, or obligations arising out of or relating to these Terms of Service without restriction.

Explanation

We may change or discontinue particular features or functions of our Services at any time.

REGISTRATION/SIGN UP AND SETTING UP BUSINESS ACCOUNT

You must register or sign up to access and use the Services at business.appointy.com here. If you are registering or signing up on Appointy on behalf of a company, by registering you agree that you have the requisite authority to register on behalf of such company. The email address you provide during your registration will be the login for your Appointy account. Each account must have a unique email address and you agree that you shall not attempt to create more than one account under the same email address.

Explanation

If you are registering on behalf of an organisation, you should have the permission from your organisation to do so. Your account will be registered under the email address you provide during the sign-up. You agree that you will not create multiple accounts using the same information.

You represent that any information you provide during registration or signing up or at any time thereafter is true, accurate and complete and that you will update all such information as necessary to maintain its truth, accuracy and completeness. Failure to do so shall constitute a breach of these Terms of Service. You shall be responsible for maintaining the confidentiality of your password, and will be solely liable for all actions taken via your account and under your password, whether or not made with your knowledge or authority. You further agree that any credit card or payment gateway information you provide during registration or signing up or at any time thereafter is valid and that you have authority to authorize payments from such credit card or accounts.

Explanation

You confirm that all information you’ve provided is correct/accurate, and valid. You are responsible for keeping your password safe, and all actions undertaken under your account. You confirm that the payment details provided by you are either yours, or you have authority to use them.

By registering, you agree that you will use the Services only for the purposes advertised on the Appointy website or in other marketing material published by Appointy, that you are a valid business desiring to use the Services to advertise your business and generate online appointments from consumers using the Services, and that any contact information you provide, such as email addresses and phone numbers, is valid and active contact information for you.

Explanation

You confirm that you are a genuine business and agree to using Appointy only for the purposes described on our website, and that the contact information you’ve provided is valid and active.

THE APPOINTY ADVERTISING NETWORK

In order to maximize the exposure of your business online and the number of appointments scheduled through the Services, Appointy may, at our sole discretion, enter into Service Agreements with third party Sites and businesses, create a profile page for your business on the Appointy website or on third party Sites, optimize any current or future Internet listings for your business to take advantage of search engine marketing, lead generation or social networking opportunities, and perform any other acts we deem appropriate to increase traffic and use of the Services (the “Appointy Marketing Actions“).

The “Appointy Advertising Network” will include any and all search engine marketing, lead generation or social networking that Appointy undertakes on your behalf or to promote the Services and generate traffic to increase the number of appointments made through the Services, including but not limited to marketing and advertising effected through any of the Appointy Marketing Actions.

From time to time, at its sole discretion, Appointy may make specific offers to you to participate in the Appointy Advertising Network. The terms and conditions of these offers will be available to you at the time of the offer and acceptance of the offers will be at your discretion.

Explanation

This describes how we may leverage our advertising network to allow additional End Users to discover your business. When you participate, you might be presented with additional offers specific to these advertising networks.

FEES; PAYMENT TERMS

You agree to pay all charges as set forth on the Appointy website and/or in these Terms of Service. You agree that the address and email address you provide in your account settings are valid business addresses and that Appointy may invoice you at such addresses or through other electronic or facsimile communications. All invoices will also be accessible through your My Membership page.

Any charge invoiced to you by Appointy is exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on Appointy’s income. All fees paid to Appointy by you pursuant to these Terms of Service are nonrefundable.

Appointy reserves the right, at any time and at its discretion, to change any fees and any other pricing terms. Any changes shall be posted on the Appointy website and will be effective immediately.

Explanation

This section describes your payment obligations. You agree to pay all charges listed on the Appointy Sites, and are also responsible for the payment of any taxes, levies or duties that may be applicable. All fees are non-refundable and must be paid in advance.

PAYMENT AUTHORIZATION; INVOICING

Appointy will invoice you on a monthly basis, in advance, for all amounts due to Appointy. Each invoice shall set forth the fees to be incurred by you in the forthcoming month for the Subscription Term. (a “Appointy Invoice”).

Subscription Term” means, the period stated during which Business subscribes to the Services.

By providing a credit card or any other payment information either during registration or at any time thereafter, you warrant that such credit card or payment gateway is good and valid, and you authorize Appointy to charge such credit card or payment gateway for amounts due under the Appointy Invoices.

