Terms of use

Business user agreement / business terms of use

Appointy Software, Inc.
Please review this user agreement carefully.
Dated May 22, 2018




  1. Acceptance of terms

    Appointy owns and provides various websites, services, and software that facilitate online scheduling of appointments (collectively, the "Services"). By accessing and using the Services you agree that you are authorized to accept the terms set forth below (the "Terms of Use", "Agreement", or "Service Agreement") on behalf of yourself and your company, and that you and your company are and will be bound by the Terms of Use. In these Terms of Use, we may refer the applicable contracting entity, as specified in the ‘Contracting Entity and Applicable Law’ section, as “Appointy,” “us,” or “we”, and “you”, or “Client” shall refer to you and your company. Appointy and the Client may be individually referred to as a "Party" and collectively referred to as the "Parties". Any and all use of the Services is subject to these Terms of Use. If you do not agree to be subject to these Terms of Use, do not use the Services. By continuing to use the Services, you agree to be bound by these Terms of Use.

    Explanation

    You agree to be bound by and adhere to these terms of use, and confirm to us that you have the authority to enter into this agreement on behalf of your company. Your usage of our services will be taken to mean that you have accepted the terms of use, 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 Terms of Use at any time, with or without notice to you. Please check these Terms of Use, available on the Appointy website and under the "My Membership" section of your Appointy account, periodically for changes. Your continued use of the Services after the posting of any changes to the Terms of Use 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 Agreement, You enter into the 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 Agreement between Appointy and each such Authorized Affiliate subject to this provision of the Agreement. Each Authorized Affiliate agrees to be bound by the obligations under this Agreement and, the Appointy Privacy Policy. All access to and use of the Services and Content by Authorized Affiliates must comply with the terms and conditions of the Agreement and any violation of the terms and conditions of the Agreement by an Authorized Affiliate shall be deemed a violation by Client.

    Explanation

    These terms of use 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 use, as well.



    BY ACCEPTING THIS AGREEMENT, EITHER BY (I) CLICKING A BOX INDICATING YOUR ACCEPTANCE; OR (II) BY EXECUTING AN ORDER FORM THAT REFERENCES THIS AGREEMENT; OR (III) BY DIGITALLY OR MANUALLY SIGNING THIS AGREEMENT, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS 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 "CLIENT" OR "CLIENTS" 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 AGREEMENT AND YOU MAY NOT USE THE SERVICE

    Explanation

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

  2. Scope of agreement

    These Terms of Use 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 Use apply to your use of the Services. By using the Services, you also consent and agree to the terms of the Appointy Privacy Policy, at Privacy policy, and all other Appointy legal policies applicable to you, as stated in this Agreement.

    Explanation

    This Agreement governs how you use Appointy. Additionally, by using Appointy, you also agree to our Privacy Policy.

  3. 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 Use without restriction.

    Explanation

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

  4. Registration

    You must register to access and use the Services. If you are registering 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 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 Use. 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 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 a are 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.

  5. 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 agreements with third party websites and businesses, create a profile page for your business on the Appointy website or on third party websites, 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 customers to discover your Business. When you participate, you might be presented with additional offers specific to these advertising networks.

  6. Fees; payment terms

    You agree to pay all charges as set forth on the Appointy website and/or in these Terms of Use. 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 Use 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 web 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.

  7. 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 (a "Appointy Invoice").

    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.



    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.

    Explanation

    All payments made are non-refundable.

  8. 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.

  9. 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.

  10. 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 websites. 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 websites.



    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, 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 websites.

    Explanation

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

  11. Intellectual property

    We grant you a license to use the Services in accordance with these Terms of Use. 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 Use.

    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.

    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 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 agreement. Similarly, this agreement does not give us any rights or ownership to your intellectual property.

  12. Confidential information

    A 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 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 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.

  13. User warranties

    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 website, that you are a valid business desiring to use the Services to advertise your business and generate online appointments from customers 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 agreement can be terminated if the above information is found to be incorrect or untrue.

  14. User responsibilities

    You are responsible for ensuring that you can fulfill all appointments made through the Services and for communicating changes directly to your customers. You are responsible for all activity occurring during your use of the Services, including that of your customers. 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 customers 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 customers.

    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 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.



