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”).
By accessing and using the Services, it is agreed by the person accessing the Services that they are authorized to accept the terms set forth below (the "Agreement") on behalf of themselves as the end user (“End User”) who is booking and scheduling appointments with Appointy Clients.
Appointy Clients refer to any natural person or any legal entity and its authorized Users that subscribes or uses the Services to provide scheduling and appointment opportunities via the Services to their End Users. The relationship between Appointy and Appointy Clients are governed by the Terms of Service available here. The definitions and terms defined in the Appointy Terms of Service are incorporated in this Agreement by reference. In this Agreement, we may refer the applicable contracting entity, as specified in the ‘Contracting Entity and Applicable Law’ section, as “Appointy,” “us,” or “we”.
This Agreement cover the End User’s use of the Services, including, but not limited to, the process by which they schedule appointments with Appointy Clients as well as such End User’s management of such appointments through the Services, and End User agree that this Agreement apply to End User’s use of the Services.
By using the Services, End User also consents and agrees to the terms of the Appointy Privacy policy.
End User agrees to be bound by and adhere to this Agreement and confirms that they have the authority to enter into this Agreement. End User’s usage of our services will be taken to mean that they have accepted the Agreement, and agreed to be bound by them.
Appointy reserves the right, at its sole discretion, to change, modify, update, add, or remove portions of the Agreement at any time, with or without notice to End Users. End Users are responsible to read this Agreement regularly. Appointy will notify End Users of any changes to this Agreement by posting them on this webpage and updating the "Last Updated" date at the top of this webpage. All changes to this Agreement will be effective immediately from the date they were posted to this webpage. End Users’ continued use of the Services after the posting of any changes to the Agreement will signify End Users’ acceptance of those changes.
We may change these terms at any time, so End Users need to check back here regularly to make sure End Users know the changes we’ve made, and agree to updated changes.
BY ACCEPTING THIS AGREEMENT, EITHER BY (I) CLICKING A BOX INDICATING END USERR ACCEPTANCE; OR (II) BY EXECUTING AN ORDER FORM THAT REFERENCES THIS AGREEMENT; OR (III) BY DIGITIALLY OR MANUALLY SIGNING THIS AGREEMENT, END USER AGREE TO THE TERMS OF THIS AGREEMENT. IF END USERS ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, END USERS REPRESENT THAT END USER HAVE THE AUTHORITY ENTER INTO TO THESE TERMS AND CONDITIONS, IF END USERS DO NOT AGREE WITH THESE TERMS AND CONDITIONS, END USER MUST NOT ACCEPT THIS AGREEMENT AND END USERS MAY NOT USE THE SERVICE.
By signing this agreement or checking an agree box, End Users are agreeing to abide by the full terms of the legal agreement.
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 Agreement or to the Services without restriction.
We may change or discontinue particular features or functions of our Services at any time.
End User agrees that apart from their limited use of Appointy Sites to book and schedule appointments with Appointy Clients 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 Client or Clients are extending to the End User shall be managed directly between Appointy’s Clients and such End User in accordance with the terms and conditions agreed upon between Appointy’s Clients and such End User.
Appointy shall bear no responsibility whatsoever with regards the commercial or legal relationship between Appointy Clients and End Users.
To schedule an appointment through the Services, an End User must input the required information as requested through the appointment-scheduling process. End User agrees that any information End User provides when scheduling an appointment, creating an the Appointy End User Account (as defined below) or profile, or at any time thereafter is true, accurate and complete and that, where applicable, End User will update all such information as necessary to maintain its truth, accuracy and completeness. Failure to do so shall constitute a breach of these Agreement.
End User agrees that any credit card or payment information End User provides through the Services is valid and that the End User has authority to authorize payments from such credit card or payment gateway. Once an appointment has been scheduled through the Services, End User agrees to contact the Appointy Client with whom End User made the appointment directly regarding any questions End User may have about End User appointment, and for any changes or cancellations End User may need to make regarding End User appointment.
End User must input all the required information to schedule an appointment. End User confirms that all the information End User provides is true and accurate, and End User shall keep this information updated. End User confirms that the credit /debit card provided by End User for the payments which are due to an Appointy Client, are valid. End User must contact the Appointy Client with whom End User has booked the appointment for any questions, cancellations, changes regarding End User booking.