Explanation

Appointy may invoice you on a monthly basis for charges payable to us. You confirm that Appointy has the permission to charge the credit /debit card provided by you for the payments due to Appointy, and that any payment information (credit /debit card) provided by you is valid.

Trial: Appointy offers a fully functional 14 day free trial so you can assess the suitability of the service for your requirements. This trial can be extended upon request if you need more time to assess the software. For these reasons we do not offer refunds once you have signed up for a paid plan and your credit card has been charged. In order to be fair, no exceptions are made. Upon the expiration of Business’s free trial, the Business can still operate the Platform on a free basis with the limited features available in the free plan. If the Business decides to delete their account at the end of the free trial, then Business must export Business Data before the end of the such deletion of the account or their Business Data during the trial period will be permanently deleted. Notwithstanding anything to the contrary in this Agreement, Appointy will have no obligation to maintain, store or otherwise retain Customer Data if the Business decides to delete their account before or at the end of the trial period.

Explanation

All payments made are non-refundable.

NONPAYMENT

If, for whatever reason, Appointy charges your credit card or payment gateway pursuant to Section 7, above, and the payment does not go through, Appointy reserves the right to suspend your access to the Services. If you fail to pay the applicable invoice within 10 days of the date of suspension, or to otherwise negotiate a payment plan for all amounts then due, Appointy reserves the right to cancel your account. In the event Appointy cancels your account for non-payment, all amounts due and unpaid from you to Appointy for use of the Services shall become immediately due and payable. In the event of non-payment and the exhaustion of the procedures set forth in this section, Appointy reserves the right to seek payment using any remedies allowed to it by law.

Explanation

If you fail to pay for your subscription fee, or any due payments, we have the right to terminate or suspend your subscription. We reserve the right to pursue any outstanding payments as per prevailing laws.

DISPUTED CHARGES

If you wish to dispute any charge invoiced to you by Appointy, you agree to submit the disputed charge to us no later than five (5) business days after the disputed charge has been charged to your credit card or payment gateway. You may submit a disputed charge by contacting us by email, telephone, or mail. We agree to review your message and work with you to find a timely solution.

Explanation

You must inform us within 5 days of any charges that you wish to dispute.

ELECTRONIC COMMUNICATIONS

Appointy reserves the right to contact you from time to time for feedback about the Services and for service and support related issues. We reserve the right to contact you through e-mail, facsimiles, text or voice messages, or notices posted on the Appointy Sites. Notices will be deemed effective at the time they are sent by Appointy or as of date they are posted, regardless of whether you actually read any such notices.

Explanation

You permit Appointy to contact you from time-to-time with information/communication pertaining to your Appointy account through e-mail, facsimiles, text or voice messages, or notices posted on the Appointy Sites.

You may opt-out of receiving notifications regarding appointments through the Services by logging into your account and changing the notification settings; opting-out of such notifications, however, it will limit the effectiveness of the Services. You may not opt-out of receiving notifications relating to support of the Services or other notices as required by law.

Explanation

You have the ability to opt-out from receiving some notifications from your account settings. Mandatory notifications cannot be opted-out of.

You consent that any emails, surveys, other information or feedback you provide to Appointy through the Services or via any other medium, except for Personally Identifiable Information or Personal Data, as defined in the Appointy Privacy Policy, can be used by Appointy in any manner, including but not limited to for testimonials, reviews and ratings on Appointy or third party Sites.

Explanation

Any non-personally identifiable information communicated to us can be utilised by us in any manner. For example – as testimonials or reviews.

INTELLECTUAL PROPERTY

We grant you a license to use the Services in accordance with these Terms of Service. You agree not to use, copy, modify, reformat, rent, lease, lend, frame, create derivative works, publicly display, download, store, reproduce, transmit, provide links to, republish, upload, post, reprocess, make commercial use of, or distribute the Services. We reserve all rights not expressly granted in these Terms of Service.

We retain all rights in and to, including without limitation, the copyrights, patents, and trade secrets, trademarks or service marks contained in or relating to the Services (collectively the “Appointy Intellectual Property”) that are the exclusive property of Appointy and/or its licensors. We do not transfer any rights in or to the Appointy Intellectual Property to you.
Neither Party will acquire any right, title or interest in any Intellectual Property belonging to the other Party.

Content of the Services that incorporates or includes any of the Appointy Intellectual Property may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Appointy or the rightful owner, as applicable.