    The Client shall: (i) use reasonable efforts to prevent unauthorized access or use of the Services, including the use of associated User Accounts, by employees, Users, and any third parties; (ii) use the Services and Content only in accordance with these terms and all attached or incorporated Order Forms; (iii) 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 (iv) use reasonable efforts to immediately stop any copying or distribution of Content that is known or suspected by the Client, its employees, third parties or its Users.

    Explanation

    You will ensure all user names 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.



    The Client shall not (i) sell, resell, transfer, sublicense, or assign the license granted to it by Appointy under these terms (except pursuant to a permitted assignment wherein Appointy expressly agrees in writing to the Client’s assignment of this Agreement); (ii) distribute or otherwise commercially exploit or make available to any third party the Services or Content, in whole or in part, in any way; (iii) modify or make derivative works based upon the Services or the Content; or (iv) reverse engineer or access the Services in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions, or graphics of the Service, or (c) copy any ideas, features, functions, or graphics of the Service.

    Explanation

    You are only allowed to use the Services in accordance with this 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.



    Appointy reserves the right to terminate the Client’s free trial Subscription at any time and for any reason, in its sole discretion. The Client may not sign up for multiple free trial Subscriptions in a manner that is deemed by Appointy, in its sole discretion, to be abusive or contrary to the intention of any such offer.

    Explanation

    We retain the ability to terminate this agreement or your account at any time. You cannot sign up for multiple accounts at the same time.



    You are also responsible for all equipment required to access the Services, including (but not limited to):

    • A properly configured computer with broadband Internet access;
    • A functioning and valid email address;
    • Any required software, including an accepted browser (currently Internet Explorer version 8.0 or later, Mozilla Firefox Version 1.5 or later), Google Chrome that is configured to accept cookies, download images, and run JavaScript; and
    • Any other equipment needed to access the Services.

    Explanation

    Minimum requirements to use Appointy, as listed above.


    Appointy services should NOT be used for:

    • Sending spam
    • Unsolicited email or SMS
    • Importing client list that users do NOT own and/or have NOT been gathered legally.


    The Appointy booking websites should NOT be used:

    • to create back links to other pages;
    • as advertisement for stuff unrelated to services provided by the you;
    • to solicit services to users without the intention of providing the service.

    You should treat all client data with respect and appropriate privacy.

    Explanation

    You will not use Appointy services for sending any spam or unsolicited communication of any kind. You will not use Appointy services to create backlinks to other pages, to advertise services that you do not provide or have no intention providing of.

  15. Use of the services

    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, 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 promise to not use Appointy in an illegal or harmful manner.

  16. 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 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 dmca@appointy.com

    Explanation

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

  17. User submissions

    Materials, including but not limited to text, software, data, images, graphics, photos, audio, audiovisual, videos, and content of any nature provided by Appointy ("Content") or by other users of the Services ("User Submissions", "User Data", "Client Data") to the Services website is owned by the party contributing such content. As a user of the Services, you are solely responsible for your own User Submissions. By transmitting your User Submissions, you represent that you have all rights and authorizations necessary to post, submit, display, produce, or otherwise transmit, such content. In connection with your User Submissions, you agree that you will not submit material that is or contains the intellectual property of a third party that you do not have permission to use.

    You shall retain all of your ownership rights in your User Submissions; however, by submitting material to Appointy, you grant 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 business, and to grant these rights to others. To the extent you do not have ownership rights to any of your User Submissions, you shall indemnify Appointy for any claim regarding Appointy’s use of your User Submissions.

    Explanation

    You own all data you provide to us, but you grant us a license to use it for derivative works. You also confirm that the data you submit to us does not contain any intellectual property of any third party.



    Appointy does not own User Data submitted. Appointy is not responsible or liable for the deletion, correction, destruction, damage, loss, or failure to store any User Data. You agree to indemnify and hold Appointy harmless from any damage, loss, claim, complaint (legal or customer), demand, or cause of action for any issue arising from User 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 Client's breach of the Agreement.

    Explanation

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



    The Services enable you to download the User 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 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 User Data without liability. Upon termination for cause, Your right to access or use your User Data and the Services immediately and automatically ceases.

    Explanation

    If you want to download your data after the termination of your 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 agreement.



    You grant Appointy 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.

    Explanation

    Appointy is not responsible for the integrity and accuracy of the user data that you see on Appointy web sites.

  18. Links to third party sites

    You may encounter hypertext links to websites operated by parties other than Appointy during your use of the Services and on the Appointy website. 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.

