Last Modified: November 19, 2018
This website (the "Site") and the Schedulista mobile device applications (the "Apps") are owned and operated by Hello World, LLC, dba Schedulista ("Schedulista," "we," "our," or "us").
Through the Site and Apps, Schedulista provides our registered customers ("Customers") with various services to help them manage their appointment schedules and enable their clients ("Clients") to easily book appointments with them ("Scheduling Services"). Meanwhile, our Site and Apps also have public portions that allow visitors to learn about Schedulista and the Scheduling Services we provide.
The Site, the Apps, the Scheduling Services, and any other services that we may provide on, through, or from the Site and Apps now or at a later time are collectively referred to as the "Services". All visitors to the Site and Apps, including Customers and Clients, are collectively referred to as "Users," "you," or "your".
1. ACCEPTANCE OF TERMS
Schedulista reserves the right to revise these Terms at our sole discretion at any time. Any changes are effective immediately upon posting. The most current version of the Terms may be found at https://www.schedulista.com/businesses/terms. For any material changes to the Terms, we will take reasonable steps to notify you of such changes. In all cases, your continued use of the Services after posting of such changes, with or without notification, constitutes your agreement to the revised Terms.
2. DESCRIPTION OF OUR SERVICES
The Schedulista Site and Apps are online service platforms designed to (i) provide Users with general information about Schedulista and (ii) help Customers with their booking and scheduling needs. We do not control any information provided by Customers or Clients, including, without limitation, a Customer’s business information, qualifications, cancellation policy, or the availability as posted either by Customers or Clients on or through our Services, and we disclaim any warranties or liabilities for your reliance on such information. You should also take caution in interacting with others, online or offline. Customers must resolve any issues, disputes, or concerns directly with their Clients. SCHEDULISTA HEREBY EXPRESSLY DISCLAIMS, AND YOU HEREBY EXPRESSLY RELEASE SCHEDULISTA AND ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES (COLLECTIVELY, THE "SCHEDULISTA PARTIES") FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, LOSSES, AND/OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE SERVICES OR YOUR INTERACTIONS OR DEALINGS WITH OTHERS ONLINE OR OFFLINE.
3. USE OF THE SERVICES
You acknowledge and agree that the Services contain proprietary and confidential information that is our property and/or property of our licensors and is protected by laws. Subject to these Terms, we grant you a non-exclusive, non-transferable, non-sublicensable, and revocable license to use the Services solely to the extent appropriate for your User status (i.e., only Customers have permission to access and use the Scheduling Services, and other visitors to the Site and Apps may only view information for personal, non-commercial uses). Use of our Services does not give you ownership of any intellectual property rights in our Services.
You agree not to (and not to allow or encourage any third party to) do any of the following:
- copy, modify, create derivative works from, reverse engineer, reverse assemble, disassemble, decompile, publicly display, publicly sell, lease, or transfer the Services or any part thereof or likewise;
- attempt to discover any source code, modify the Services in any manner or form, or use unauthorized modified versions of the Services, including, without limitation, for the purpose of building a similar or competitive product or service or for the purpose of obtaining unauthorized access to the Services;
- attempt to gain unauthorized access to others’ accounts or to the Services;
- restrict or inhibit anyone else from using and enjoying the Services;
- defame, harass, stalk, threaten, harm, or otherwise violate the legal rights of others;
- impersonate any person or entity, misrepresent affiliation with any person or entity, or defraud anyone;
- distribute any chain letters, junk, or spam e-mails;
- violate or attempt to violate any security features of the Services;
- upload or distribute viruses, worms, Trojan horses, time bombs, spiders, or any other similar software, malware, or materials that may damage, interfere with, or overburden the Services;
- use data mining, robots, or similar data gathering and extraction tools;
- reproduce, duplicate, copy, sell, re-sell, or exploit any information, materials, or content obtained from the Services for any purpose;
- use the Services or engage with other Users in any manner that violates applicable laws or regulations; or
- otherwise violate these Terms.
If you are a Customer, you also agree not to access the Scheduling Services by any means other than the interfaces that we provide to you. You are also expressly prohibited from sublicensing the Services to any third party or permitting anyone else other than you or authorized users as specified in your account to use the Services.
Your use of the Services must be in accordance with all applicable laws and regulations and these Terms. Your license to use the Services shall automatically terminate if you violate any of these Terms. We reserve the right to suspend or terminate your use of any of our Services with or without notice at any time in our sole discretion, for any reason or no reason. In the event of any suspension or termination, you agree to make no further use of the Services after such suspension or termination.