Explanation

While we have granted you a license to use our product, we are the sole owner of all intellectual property rights (such as trademarks, copyright, patents, etc.) in our product and related services. This Service Agreement does not convey any ownership or right to use, copy, or alter our product in any way, other than as specifically stated in this Service Agreement. Similarly, this Service Agreement does not give us any rights or ownership to your intellectual property.

CONFIDENTIAL INFORMATION

Each Party understands that the other Party has disclosed or may disclose business, technical or financial information relating to the other Party’s business. Either Party will not disclose or use any Confidential Information of the other Party except: (a) as reasonably necessary to perform its obligations or exercise any rights granted pursuant to this Service Agreement; (b) with the other Party’s prior written permission; or (c) to the extent required by law or order of a court or other governmental authority or regulation. Each Party agrees to protect the other Party’s Confidential Information in the same manner that it protects its own Confidential Information of like kind, but in no event using less than a commercially reasonable standard of care. Confidential Information will not include any information that: (a) is or becomes generally known to the public without breach of any obligation owed to the disclosing Party; (b) was known to a Party prior to its disclosure by the other Party without breach of any obligation owed to the other Party; (c) was independently developed by a Party without breach of any obligation owed to the other Party; or (d) was or is received from a third party without breach of any obligation owed to the other Party. For clarity, nothing in this Section will restrict Appointy with respect to Appointy Data or Aggregated Data.

Explanation

This describes the confidentiality obligations we have to one another under the Service Agreement. We will always keep your confidential information private. The only case in which we may disclose such information is if it is required by law.

BUSINESS RESPONSIBILITIES

  • General: You are responsible for ensuring that you can fulfill all appointments made through the Services and for communicating changes directly to your End Users. You are responsible for all activity occurring during your use of the Services, including that of your End Users. All such activity must comply with all terms laid out herein and any applicable Order Form and any applicable local, state, national and international laws, regulations and treaties (collectively “Laws”) governing your use of the Services, including all applicable Laws relating to export restrictions, data privacy, international communications and transmission of technical or personal data. You are responsible for managing availability for the online scheduling of appointments including settings for Staff and Services, bookable days and times for Staff and Services, and lead times as may be appropriate to prevent double-bookings and other events which would adversely affect your End Users and their experience with the Services. You are responsible for reviewing your online appointments often and regularly. If you cannot honor any appointment made through the Services, you agree to promptly communicate such change to the relevant End Users.
    Explanation

    You are responsible for actions and communications undertaken under your account. This includes actions and communications carried out by all users with user accounts under your subscription. You and your users must follow all laws, all the terms of this Service Agreement, and the terms of the order form (if any). If you are aware of any illegal or unauthorized uses of your account by anyone, you are obliged to report it to us as soon as possible. You are responsible to maintain your schedule and availability in your Appointy account.

  • Responsibilities for the Staff: The Business is responsible for Staff’s compliance with this Service Agreement. The Business shall: (i) be solely responsible for the accuracy, quality, integrity and legality of Business Data and of the means by which it acquired Business Data (ii) use reasonable efforts to prevent unauthorized access or use of the Services, including the use of associated Staff Accounts, by employees, Users, and any third parties; (iii) use the Services and Content only in accordance with these terms and all attached or incorporated Order Forms; (iv) notify Appointy within twenty-four (24) hours of any unauthorized use or any other known or suspected breach of security pertaining to the Service or the Content; and (v) use reasonable efforts to immediately stop any copying or distribution of Content that is known or suspected by the Business, its employees, third parties or its Staff.
    You will ensure all usernames and passwords are kept confidential. Your use of Appointy is in accordance with these terms. You will notify Appointy immediately of any unauthorized access or breach.
  • Restrictions: You may not use the Services in any manner that is illegal or harmful to the Services. Among other restrictions, you agree that you shall not, nor shall you allow any third party to:
    • Use the Services through unauthorized interfaces or protocols;
    • Transmit information that infringes the rights of others or is abusive, spam, pornographic, violent, racist, discriminatory, offensive, vulgar, obscene, defamatory, invasive of personal privacy, harassing, threatening, or otherwise objectionable;
    • Translate, reverse-engineer, decompile, disassemble, modify, or make derivative works from the Services or Services software (accept as applicable law expressly permits);
    • Remove, obscure or alter any notices or indications of rights in or to the Appointy Intellectual Property;
    • Interfere with, or attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from any Appointy servers;
    • Take any action that imposes an unreasonable or large load on our infrastructure;
    • Upload invalid data, viruses, worms, or other harmful software to the Services;
    • Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Services, unless expressly permitted by Appointy;
    • Use the Services in a way that disables the Services or prevents or inhibits anyone from using the Services; or
    • Impersonate any person or entity in order to use, or through use of, the Services.
    Explanation

