Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and GET SCHEDULED ("Company," "we," "us," or "our") governing your access to and use of the GET SCHEDULED website, mobile applications, and services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

2. Description of Services

GET SCHEDULED provides an online appointment scheduling platform that enables service professionals ("Business Users") to:

• Create and manage online booking pages
• Schedule and manage appointments with clients
• Send automated appointment reminders via email and SMS
• Process payments for services
• Manage client information and records
• Generate business reports and analytics

The Services also allow clients ("End Users") to book appointments with Business Users through their booking pages.

3. Account Registration

3.1 Eligibility

You must be at least 18 years old and capable of forming a binding contract to use our Services. By creating an account, you represent that you meet these requirements.

3.2 Account Information

You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account credentials and for all activities that occur under your account.

3.3 Account Security

You must notify us immediately of any unauthorized access to or use of your account. We are not liable for any loss or damage arising from your failure to protect your account credentials.

4. Subscription Plans and Payments

4.1 Subscription Plans

We offer various subscription plans with different features and pricing. Plan details are available on our website and may be updated from time to time.

4.2 Payment Terms

By subscribing to a paid plan, you agree to pay all applicable fees. Payments are processed through Stripe, our third-party payment processor. You authorize us to charge your payment method for all fees due.

4.3 Billing Cycle

Subscriptions are billed in advance on a monthly or annual basis, depending on the plan selected. Your subscription will automatically renew unless you cancel before the renewal date.

4.4 Cancellation

You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of your current billing period. We do not provide refunds for partial billing periods.

4.5 Price Changes

We reserve the right to change our prices. Price changes will be communicated in advance and will apply to the next billing cycle.

4.6 SMS Credits

Certain plans include SMS credits for appointment reminders. Additional credits may be purchased. Unused credits do not roll over between billing periods unless otherwise specified in your plan.

5. Acceptable Use

You agree not to use the Services to:

• Violate any applicable laws or regulations
• Infringe the intellectual property rights of others
• Send spam, unsolicited messages, or harass others
• Transmit malware, viruses, or other harmful code
• Attempt to gain unauthorized access to our systems or other users' accounts
• Use the Services for any illegal, fraudulent, or deceptive purposes
• Interfere with or disrupt the integrity or performance of the Services
• Collect or store personal information about others without their consent
• Use automated systems (bots, scrapers) to access the Services without permission
• Impersonate any person or entity or misrepresent your affiliation

6. Business User Responsibilities

As a Business User, you are responsible for:

• Obtaining all necessary consents from your clients before collecting their information or sending them communications
• Complying with all applicable privacy laws regarding client data
• Ensuring the accuracy of information you provide about your services
• Honoring appointments booked through your booking page
• Maintaining your own privacy policy if required by law
• Providing accurate pricing information for your services

7. Payment Processing

7.1 Payment Processing for Business Users

Business Users who accept payments through GET SCHEDULED must connect a Stripe account. You agree to comply with Stripe's terms of service and all applicable payment card industry regulations.

7.2 Refunds and Disputes

Business Users are responsible for their own refund policies and for resolving payment disputes with their clients. We may assist in facilitating refunds but are not responsible for disputes between Business Users and their clients.

7.3 Chargebacks

Business Users are responsible for all chargebacks and related fees that may result from transactions processed through their accounts.

8. Intellectual Property

8.1 Our Intellectual Property

The Services, including all content, features, and functionality (including but not limited to text, graphics, logos, icons, images, and software), are owned by GET SCHEDULED and are protected by copyright, trademark, and other intellectual property laws.

8.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Services for their intended purpose in accordance with these Terms.

8.3 Your Content

You retain ownership of content you upload to the Services (including your business information, logos, and client data). By uploading content, you grant us a license to use, store, and display that content as necessary to provide the Services.

9. Privacy

Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

10. Disclaimers

10.1 "As Is" Basis

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10.2 No Guarantee

We do not warrant that:

• The Services will be uninterrupted, secure, or error-free
• Any defects or errors will be corrected
• The Services will meet your specific requirements
• SMS messages or emails will be delivered successfully

10.3 Third-Party Services

We are not responsible for any third-party services, including payment processors, SMS providers, or calendar integrations. Your use of these services is subject to their respective terms.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GET SCHEDULED SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify, defend, and hold harmless GET SCHEDULED and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Services
• Your violation of these Terms
• Your violation of any rights of another party
• Your clients' data or your handling of such data

13. Termination

13.1 Termination by You

You may terminate your account at any time by contacting us or through your account settings.

13.2 Termination by Us

We may suspend or terminate your access to the Services at any time, with or without cause, with or without notice, including if we believe you have violated these Terms.

13.3 Effect of Termination

Upon termination, your right to use the Services will immediately cease. We may delete your account data after a reasonable period. Provisions that by their nature should survive termination will survive (including indemnification, limitation of liability, and dispute resolution).

14. Dispute Resolution

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States and the State of Delaware, without regard to its conflict of law provisions.

14.2 Informal Resolution

Before filing any formal legal action, you agree to attempt to resolve any dispute informally by contacting us. We will attempt to resolve the dispute within 30 days.

14.3 Arbitration

Any dispute not resolved informally shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Delaware. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

14.4 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Effective Date." Your continued use of the Services after any changes constitutes your acceptance of the new Terms.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and GET SCHEDULED regarding the Services.

16.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

16.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.

16.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

17. Contact Us

If you have any questions about these Terms, please contact us:

• Email: [email protected]