    Explanation

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

  19. Appointy Integration

    Appointy proprietary computer software applications that are hosted by Appointy or are downloaded by the Client 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 Client and some Integrations must be licensed by the Client as add-on services under the Subscription, for an additional fee.



    The Client acknowledges and agrees that Appointy, simply by virtue of the Client licensing or using an Appointy Integration, does not make Appointy a party to any relationship among the Client, 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 Client for any claim brought by a third party in accordance with Section 31 of this Agreement.



    By using an Integration, the Client instructs and grants permission to Appointy to allow the entity providing any such third-party software application with which the Integration interoperates to access Client 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 Client 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.

  20. PAYMENT INTEGRATION

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



    Where the Service interoperates with the Client’s Payment Gateway account, Appointy is not a party to any transaction(s) between Payment Gateway and the Client. 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 Client is advised to read the terms of use 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.

  21. 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 Client 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.



    Data Processing Agreement

    • This Agreement also includes the Appointy Business Data Processing Agreement (DPA) which is incorporated herein by reference. By agreeing to these terms, you also agree to the terms of the DPA.
    • You may opt out of the DPA in its entirety. To opt out, contact Appointy. If you choose to opt out of the DPA, you will be prohibited from using the Services to process data regulated by the General Data Protection Regulation of the European Union (GDPR).

    Explanation

    By accepting this 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.

    • 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.

    • You agree that Appointy may make Client Data available to Vendors assessed, approved, and engaged by Appointy who can competently provide services to Appointy and be trusted with access to limited Client 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.

    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.

    • Appointy agrees to promptly notify the Client if Appointy becomes unable to satisfy its obligations under this Section 21 on Data Protection or Section 12 on Confidentiality.

    Explanation

    We will notify you if we cannot meet our obligations under sections 21 and 12.

    • 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.

  22. 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 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 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.

  23. Termination

    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 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.

  24. Our responsibilities

    Subject to the terms and conditions laid out herein, Appointy agrees (i) to provide the Service to the Client and grants to the Client 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 Client’s own business purposes; and (ii) We may provide to the Client commercially reasonable technical support via telephone and email As defined in the Client’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 Use, satisfy legal requirements, or protect our rights and the right of others.

  25. INDEMNIFICATION

    The Client shall indemnify and hold Appointy and its parent organizations, Affiliates, 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 Client 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 Client of the Client’s representations and warranties above, or (iii) a claim arising from the breach by the Client or the Client’s users of this Agreement, provided in any such case that Appointy (a) gives written notice of the claim promptly to the Client; (b) gives the Client sole control of the defense and settlement of the claim (provided that the Client may not settle or defend any claim unless the Client 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 Client 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

  26. Sole remedy

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

  27. CONTRACTING ENTITY AND APPLICABLE LAW/ JURISDICTION

    Your physical address determines which Appointy entity you are contracting with for the Subscription and Consulting Services. For this Agreement, "located in" means your shipping or physical address. If you are located in North America or Republic of Singapore, then you are 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., both parties consent 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 you are 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., 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.

  28. Entire agreement / translation / interpretation

    These Terms of Use, other Appointy legal policies as posted on the Appointy websites, and any operating rules for the Services established by Appointy constitute the entire agreement between Appointy and you regarding your use of the Services. If any provision of these Terms of Use 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 Use if no such modification is possible, and the other provisions of these Terms of Use shall remain in full force and effect. The section headings used are for convenience only and shall not be given any legal significance.

  29. EXPLANATORY PARAGRAPHS

    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.

    Explanation

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

  30. 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.

  31. 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 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 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.

  32. Limitation of damages and liability

    IN NO EVENT SHALL APPOINTY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, 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'S 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.

User Agreement

Appointy Software, Inc.
Please review this user agreement carefully.
Dated May 22, 2018

  1. Acceptance of terms

    Appointy owns and provides various websites, services, and software that facilitate online scheduling of appointments (collectively, the "Services"). By accessing and using the Services you agree that you are authorized to accept the terms set forth below (the "Terms of Use") on behalf of yourself and your company, and that you and your company are and will be bound by the Terms of Use. In these Terms of Use, we may refer the applicable contracting entity, as specified in the ‘Contracting Entity and Applicable Law’ section, as “Appointy,” “us,” or “we”, and “you”, or “Client” shall refer to you and your company. Appointy and the Client may be individually referred to as a "Party" and collectively referred to as the "Parties". Any and all use of the Services is subject to these Terms of Use. If you do not agree to be subject to these Terms of Use, do not use the Services. By continuing to use the Services, you agree to be bound by these Terms of Use.

