These terms of service ("Terms") are a legal agreement between you ("you," "your") and SnapAppointments, LLC ("SnapAppointments," "we," "our" or "us") and govern your use of SnapAppointments' services, including mobile applications, websites, software, plug-ins, tools, hardware, and other products and services (collectively, the "Services"). By using any of the Services, you are agreeing to be bound by the Terms.
You may access and use the Services in accordance with these Terms. These Terms govern your use of the Services, including, but not limited to, the process through which your customers schedule appointments with you, as well as your management of such appointments.
1. Account Terms
- You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use the Services.
- If you are creating an account on behalf of a company, you represent and warrant that you have the legal power and authority to bind said company to these Terms.
- To access and use the Services, you must register for a SnapAppointments account ("Account") by providing your name, a valid email address, and any other information indicated as required. We may reject your application for an Account, or cancel an existing account, for any reason, at our sole discretion.
- You acknowledge that SnapAppointments will use the email address you provide as the primary method of communication.
- You must ensure that any usernames, passwords and other access credentials (such as API tokens) for the Services are kept strictly confidential and not shared with any unauthorized person. You are responsible for all activities that occur on or through your account, whether authorized by you or not. You must notify SnapAppointments immediately of any breach of security or unauthorized use of your account. SnapAppointments cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
- You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account or your use of the Services ("Materials").
- 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 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.
2. General Conditions
- Technical support is only provided to paying Account holders and is only available via email.
- The section titles in these Terms are for convenience only and have no legal or contractual effect.
- You acknowledge and agree that SnapAppointments may amend these Terms at any time, with or without notice to you. By continuing to use the Services after the posting of any modifications to the Terms, you acknowledge and agree to be bound by the modifications. Therefore, it is important for you to periodically review our Terms to make sure you still agree to them. If you object to any such modifications, your sole recourse will be to discontinue use of the Services.
- You may not use the Services for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer's jurisdiction, or the laws of the United States. You will comply with all applicable laws, rules and regulations in your use of the Services.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Service, or access to the Services without the express written permission of SnapAppointments.
- You understand that your Materials (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
3. SnapAppointments Rights
- We reserve the right to modify or terminate the Services for any reason, without notice at any time.
- We reserve the right to refuse service to anyone for any reason at any time.
- We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered, or the Materials uploaded or posted, violate our AUP or these Terms.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any SnapAppointments customer, SnapAppointments employee, member, or officer will result in immediate Account termination.
- SnapAppointments does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service.
- We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment.
- In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
- SnapAppointments retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, SnapAppointments reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
4. Payment of Fees
- You agree to pay all fees applicable to your selected plan ("Fees"). You must keep a valid credit card on file with us to pay for all incurred and recurring fees. SnapAppointments will charge applicable fees to the credit card account that you authorize ("Authorized Card"), and SnapAppointments will continue to charge the Authorized Card (or any replacement card) for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency.
- Unless otherwise stated, all Fees are exclusive of any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to value-added, sales, use or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction (collectively, "Taxes"). You are responsible for paying all Taxes associated with your payments, except for those taxes based on the income of SnapAppointments.
- Fees are paid in advance and will be billed in 30 day intervals for Accounts subscribing to a monthly payment plan, or 1 year intervals for accounts subscribing to an annual payment plan, unless otherwise specified (each such date, a "Billing Date"). You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will be available on the Billing Information page of your SnapAppointments administration console. Users have 7 days to bring up and settle any issues with the billing of Fees.
- SnapAppointments reserves the right to audit and determine, in its sole discretion, whether the actual number of staff members in your Account is in excess of the number of staff members specified for your selected plan (a "Plan Discrepancy"). If SnapAppointments determines there is a Plan Discrepancy, then SnapAppointments may take whatever steps it deems necessary to resolve the Plan Discrepancy, including changing your selected plan to a plan that accurately reflects your actual number of staff members, retroactive to the date of creation of said Plan Discrepancy. If SnapAppointments changes your selected plan, the Fees will be adjusted accordingly and will be reflected on your next Billing Date. If you are subscribed to an annual payment plan, SnapAppointments reserves the right to invoice you for any additional Fees resulting from the resolution of the Plan Discrepancy.
- SnapAppointments offers a fully functional 30 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 Authorized Card has been charged. In order to be fair, no exceptions are made.
- If SnapAppointments charges your Authorized Card and the payment is declined, SnapAppointments reserves the right to suspend your access to the Services.
- If your account is suspended, SnapAppointments may, but is not obligated to, maintain your account and/or related content and information, in order to allow you to pay the past-due charges and restore your account. If the charges are not paid within 10 days of the date of suspension, or you have failed to negotiate a payment plan for all amounts then due, SnapAppointments reserves the right to cancel your account.
- In the event SnapAppointments cancels your account for nonpayment, all amounts due and unpaid from you to SnapAppointments for use of the Services shall become immediately due and payable. In the event of nonpayment and the exhaustion of the procedures set forth in this section, SnapAppointments reserves the right to seek payment using any remedies allowed to it by law.
5. Professional Services
- SnapAppointments may offer certain professional services, such as design, customization and marketing services, to users of the Services (collectively, the "Professional Services"). If you desire to engage SnapAppointments to provide Professional Services, you and SnapAppointments will document the scope, cost, schedule and deliverables for each such Professional Services engagement in a separate Statement of Work to be executed by both parties. Each Statement of Work will be subject to these Terms. In the event of any conflict between these Terms and any Statement of Work, the terms of the Statement of Work will control.