By creating a free End User-access account to interact with Appointy Client or Clients ("Appointy End User Account"), End User expressly consents and agrees to accept and receive communications from us. By consenting to being contacted by Appointy, End User understands and agrees that End User may receive automated SMS or MMS messages ("Text(s)") or communications generated by automatic telephone dialing systems and/or communications containing prerecorded messages sent by or on behalf of Appointy, or its Clients, including but not limited to: appointment confirmations or notifications, communications concerning Appointy End User Account or use of the Appointy Sites or Services, updates concerning new and existing features on the Appointy Sites, communications concerning promotions run by us or Appointy Clients.
IF END USERS WISH TO OPT-OUT OF EMAIL, TEXTS, OR OTHER COMMUNICATIONS, END USERS MAY OPT-OUT BY FOLLOWING THE UNSUBSCRIBE OPTIONS PROVIDED TO END USERS IN EACH EMAIL, OR BY CONTACTING APPOINTY ABOUT SUCH WISHES. However, End User acknowledges that opting out of Texts may lead to missed appointment notifications or other important notifications or updates, and in general impact End User’s use of the Appointy Sites as an End User. End User may also opt-out of phone calls by emailing their request to contact@appointy.com.
We will send End User communications in various forms regarding End User appointments, Appointy End User Account, product updates, and promotions run by Appointy Clients. End Users have the option to opt-out of such communications by using the unsubscribe functionality, or by letting us know. Opting-out of such communications may result in missed appointments and important updates, and impact End User’s use of our Services negatively.
Appointy reserves the right to contact the End User from time to time for feedback about the Services, including feedback and reviews regarding the Appointy Client with which End User has scheduled an appointment, and for service and support related issues. We reserve the right to contact End User 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 End User actually reads any such notices.
End Users permit Appointy to contact End Users from time-to-time with information/communication pertaining to Appointy End User Account through e-mail, facsimiles, text or voice messages, or notices posted on the Appointy Sites.
End User also consents to being contacted by any Appointy Client with whom End User schedules an appointment, for purposes of confirming End User appointment or for other reasons relating to End Userr appointment. Any such Appointy Client may contact End User through any of the means End User provided during the scheduling process, such as via End User telephone number or email address. End User consents that any emails, surveys, reviews, other information or feedback End User provide to Appointy through the Services or via any other medium, except for Personal Data, as defined in the Appointy Privacy Policy, can be used by Appointy in any manner, including but not limited to for reviews, testimonials and ratings on Appointy or third party websites.
Appointy Clients will contact End Users with communication pertaining to End Users’ appointment using the information End Users provide through the scheduling process. End User agree that any information End Users share with Appointy, except End User personal data, may be used as reviews, testimonials or ratings.
End User agrees that apart from their limited use of Appointy Sites to book and schedule appointments with Appointy Clients 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 Client or Clients are extending to the End User shall be managed directly between Appointy’s Clients and such End User in accordance with the terms and conditions agreed upon between Appointy’s Clients and such End User.
Appointy shall bear no responsibility whatsoever with regards the commercial or legal relationship between Appointy Clients and End Users.
End Users understand that End User’s use of Services is free of charge. Appointy reserves the right, at any time and at its discretion, to change the pricing structure and any pricing terms. Any changes shall be posted on the Appointy Sites and will be effective immediately.
End User use of Appointy services is free of charge. However, we may change these pricing terms at any time, and all changes will be effective immediately.
Appointy grants to End User a personal license to access and use the Services in accordance with these Agreement. End User agrees 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, in whole or in part. Appointy reserves all rights not expressly granted in these Agreement.
End User is responsible for End User’s use of the Service and End User agrees that this use will be at End User’s own risk.
End Users are to use the Services in accordance with these terms and can not attempt to 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. End Users’ usage of services are bound by these terms, and are at End Users’ own risk.
Appointy retains 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 End User.
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.
We are the sole owner of all intellectual property rights (such as trademarks, copyright, patents, etc.) in our product and related services. This agreement does not convey any ownership or right to use, copy, alter, publicly display, download, store, reproduce, transmit, provide links to, republish, upload, post, reprocess, make commercial use of, or distribute the Services of our product in any way. End Users usage of services are bound by these terms, and are at End Users’ own risk.