    Explanation

    You agree to be bound by and adhere to these terms of use, and confirm to us that you have the authority to enter into this agreement on behalf of your company. Your usage of our services will be taken to mean that you have accepted the terms of use, 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 Terms of Use at any time, with or without notice to you. You are responsible to read this Agreement regularly. Appointy will notify you of any changes to this Agreement by posting them on this webpage and updating the "Last Updated" date at the top of this webpage. Material changes to this Agreement will be effective ten calendar days from the date they were posted to this webpage. All other changes will be effective immediately. Your continued use of the Services after the posting of any changes to the Terms of Use 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 agree to updated changes.

  2. Scope of agreement

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

    Explanation

    This Agreement governs how you use Appointy. Additionally, you also agree to our Privacy Policy.



    BY ACCEPTING THIS AGREEMENT, EITHER BY (I) CLICKING A BOX INDICATING YOUR ACCEPTANCE; OR (II) BY EXECUTING AN ORDER FORM THAT REFERENCES THIS AGREEMENT; OR (III) BY DIGITIALLY OR MANUALLY SIGNING THIS AGREEMENT, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS 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 "CLIENT" OR "CLIENTS" 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 AGREEMENT AND YOU MAY NOT USE THE SERVICE.

    Explanation

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

  3. 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 Use or to the Services without restriction.

    Explanation

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

  4. Scheduling an appointment

    To schedule an appointment through the Services, you must input the required information as requested through the appointment-scheduling process. You agree that any information you provide when scheduling an appointment, creating an account or profile, or at any time thereafter is true, accurate and complete and that, where applicable, 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 Use.
    You agree that any credit card or payment information you provide through the Services is valid and that you have authority to authorize payments from such credit card or payment gateway. Once an appointment has been scheduled through the Services, you agree to contact the Appointy Business with whom you made the appointment directly regarding any questions you may have about your appointment, and for any changes or cancellations you may need to make regarding your appointment.

    Explanation

    You must input all the required information to schedule an appointment. You confirm that all the information you provide is true and accurate, and you shall keep this information updated.You confirm that the credit /debit card provided by you for the payments which are due to an Appointy Business, are valid. You must contact the Appointy Business with whom you have booked the appointment for any questions, cancellations, changes regarding your booking.

  5. Communications

    Appointy reserves the right to contact you from time to time for feedback about the Services, including feedback and reviews regarding the Appointy Business with which you have scheduled an appointment, 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 websites. 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 websites.



    By creating a free customer-access account to interact with Appointy businesses ("Appointy User account"), you expressly consent and agree to accept and receive communications from us. By consenting to being contacted by Appointy, you understand and agree that you 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 Business users, including but not limited to: appointment confirmations or notifications, communications concerning your User/Business account or use of the Appointy Site or services, updates concerning new and existing features on the Appointy Site, communications concerning promotions run by us or Appointy Business users. IF YOU WISH TO OPT-OUT OF EMAIL, TEXTS, OR OTHER COMMUNICATIONS, YOU MAY OPT-OUT BY FOLLOWING THE UNSUBSCRIBE OPTIONS PROVIDED TO YOU IN EACH EMAIL, OR BY CONTACTING APPOINTY ABOUT SUCH WISHES. However, you acknowledge that opting out of Texts may lead to missed Appointment Notifications or other important notifications or updates, and in general impact your use of the Appointy Site as a User or Business. You may also opt-out of phone calls by emailing your request to contact@appointy.com.

    Explanation

    We will send you communications in various forms regarding your appointments, your Appointy User Account, product updates, and promotions run by Appointy Business users. You 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 your use of our services negatively.



    Standard text messaging charges may be applied by your cell phone carrier for text messages we send.
    You also consent to being contacted by any Appointy Business with whom you schedule an appointment, for purposes of confirming your appointment or for other reasons relating to your appointment. Any such Appointy Business may contact you through any of the means you provided during the scheduling process, such as via your telephone number or email address. You consent that any emails, surveys, reviews, other information or feedback you 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.