- SnapAppointments will perform the Professional Services described in each Statement of Work in a competent and professional manner and will use its reasonable commercial efforts to cause the Professional Services to be completed according to the schedule set forth in the Statement of Work. You will provide all assistance and cooperation reasonably necessary to permit SnapAppointments to timely and efficiently provide the Professional Services. You acknowledge that SnapAppointments will not be in breach of any Statement of Work if SnapAppointments' failure to provide the Professional Services is caused by your failure to provide the necessary assistance and cooperation.
- Upon payment in full of all of SnapAppointments' invoiced fees for the Professional Services, you will have a worldwide, royalty-free, non-exclusive, non-transferable right and license to use the deliverables specified in the corresponding Statement of Work (the "Deliverables") solely in connection with your Account. You will not rent, sell, assign, lease, sublicense or otherwise transfer any Deliverables.
- SnapAppointments owns all right, title and interest in and to the Deliverables. SnapAppointments reserves all rights to the Deliverables that are not expressly granted to you herein. Nothing herein will be construed as granting you any property rights in the Deliverables, or to any invention or any patent, copyright, trademark, or other intellectual property right that has been issued, or that may issue, based on the Deliverables. The Deliverables are licensed hereby, not sold.
6. Cancellation and Termination
- You may cancel your account at any time by emailing email@example.com and then following the specific instructions indicated to you in SnapAppointments' response.
Upon termination of the Services by either party for any reason:
- SnapAppointments will cease providing you with the Services and you will no longer be able to access your Account;
- unless otherwise provided in the Terms, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
- any outstanding balance owed to SnapAppointments for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
- your landing page will be taken offline.
7. Modifications to the Services
- Prices for using the Services are subject to change upon 30 days notice from SnapAppointments. Such notice may be provided at any time by posting the changes to the SnapAppointments website or the administration console of your Account via an announcement.
- SnapAppointments reserves the right to change, suspend or discontinue part or all of any version of the Services at any time, for any reason, without notice and without explanation.
- SnapAppointments shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.
8. Warranty Disclaimer
- Your use of the Services is at your sole risk. The Services are provided on an "as is" and "as available" basis without any warranty or condition, express, implied or statutory.
- SnapAppointments does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
- SnapAppointments does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
- SnapAppointments does not warrant that the quality of any products, services, advice, information, or other Materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.
- Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
9. Limitation of Liability
You expressly understand and agree that SnapAppointments shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from:
- the use of or inability to use the Services;
- the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services;
- unauthorized access to or alteration of your transmissions or data;
- statements or conduct of any third party in relation to the Services; or
- any other matter relating to the Services.
- In no event shall SnapAppointments be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms (however arising including negligence). You agree to indemnify and hold us and (as applicable) our subsidiaries, affiliates, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms or the documents it incorporates by reference (including the AUP), or your violation of any law or the rights of a third party.
10. Waiver and Complete Agreement
- The failure of SnapAppointments to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The Terms and the documents it incorporates by reference constitute the entire agreement between you and SnapAppointments and govern your use of the Services, superseding any prior agreements between you and SnapAppointments (including, but not limited to, any prior versions of the Terms).
- If any provision of these Terms 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 if no such modification is possible, and the other provisions of these Terms shall remain in full force and effect.
11. Intellectual Property and Customer Content
- We do not claim any intellectual property rights over the Materials you provide to SnapAppointments. All Materials you upload remains yours. SnapAppointments shall have a non-exclusive, worldwide, royalty-free, sublicensable and transferable right and license to use, reproduce, create derivative works of, distribute, publicly perform and publicly display your public-facing content in connection with the Services and SnapAppointments' business. You can delete your Account or Materials at any time, thus terminating this license (except to the extent that your Materials have been shared with others or syndicated to third parties and they have not deleted it).
- By uploading Materials, you agree: (a) to allow other internet users to view the Materials you post publicly; (b) to allow SnapAppointments to store, and in the case of Materials you post publicly, display, your Materials; and (c) that SnapAppointments can, at any time, review all the Materials submitted to its Services, although SnapAppointments is not obligated to do so. You are responsible for compliance of the Materials with any applicable laws or regulations.
- To the extent you do not have ownership rights to any of your Materials, you shall indemnify SnapAppointments for any claim regarding SnapAppointments' use of your Materials.
- We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any Materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
12. Links to Third Party Sites
You may encounter links to other content, products, services or websites operated by parties other than SnapAppointments during your use of the Services and on the SnapAppointments website. Because SnapAppointments has no control over such content, products, services or websites, SnapAppointments is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. SnapAppointments will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products, services or websites.
13. DMCA Notice
SnapAppointments supports the protection of intellectual property and asks our users to do the same. It's our policy to respond to all notices of alleged copyright infringement. If someone believes that their copyrighted work has been copied in a way that constitutes copyright infringement or that there is infringing material available through the Services, they can notify SnapAppointments' copyright agent. For the complaint to be valid under the DMCA, the complainant 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 they claim has been infringed;
- identification of the material that is claimed to be infringing and where it is located on the SnapAppointments website;
- information reasonably sufficient to permit SnapAppointments to contact the complainant, such as address, telephone number, and email address;
- a statement that they 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 the complainant is the copyright owner or is authorized to act on behalf of the owner.
The above information must be submitted to firstname.lastname@example.org.
If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at email@example.com.