It is End User’s responsibility to use the Services properly. If End User cannot honor any appointment scheduled through the Services, End User agrees to promptly communicate such change to the Appointy Client with whom End User made such appointment. End User is also responsible for all equipment required to access the Services, including (but not limited to):
When using the Services End User must comply with all export, re-export and import laws and restrictions, including U.S. export laws and regulations, to which the Services are subject.
End Users are responsible for actions and communications undertaken under Appointy End User Account. End Users must communicate with the Appointy Client directly regarding any cancellations, rescheduling, or any such requests pertaining to End Users’ appointments. It is End Users’ responsibility to comply with all export, re-export and import laws and restrictions, including U.S. export laws and regulations.
Please do not engage in the following activities, they are prohibited on the Appointy Sites and constitute express violations of this Agreement:
Appointy believes in preventing and deterring unauthorized infringement of copyrighted materials. If End User believes that End User’s 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 End User’s complaint to be valid under the DMCA, End User must provide the following information in writing:
The above information must be submitted to legal@appointy.com.
Our legal obligations and duties to End User under the Digital Millennium Copyright Act of 1998.
Materials, including but not limited to text, software, data, images, graphics, photos, audio, audiovisual, videos, and content of any nature provided by Appointy or by Clients or other users of the Services to the Appointy Sites is owned by the party contributing such content.
As a user of the Services, End User is solely responsible for End User’s own user submissions. By transmitting End User submissions, End User represents that End User has all rights and authorizations necessary to post, submit, display, produce, or otherwise transmit, such content. In connection with End User submissions, End User agrees that End User will not submit material that is or contains the intellectual property of a third party that End User does not have permission to use.
End User shall retain all of End User ownership rights in End User submissions; however, by submitting their content to Appointy, End User grants Appointy the irrevocable, fully transferable rights to use, reproduce, distribute, modify, transmit, prepare derivative works of, display and produce the material in connection with the Services and Appointy’s Clients, and to grant these rights to others. To the extent End User do not have ownership rights to any of End User submissions, End User shall indemnify Appointy for any claim regarding Appointy’s use of End Userr User submissions.
End Users own all data End User provide to us, but End Users grant us a license to use it for derivative works. End User also confirm that the data End Users submit to us does not contain any intellectual property of any third party.
End User may find other End Users' and Client' information to be inaccurate, harmful or offensive. By using the Appointy Service, End User assumes all of the risks associated with the use of the Appointy Service and the Clients and End User agrees to accept such risks and agree that Appointy is not responsible for the acts or omissions of any End User or Client. Notwithstanding the foregoing, we reserve the right to edit or remove any content placed on the Appointy Sites. Appointy does not currently conduct criminal background checks or screenings of its Clients. Appointy does not inquire into the backgrounds of its Clients or attempt to verify the information provided by Clients or other End Users. Appointy makes no representations or warranties as to the conduct of Clients or other End Users of the Appointy Sites.
Appointy is not responsible for the integrity and accuracy of the user data that End User see on Appointy Sites. End User’s usage of the Services indicate End User acceptance of all the associated risks. We reserve the right to edit or remove any content/ from our Sites.
End User has the ability to download the data during the term of End User’s usage of the Service in a structured, commonly used, and machine-readable format, by way of the requesting such copy from the Clients with a written notice. End User acknowledges and agrees that Appointy has no obligation to retain End User Data after termination of this Agreement for any reason. No later than one hundred and eighty (180) days from termination of this Agreement for cause or no cause, Appointy will delete and remove all End User Data without liability. Upon termination for cause, End User right to access or use End User Data and the Services immediately and automatically ceases.
End User grants Appointy the right to aggregate End User Data, in anonymized form, solely for statistical purposes and for improving the functionality and operation of the Services.
If End User want to download End User data after the termination of End User Agreement, End User can do so by sending us a request. After account deletion, the data removal process will be initiated.
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 End User Data.
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.
End Users agree that Appointy may make End User Data available to vendors assessed, approved, and engaged by Appointy who can competently provide services to Appointy and be trusted with access to limited End User Data as necessary in order to fulfil one or more specific functions within the Services ("Trusted Vendors"), 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 Agreement
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 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.
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.