    Explanation

    Appointy Businesses will contact you with communication pertaining to your appointment using the information you provide through the scheduling process. You agree that any information you share with Appointy, except your personal data, may be used as reviews, testimonials or ratings.

  6. Pricing

    You understand that your use of the 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 website and will be effective immediately.

    Explanation

    Your 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.

  7. Permission to use

    Appointy grants to you a personal license to access and use the Services in accordance with these Terms of Use. 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, in whole or in part. Appointy reserves all rights not expressly granted in these Terms of Use.
    You are responsible for your use of the Service and you agree that this use will be at your own risk.

    Explanation

    You 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. Your usage of services are bound by these terms, and are at your own risk.

  8. Intellectual property

    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 you.
    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.
    You are responsible for your use of the Service and you agree that this use will be at your own risk.

    Explanation

    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. Your usage of services are bound by these terms, and are at your own risk.

  9. User responsibilities

    It is your responsibility to use the Services properly. If you cannot honor any appointment scheduled through the Services, you agree to promptly communicate such change to the Appointy Business with whom you made such appointment. You are also responsible for all equipment required to access the Services, including (but not limited to):

    • A properly configured computer with broadband Internet access;
    • A functioning and valid email address;
    • Any required software, including an accepted browser (currently Internet Explorer version 8.0 or later, Mozilla Firefox Version 1.5 or later, Google Chrome) that is configured to accept cookies, download images, and run JavaScript; and
    • Any other equipment needed to access the Services.


    When using the Services you 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.

    Explanation

    You are responsible for actions and communications undertaken under your account. You must communicate with the Appointy Business directly regarding any cancellations, reschedulings, or any such requests pertaining to your appointments. It is your responsibility to comply with all export, re-export and import laws and restrictions, including U.S. export laws and regulations.

  10. Use of the services

    Please do not engage in the following activities, they are prohibited on the Site and constitute express violations of this Agreement:

    • Submitting any inaccurate information, committing fraud or falsifying information in connection with your Appointy User Account;
    • Attempting to, or actually accessing data not intended for you, such as logging into a server or an account which you are not authorized to access;
    • Attempting to scan, or test the security or configuration of the Appointy Service or to breach security or authentication measures without proper authorization;
    • Tampering or interfering with the proper functioning of any part, page or area of the Appointy Service and any and all functions and services provided by Appointy;
    • Attempting to interfere with service to any user in any manner, including, without limitation, by means of submitting a virus to the Appointy Service, or attempts at overloading, "flooding", "spamming", "mail bombing" or "crashing" the Appointy Service;
    • Disseminating or transmitting material that, to a reasonable person, may be considered abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious;
    • Disseminating, storing or transmitting files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any third party;
    • Using the Appointy Service or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with Appointy;
    • Reselling or repurposing your access to the Appointy Service or any purchases made through the Appointy Service;
    • Using the Appointy Service or any of its resources to solicit Site End Users, Business users or other business partners of Appointy to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive withAppointy, including without limitation, aggregating current or previously offered service offerings;
    • Using any End User or Appointy Business information from the Business Service for any commercial purpose, including, but not limited to, marketing;
    • Exceeding or attempting to exceed quantity limits when purchasing gift cards or otherwise using any Appointy account to purchase vouchers for resale, or for speculative, false, fraudulent or any other purpose not expressly permitted by this Agreement and the terms of a specific offer on the Appointy Service;
    • Taking any action that places excessive demand on our services, or imposes, or may impose an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);
    • Acting illegally or maliciously against the business interests or reputation of Appointy, our Business Users or our services;
    • Hyperlinking to the Appointy Service from any other website without our initial and ongoing consent; or
    • Impersonate any person or entity in order to use, or through use of, the Services.
    • Engaging in any other activity deemed by us to be in conflict with the spirit or intent of this Agreement.

    Usage the Services in any manner that is illegal or harmful to the Services.

  11. 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 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 dmca@appointy.com

    Explanation

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

  12. User submissions

    Materials, including but not limited to text, software, data, images, graphics, photos, audio, audiovisual, videos, and content of any nature provided by Appointy ("Content") or by other users of the Services ("User Submissions") to the Services website is owned by the party contributing such content. As a user of the Services, you are solely responsible for your own User Submissions. By transmitting your User Submissions, you represent that you have all rights and authorizations necessary to post, submit, display, produce, or otherwise transmit, such content. In connection with your User Submissions, you agree that you will not submit material that is or contains the intellectual property of a third party that you do not have permission to use.