    You are only allowed to use the Services in accordance with this Service Agreement. You are not permitted to attempt to modify or reverse-engineer the product. You are also not permitted to sell, resell, transfer or sublicense it to a third-party. You promise to not use Appointy in an illegal or harmful manner. We reserve the right to suspend the Business Account and/or terminate your services with Appointy if the foregoing section is violated.

BUSINESS DATA OBLIGATIONS

  • Business is solely responsible for collecting, inputting and updating all Business Data while using the Services and is responsible for its accuracy, quality, integrity, legality, reliability, appropriateness. Business shall ensure that the Business Data does not (i) include anything that actually or potentially infringes or misappropriates the copyright, trade secret, trademark or other intellectual property right of any third party, or (ii) contain anything that is obscene, defamatory, harassing, offensive or malicious.
    Explanation

    Appointy and its Subsidiaries and Affiliates are not responsible for the integrity and accuracy of the Business Data that you see on Appointy Sites.

  • Subject to the terms of this Agreement, Business hereby grants to Appointy and its Subsidiaries and Affiliates a non-exclusive, worldwide, royalty-free right to process the Business Data solely to the extent necessary to provide the Services and perform all related obligations owed to the Business under this Agreement, or as may be required by law.
  • Appointy and its Subsidiaries and Affiliates do not own Business Data submitted. Appointy is not responsible or liable for the deletion, correction, destruction, damage, loss, or failure to store any Business Data. You agree to indemnify and hold Appointy and its Subsidiaries and Affiliates harmless from any damage, loss, claim, complaint (legal or End User specific), demand, or cause of action for any issue arising from Business Data, deletion, damage, use or misuse, except to the extent that Appointy is solely responsible for deletion or damage not related in any way to Business’s breach of the Service Agreement.
    Explanation

    We are not responsible for resolving or intervening in any dispute over Your Business Data.

  • Downloading Business Data during the Services and post termination of Account:
    The Services enable you to download the Business Data during the term of the Subscription in a structured, commonly used, and machine-readable format, by way of the requesting such copy from Us with a written notice. You acknowledge and agree that Appointy has no obligation to retain Business Data after termination of this Service Agreement for any reason. No later than one hundred and eighty (180) days from termination of this Service Agreement for cause or no cause, Appointy will delete and remove all Business Data without liability. Upon termination for cause, Your right to access or use your Business Dataand the Services immediately and automatically ceases.

    Explanation

    If you want to download your data after the termination of your Service Agreement, you can do so by sending us a request. After you delete your account, the data removal process will be initiated. We will guarantee that all your data will be permanently removed from our system no later than 180 days after the termination of your Service Agreement.

    You grant Appointy and its Subsidiaries and Affiliates the right to aggregate User Data, in anonymized form, solely for statistical purposes and for improving the functionality and operation of the Services.

    Explanation

    We will own all Aggregated Data. Such data will be anonymized and would not contain any personally identifiable information or personal data.

    When using the Services, you may be exposed to User Submissions from a variety of sources, and Appointy is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions, which may be inaccurate, infringing, offensive, indecent, or objectionable.

PERSONALLY IDENTIFIABLE INFORMATION (PII) IN BUSINESS DATA

Personal Information in Business Data: Business hereby acknowledges and agrees Appointy’s performance of this Service Agreement may require Appointy to process, transmit and/or store Business PII Data or the personal data of Business employees. By submitting such personal data to Appointy, Business agrees that Appointy may process, transmit and/or store personal data only to the extent necessary for enabling Appointy to perform its obligations under this Service Agreement. In relation to all such personal data provided by or through Business to Appointy, Business will be responsible as data controller and Appointy will be responsible as a data processor (or any equivalent nomenclature used to convey the role of a data controller or a data processor respectively) for complying with all applicable data protection or similar laws that regulate the processing of personal data.

The Parties agree that Appointy is a data processor, per the meaning given to such term in The General Data Protection Regulation of the European Union, and Directive 95/46/EC of the European Union.