End User may encounter hypertext links to websites operated by parties other than Appointy during End User’s use of the Services. Appointy does not control such websites and is not responsible for nor can guarantee the content of such websites. Unless otherwise explicitly stated, the inclusion of any hypertext links to such websites 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.
Appointy is not responsible for any content or services on any other website, other than Appointy itself.
Upon termination of End User’s use of the Services for any reason, all of End User’s rights to access to the Appointy End User Account and use any and all parts of the Services shall immediately terminate. In the event of such termination, End User agrees to remove any and all Appointy’s content from all of End User hard drives and any other storage media and to destroy all copies of the Appointy’s content in End User’s possession.
Once this agreement has been terminated, End User can no longer use Appointy and its services, End User must also destroy any data that End User hold, which originates from Appointy.
Appointy is not obligated for providing assistance or support to End User, including error corrections, upgrades, support, updates, bug fixes, enhancements, or other types of support. End User agrees that Appointy has no liability or responsibility for the storage or deletion of any End 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 End User use of the Services, to the extent permitted by law, to ensure compliance with these Agreement, satisfy legal requirements, or protect our rights and the right of others.
End User’s only remedy for any dispute with Appointy is to stop using the Services.
End User’s location and/or address determines which Appointy entity End Users contracting with for the Appointy Services. If the End User is located in North America or the Republic of Singapore, then End User is contracting with Appointy Software, Inc. and this Agreement is governed by the laws of the State of California, U.S.A. without reference to conflicts of law principles.
For contracts with Appointy Software, Inc., End User consents to the exclusive jurisdiction and venue of the federal or state courts in the County of Santa Clara, California, U.S.A. for all disputes arising out of or relating to the use of the Services.
If the End User is located in any country other than North America or the Republic of Singapore, then you are contracting with Appointy Global PTE and this Agreement is governed by the laws of the Republic of Singapore without reference to conflicts of law principles. For contracts with Appointy Global PTE., End User consents 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 Agreement.
This Agreement, other Appointy legal policies as posted on the Appointy Sites and any operating rules for the Services established by Appointy constitute the entire agreement between Appointy and End User regarding End Userr use of the Services. If any provision of these Agreement 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 Agreement if no such modification is possible, and the other provisions of these Agreement shall remain in full force and effect. The section headings used are for convenience only and shall not be given any legal significance.
This 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 Agreement are for reference and administrative purposes only, are not incorporated into this Agreement, and shall not affect the interpretation of this Agreement.
In the event of any conflict between the provisions of this Agreement and the Explanatory Paragraphs, this 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 Client. Appointy shall not be liable for any damages caused by the Client’s reliance upon the Explanatory Paragraphs or failure to seek appropriate legal assistance before accepting this Agreement.
This text that End Users are reading, which is a simplified version of the subscription agreement, is just to help make it easier for End Users to understand the subscription agreement. It is not technically part of the agreement itself. To ensure that End Users understand all the terms of this agreement, we highly recommend that End Users read the full Agreement End Users and/or get legal advice from an attorney. It is the full text of the Agreement – not these simplified explanations – that ultimately defines our relationship, and our respective rights and obligations to End User.
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.
The Services are provided "AS IS," "WITH ALL FAULTS," and "AS AVAILABLE." END USER AGREES THAT END USERR USE OF THE SERVICES SHALL BE AT END USER’S 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 End User 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 WEB 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 END USER AND ANY THIRD PARTY.
End Users are solely responsible for compliance with all applicable local law.
Aside from the specific warranties we make in the Agreement, we do not promise or guarantee that our product or services will always be reliable, timely, of a certain quality, suitable for End User 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 End User 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 End User "as is," and we explicitly refuse to promise or guarantee that it meets any particular legal warranty or standard.
IN NO EVENT SHALL APPOINTY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO END USER 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 END USERR 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) END USERR USE, OR INABILITY TO USE, ANY PORTION OF THE SERVICES OR FOR ANY LOSS OR DAMAGE OF ANY KIND (INCLUDING END USERR DATA) INCURRED AS A RESULT OF END USERR 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.
These are the limits of legal liability we may have to End User.
APPOINTY PROVIDES ITS SERVICES TO END USER FREE OF CHARGE AND DOES NOT HAVE ANY LIABILITY TO END USER FOR DAMAGES FOR ANY CAUSE WHATSOEVER.
Appointy does not have any liability to End User.
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.