    You shall retain all of your ownership rights in your User Submissions; however, by submitting material to Appointy, you grant 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 business, and to grant these rights to others. To the extent you do not have ownership rights to any of your User Submissions, you shall indemnify Appointy for any claim regarding Appointy’s use of your User Submissions.

    Explanation

    You own all data you provide to us, but you grant us a license to use it for derivative works. You also confirm that the data you submit to us does not contain any intellectual property of any third party.



    You may find other End Users' and Business' information to be inaccurate, harmful or offensive. By using the Appointy Service you assume all of the risks associated with the use of the Appointy Service and the Businesses and you agree to accept such risks and agree that Appointy is not responsible for the acts or omissions of any End User or Business. Notwithstanding the foregoing, we reserve the right to edit or remove any content placed on the Appointy Service. Appointy does not currently conduct criminal background checks or screenings of its users or Business users. Appointy does not inquire into the backgrounds of its users or Business Users or attempt to verify the information provided by users or Business users. Appointy makes no representations or warranties as to the conduct of the users or Business Users of the Appointy Service.

    Explanation

    Appointy is not responsible for the integrity and accuracy of the user data that you see on Appointy web sites. Your usage of the Services indicate your acceptance of all the associated risks. We reserve the right to edit or remove any content/ from our web sites.



    You have the ability to download the data during the term of your usage of your service in a structured, commonly used, and machine-readable format, by way of the requesting such copy from the Business user with a written notice. You acknowledge and agree that Appointy has no obligation to retain 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 User Data without liability. Upon termination for cause, Your right to access or use your User Data and the Services immediately and automatically ceases.

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

    Explanation

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

  13. 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 User 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.



    Data Processing Agreement

    • This Agreement also includes the Appointy User Data Processing Agreement (DPA) which is incorporated herein by reference. By agreeing to these terms, you also agree to the terms of the DPA
    • You may opt out of the DPA in its entirety. To opt out, contact Appointy. If you choose to opt out of the DPA, you will be prohibited from using the Services to process data regulated by the General Data Protection Regulation of the European Union (GDPR).

    Explanation

    By accepting this 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.

    • If Appointy becomes aware of any actual unlawful or unauthorized loss, disclosure, alteration of, or access to User 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.

    • You agree that Appointy may make 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 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.

    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.

    • Appointy agrees to promptly notify the Client if Appointy becomes unable to satisfy its obligations under this Section 13 on Data Protection.

    Explanation

    We will notify you if we cannot meet our obligations under section 13.

    • 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.

  14. Links to third party sites

    You may encounter hypertext links to websites operated by parties other than Appointy during your 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.

    Explanation

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

  15. Termination

    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 agreement has been terminated, you can no longer use Appointy and its services, you must also destroy any data that you hold, which originates from Appointy.

  16. Our responsibilities

    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 Use, satisfy legal requirements, or protect our rights and the right of others.

  17. Sole remedy

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

  18. CONTRACTING ENTITY AND APPLICABLE LAW/ JURISDICTION

    Your physical address determines which Appointy entity you are contracting with for the Subscription and Consulting Services. For this Agreement, “located in” means your shipping or physical address. If you are located in North America or Republic of Singapore, then you are 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., both parties consent 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 you are 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., 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.

  19. Entire agreement / translation / interpretation

    These Terms of Use, other Appointy legal policies as posted on the Appointy websites, and any operating rules for the Services established by Appointy constitute the entire agreement between Appointy and you regarding your use of the Services. If any provision of these Terms of Use 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 Use if no such modification is possible, and the other provisions of these Terms of Use shall remain in full force and effect. The section headings used are for convenience only and shall not be given any legal significance.

  20. EXPLANATORY PARAGRAPHS

    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.

    Explanation

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

  21. 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.

  22. 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 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 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 22, 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.

  23. Limitation of damages and liability

    IN NO EVENT SHALL APPOINTY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, 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 PROVIDES ITS SERVICES TO YOU FREE OF CHARGE AND DOES NOT HAVE ANY LIABILITY TO YOU FOR DAMAGES FOR ANY CAUSE WHATSOEVER.

    Explanation

    Appointy does not have any liability to you.

Copyright 2018 © Appointy. All rights reserved.