Explanation

You are ultimately in control of the data submitted to your account. You, not us, determine the purposes for which the data is used.

Business acknowledges and agrees that it is Business’s obligation to inform Business’s End Users of the processing of Business Data pursuant to this Service Agreement and to ensure that such End Users have given any necessary consent to such processing as required by all applicable data protection legislations.

Business is solely responsible for determining the purposes and means of processing such personal data by Appointy under this Service Agreement, including that such processing according to Business’s instructions will not place Appointy in breach of applicable data protection legislations.

Appointy will process Business Data in accordance with its Data Processing Addendum and applicable data protection legislations. Appointy uses appropriate technical and organizational measures in the platform to protect the Business Data from unauthorized access, processing, loss, or disclosure.

IF YOU ARE A BUSINESS OR STAFF LOCATED IN THE EUROPEAN ECONOMIC AREA, SWITZERLAND, OR UNITED KINGDOM, THE DATA PROCESSING AGREEMENT ACCOMPANIES THESE TERMS AND SETS FORTH OTHER TERMS OF OUR AGREEMENT THAT APPLY SOLELY TO THE EXTENT ANY INFORMATION YOU PROVIDE TO APPOINTY INCLUDES PERSONAL DATA OF INDIVIDUALS LOCATED IN THE EUROPEAN ECONOMIC AREA, SWITZERLAND, AND THE UNITED KINGDOM.

Explanation

By accepting this Service Agreement, you also agree to our Data Processing Addendum. You can opt out of the Data Processing Addendum by contacting us. If you opt out, you cannot use our Services to process personal information governed by European privacy laws.

SUB-PROCESSORS AND SECURITY OF BUSINESS DATA

  • Business Data Protection
    Appointy agrees to implement and maintain appropriate and commercially reasonable technical, physical, and administrative security controls reasonably designed to protect the confidentiality, integrity and availability of Business Data.

    Explanation

    Security is a top priority for us. We safeguard the security of our systems and operations at all levels and carefully monitor our servers for possible security issues.

  • If Appointy becomes aware of any actual unlawful or unauthorized loss, disclosure, alteration of, or access to Client Data processed in the Services (each a “Security Incident“), Appointy will promptly notify you of each Security Incident and take reasonable steps to mitigate the effects of the Security Incident(s).
    Explanation

    We will notify you if there is a security incident involving your data.

  • Sub-processors or Trusted Vendors: You agree that Appointy may make Business Data available to vendors assessed, approved, and engaged by Appointy who can competently provide services to Appointy and be trusted with access to limited Business Data as necessary in order to fulfil one or more specific functions within the Services, who are engaged by Appointy for the specific, limited purpose of helping to provide the Service. Trusted Vendors are bound by data security and privacy covenants no less restrictive than those contained in this Service Agreement. Business hereby confirms and provides general authorization for Appointy’s use of the sub-processors listed within Appointy’s Sub-processor Policy.

    Trusted Vendors are approved on a case-by-case basis, are obligated to comply with industry-standard security frameworks or pass a security evaluation, and agree to confidentiality covenants no less restrictive than those contained in this Service Agreement. Trusted Vendors may be located in countries outside of the United States, including countries which the European Commission has not found to provide an adequate level of data protection in national law.

    Explanation

    We may use trusted vendors to assist with our product operations. We carry out a rigorous selection process when picking our vendors. These vendors must be able to demonstrate their ability to rigorously protect any data they come into contact with.

    The Parties agree that Appointy is a data processor, per the meaning given to such term in The General Data Protection Regulation of the European Union, and Directive 95/46/EC of the European Union.

    Explanation

    You are ultimately in control of the data submitted to your account. You, not us, determine the purposes for which the data is used.

DMCA NOTICE

Appointy believes in preventing and deterring unauthorized infringement of copyrighted materials. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement or that there is infringing material available through the Services, please notify Appointy’s copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”). For your complaint to be valid under the DMCA, you must provide the following information in writing:

  • An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
  • Identification of the copyrighted work that you claim has been infringed;
  • Identification of the material that is claimed to be infringing and where it is located on the Appointy website;
  • Information reasonably sufficient to permit Appointy to contact you, such as your full name, address, telephone number, and e-mail address;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
  • A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to legal@appointy.com

Explanation

Our legal obligations and duties to you under the Digital Millennium Copyright Act of 1998.

LINKS TO THIRD PARTY SITES

You may encounter hypertext links to Sites operated by parties other than Appointy during your use of the Services and on the Appointy website. Appointy does not control such Sites and is not responsible for nor can guarantee the content of such Sites. Unless otherwise explicitly stated, the inclusion of any hypertext links to such Sites in the Services or on the Appointy website does not imply any endorsement by Appointy of the material on such website or any association with their operators. You further acknowledge and agree that, Appointy shall not be responsible or liable, directly or indirectly for any damage or loss caused or alleged to be caused by in connection with use or reliance on any such content, services available on or through any such site and resource.

Explanation

Appointy is not responsible for any content or services on any other website, other than Appointy itself.

APPOINTY INTEGRATION

Appointy proprietary computer software applications that are hosted by Appointy or are downloaded by the Business or its Users, and allow connection between non-Appointy software applications and the Service. Some Integrations are free “plug-ins” and others are fee-based (“Integrations”). Appointy either owns all right, title, and interest in and to the Integrations, or it may license the rights. Some Integrations, in the sole discretion of Appointy, are offered free of charge to the Business and some Integrations must be licensed by the Business as add-on services under the Subscription, for an additional fee.

The Business acknowledges and agrees that Appointy, simply by virtue of the Business licensing or using an Appointy Integration, does not make Appointy a party to any relationship among the Business, its Users, and the entity providing any such third-party software application with which the Integrations interoperates. Any claim brought pursuant to such relationship will fall under the right of Appointy to be indemnified by the Business for any claim brought by a third party in accordance with this Service Agreement.

By using an Integration, the Business instructs and grants permission to Appointy to allow the entity providing any such third-party software application with which the Integration interoperates to access Business Data as required for the interoperation of such third-party software application with the Service. Appointy is not responsible for any disclosure, modification, deletion, or other processing of Business Data resulting from access by the entity providing such third-party software application.

Explanation

When you integrate your account with a third-party app, you are fully responsible for all activities, data transfers and processes that result from the integration. We do not act as an intermediary between you and the third-party application and we have no legal involvement in your relationship with them.

PAYMENT INTEGRATION

If the Business elects to utilize the Payment Gateway integration feature(s) of the Services, then the following additional terms shall govern the Business’s use of such feature(s).

Where the Service interoperates with the Business’s Payment Gateway account, Appointy is not a party to any transaction(s) between Payment Gateway and the Business. Appointy does not process payment card or other financial data associated with such transaction(s). Appointy is not responsible for the security of any payment card data submitted to the Service by third parties. The Business is advised to read the Terms of Service of the Payment Gateways they intend to use.

Explanation

When you integrate Appointy with third party Payment Gateway services to collect payments as an integral part of your booking process, you establish and maintain a relationship directly with the Payment Gateway service. We do not act as an intermediary between you and the Payment Gateway. These Payment Gateway services remains responsible for the security of any payment data processed by their service.

COMPLIANCE WITH LAWS

At all times, you shall comply with:

  • All Laws. All local, state or federal laws, statutes, rules, regulations, or orders, including any Laws governing the use, sale, and/or distribution of alcohol, and any Laws governing gift cards, coupons, and/or gift certificates; and,
  • Unfair Competition Laws. All laws that prohibit false, deceptive or unfair advertising or disparagement; and
  • Intellectual Property Laws. All laws regarding the copyright, trademark, or other intellectual property rights or rights of privacy or publicity of any third party; and,
  • Gift Card, Gift Certificate and Abandoned Property Laws. All applicable laws, including the Credit Card Act of 2009 and any state or local laws governing the imposition of expiration dates, service charges, dormancy fees or other terms and conditions of the Order. You shall allow the Consumer to use the Order for Services with You for the amount paid by Consumer for the Order (i.e. the cash or redemption value of the Order) for the applicable term specified under applicable state or federal laws and shall allow redemption refund of the amount paid for the Order as required by applicable state or federal laws. To the extent required by applicable escheat or abandoned or unclaimed property laws, You shall be solely responsible for and agree to report and pay over to the applicable local, state or federal governmental agency any unredeemed cash value of any Order issued under this Service Agreement. You are responsible for keeping track of the cash amount paid by the Consumer for the Order and any unredeemed balance of that cash amount to ensure compliance with this Service Agreement. Furthermore, you agree that so long as an appointment is made for services before the expiration date of the Order, the Order will be fully honored without restriction even though the services may be completed after the expiration date.
Explanation

It is your responsibility to comply with all applicable laws, at all time. This includes any laws governing the sale of gift cards, sale of gift certificates, sale of coupons, unfair competition laws, or intellectual property laws.

TERMINATION

You may terminate your Appointy account by stopping the use of the Services. The fee paid by you till date for the Services will not be refunded.

Either Party may terminate the Service Agreement for cause (i) upon thirty days written notice to the other party of a material breach and if such breach remains uncured at the expiration of such period, the non-defaulting party shall terminate the Service Agreement with immediate effect or (ii) with immediate effect if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.

Upon termination of your use of the Services for any reason, all of your rights to access and use any and all parts of the Services shall immediately terminate. In the event of such termination, you agree to remove any and all Content from all of your hard drives and any other storage media and to destroy all copies of the Content in your possession.

Explanation

Once this Service Agreement has been terminated, you can no longer use Appointy and its services. You must also destroy any data originated from Appointy that you hold.

OUR RESPONSIBILITIES

Subject to the terms and conditions laid out herein, Appointy agrees (i) to provide the Service to the Business and grants to the Business a limited, non-exclusive, non-transferable, non-sublicensable, revocable, worldwide license to use the Services, according to the terms and conditions of all included Subscriptions, solely for the Business’s own business purposes; and (ii) We may provide to the Business commercially reasonable technical support via telephone and email As defined in the Business’s Subscription Plan.

Explanation

You have the right to use our product for your own purposes only and you may not give this right to anyone else (except for the users that you have set up as part of your subscription).

Appointy is not obligated for providing assistance or support to you, including error corrections, upgrades, support, updates, bug fixes, enhancements, or other types of support. You agree that Appointy has no liability or responsibility for the storage or deletion of any User Submissions. Appointy reserves the right, but not the obligation, to remove any User Submissions at its discretion and/or terminate a user account without giving an explanation or cause. We may monitor your use of the Services, to the extent permitted by law, to ensure compliance with these Terms of Service, satisfy legal requirements, or protect our rights and the right of others.

INDEMNIFICATION

The Business shall indemnify and hold Appointy and its parent organizations, Affiliates and Subsidiaries, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorney’s fees and costs such as expert witness costs, witness costs and the like) arising out of, or in connection with (i) claims alleging that use of the Business Data infringes the rights of, or has caused harm to, a third party; (ii) a claim which, if true, would constitute a violation by the Business of the Business’s representations and warranties above, or (iii) a claim arising from the breach by the Business or the Business’s users of this Service Agreement, provided in any such case that Appointy (a) gives written notice of the claim promptly to the Business; (b) gives the Business sole control of the defense and settlement of the claim (provided that the Business may not settle or defend any claim unless the Business unconditionally releases Appointy of all liability without requirement of any type of payment and such settlement does not affect Appointy’s business or Service); (c) provides to the Business all available information and reasonable assistance; and (d) has not compromised or settled such claim.

Explanation

If we are sued by another party as a result of something you’ve done, you’ll cover the costs.

SOLE REMEDY

Your only remedy for any dispute with Appointy is to stop using the Services.

CONTRACTING ENTITY AND APPLICABLE LAW/ JURISDICTION

Your physical address determines which Appointy entity you are contracting with for the Appointy Services. For this Service Agreement, “located in” means your shipping or physical address. If you are located in North America, then you are contracting with Appointy Software, Inc and this Service Agreement is governed by the laws of the State of Delaware, U.S.A. without reference to conflicts of law principles.

For contracts with Appointy Software, Inc., both parties consent to the exclusive jurisdiction and venue of the federal or state courts in the State of Delaware U.S.A. for all disputes arising out of or relating to the use of the Services.

If you are located in any country other than North America, then you are contracting with Appointy Global PTE and this Service Agreement is governed by the laws of the Republic of Singapore. without reference to conflicts of law principles. For contracts with Appointy Global PTE., both parties consent to the exclusive jurisdiction and venue of the courts in the Republic of Singapore for all disputes arising out of or relating to the use of the Services.

Each party hereby consents to the exclusive jurisdiction of such courts. To the extent permitted by applicable law, each party also hereby waives any right to jury trial in connection with any action or litigation in any way arising out of or related to this Service Agreement.

ENTIRE SERVICE AGREEMENT / TRANSLATION / INTERPRETATION

These Terms of Service together with any other Appointy legal policies as posted on the Appointy Sites, any operating rules for the Services established by Appointy, Data Processing Agreement and the Supplemental Terms if any, the Appointy Privacy Policy (to the extent it is applicable on you) constitute the entire Service Agreement between Appointy and you regarding your use of the Services. If you have signed another binding legal agreement with Appointy for the provision of the Services, the terms of such binding legal agreement takes precedence over this Agreement in case of any conflict between the provisions of this Agreement and the binding legal agreement.

If any provision of these Terms of Service should be held illegal or unenforceable by a court with jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from these Terms of Service if no such modification is possible, and the other provisions of these Terms of Service shall remain in full force and effect. The section headings used are for convenience only and shall not be given any legal significance.

EXPLANATORY PARAGRAPHS

This Service Agreement may be accompanied by explanatory glosses (the “Explanatory Paragraphs”) that attempt to simplify and summarize the language used herein. The Explanatory Paragraphs that may be found throughout this Service Agreement are for reference and administrative purposes only, are not incorporated into this Service Agreement, and shall not affect the interpretation of this Service Agreement.

In the event of any conflict between the provisions of this Service Agreement and the Explanatory Paragraphs, this Service Agreement shall control.

Appointy is not a law firm and does not provide legal advice. The Explanatory Paragraphs are not intended as legal advice and should not be relied upon as such by the Business. Appointy shall not be liable for any damages caused by the Business’s reliance upon the Explanatory Paragraphs or failure to seek appropriate legal assistance before accepting this Service Agreement.

Explanation

This text that you are reading, which is a simplified version of the subscription Service Agreement, is just to help make it easier for you to understand the subscription Service Agreement. It is not technically part of the Service Agreement itself. To ensure that you understand all the terms of this Service Agreement, we highly recommend that you read the full subscription Service Agreement yourself and/or get legal advice from an attorney. It is the full text of the subscription Service Agreement – not these simplified explanations – that ultimately defines our relationship, and our respective rights and obligations to each other.

NO WAIVER

A lack of enforcement will not result in waiver of any term. Also, no waiver by either party of any breach or default shall be deemed to be a waiver of any preceding or subsequent default.

WARRANTY DISCLAIMER

The Services are provided “AS IS,” “WITH ALL FAULTS,” and “AS AVAILABLE.” YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. Appointy does not guarantee that users will be able to access the Services at all times or places, that Appointy will have adequate capacity for all users, OR THAT THE SERVICES WILL BE OPERABLE with your equipment. TO THE FULLEST EXTENT PERMITTED BY LAW, APPOINTY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, including implied warranties of merchantability, suitability, quality, accuracy, fitness for particular purposes and non-infringement. APPOINTY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OF ANY SITES LINKED TO THE SERVICES. APPOINTY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES PROVIDED, ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY LINKED WEB SITE OR FEATURED IN ANY ADVERTISING, AND APPOINTY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY.

You are solely responsible for compliance with all applicable local law.

Explanation

Aside from the specific warranties we make in Section 31, we do not promise or guarantee that our product or services will always be reliable, timely, of a certain quality, suitable for your needs, true or accurate, available, or complete. We do not promise or guarantee that our service will always be secure, timely, uninterrupted, or free from errors, or that it will work in combination with other systems. We do not promise or guarantee that our product will meet your expectations, that any data in our service will be accurate or reliable, or that any errors or defects will be corrected. We provide our service to you “as is,” and we explicitly refuse to promise or guarantee that it meets any particular legal warranty or standard.

LIMITATION OF DAMAGES AND LIABILITY

APPOINTY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS,WILL NOT BE BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF SERVICES CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES OR INTEROPERABILITY PROBLEMS, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT, (VII) USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, (VIII) YOUR USE, OR INABILITY TO USE, ANY PORTION OF THE SERVICES OR FOR ANY LOSS OR DAMAGE OF ANY KIND (INCLUDING YOUR DATA) INCURRED AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Explanation

These are the limits of legal liability we may have to you.

APPOINTY TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT OF LAST PAYMENT MADE BY YOU FOR THE SERVICES THAT CAUSED SUCH DAMAGE.

Explanation

Appointy’s liability to you for any damages will be limited to the last payment you made to Appointy.

Appointy Software, Inc/Appointy Global PTE.
Please review this Business Terms of Service or Service Agreement carefully.

For any questions or doubts or disputes regarding the End User Agreement, End Users can contact Appointy at contact@appointy.com or legal@appointy.com.