If you are a Customer and will be using the Services to process European Union personal data (as that term is defined in the General Data Protection Regulation), the following provisions apply:
- The terms of the GDPR Addendum apply to your use of the Services and our processing of personal data on your behalf;
- With regard to personal data related to data subjects located in the European Union, we will not process such personal data in a location outside the European Economic Area, except pursuant to the EU-US Privacy Shield;
- You hereby represent and warrant that you will only process personal data through the Services in compliance with applicable laws and regulations, and that you have obtained all necessary consents required under applicable law or regulation to process personal data you submit or solicit through the Services;
- You hereby represent and warrant that you will maintain a privacy statement that describes your processing of personal data through the Services as required by applicable law and regulation;
- You hereby represent and warrant that you will not use the Services to engage in activities likely to result in a high risk to the rights and freedoms of natural persons or to process special categories of personal data (‘sensitive data’) as described in the General Data Protection Regulation.
5. USER CONTENT
"User Content" is defined as any content, information, text, graphics, photos, videos, links, and/or any other materials that you post or submit to the Services or provide to others through the Services, including, but not limited to, your profile information, reviews, messages posted on community forums or sent to others.
You agree and warrant that you will not provide any User Content that: (i) is illegal, obscene, threatening, or defamatory; (ii) is invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable; or (iii) consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You retain all intellectual property rights in, and are solely responsible for, the User Content you provide.
To the extent that you provide User Content, you grant Schedulista a fully-transferable, royalty-free, perpetual, sublicensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, sell, monetize, and otherwise use the User Content. You represent and warrant that you own or otherwise control all of the rights to the User Content and you have all rights necessary to provide the User Content to us and to grant the license described above. In addition, you will indemnify us for all claims resulting from the User Content you supply.
Please understand that Schedulista has no control over the accuracy, reliability, completeness, timeliness, or usefulness of any User Content, and makes no representations or warranties about any User Content. We have the right, but not the obligation, to review, refuse, remove or modify User Content for any reason. Circumstances under which we may remove User Content include, but are not limited to, violation of these Terms, abuse of the Services, notification of possible infringement of another's rights, privacy concerns, compliance with the law and in assistance of law enforcement.
Additionally, you understand and agree that we may, without notice to you, access, preserve, and disclose any User Content provided by you if required to do so by law, or if, in our reasonable judgment, such is reasonably necessary to: (a) comply with your requests for assistance with the Services; (b) comply with legal process; or (c) address claims from third parties that any User Content provided by you violates their rights.
6. PAYMENTS AND TAXES
By signing up as a Schedulista Customer, you understand and agree that you are committed to a monthly subscription to the Scheduling Services and are responsible for paying the subscription fee at the beginning of each subscription month. The subscription fee may vary based on the type of subscription you select. The types of subscriptions and the associated fees are subject to change at any time in Schedulista’s sole discretion. We will take reasonable steps to notify you of changes that may be applicable to your subscription.
All payments due are in U.S. dollars unless otherwise indicated. All payments are final and non-refundable, and any exception, if any, will be made in our sole discretion. If your use of the Services is terminated for any reason (whether cancelled by you or terminated by us), you will not receive any refund for the monthly subscription fee you have already made for the month when such termination occurs.
You agree that the address and email address you provide in your account settings are valid business addresses and that we may invoice you at such addresses or through other electronic or facsimile communications. You also authorize us to bill the payment source you provide to us in your account for your subscription fee at the beginning of each subscription month and for any other fees or charges, if any. We accept credit cards or any other payment methods specified by us as payment sources. If your payment source is declined at any time (including, but not limited to, situations where we seek authorizations or make charge attempts), we may make additional attempts to reprocess your payment source and reserve the right to suspend or terminate your use of the Services immediately. We reserve the right to charge interest on all of your past due accounts. Interest shall accrue at the rate of one and one-half percent (1.5%) per month or the highest maximum rate permitted by law, whichever is less, from the date such payment was due until fully satisfied. You are responsible for all of our reasonable expenses (including attorneys' fees) incurred by us relating to collection activities associated with your past due accounts.
We use a third-party payment processor, currently Stripe, Inc. ("Stripe"), to help facilitate and process subscription payments. The payment processing services are provided by Stripe and are subject to the Stripe Service Agreement - United States and any other applicable Stripe agreements, as the same may be modified by Stripe from time to time (collectively, the "Stripe Services Agreement"). By agreeing to these Terms and to the extent that you make any payments to us, you also agree to be bound by the Stripe Services Agreement. Schedulista assumes no liability or responsibility for any payments you may make through this service.
You are solely responsible for all taxes associated with your use of the Services. If we are required to, or if we determine we have a duty to, collect or pay any taxes relating to your use of the Services under applicable law, you will be charged for all such taxes. If you are tax exempt, you must provide us with a valid tax-exempt certificate from the appropriate taxing authority.
7. ACCESS AND SECURITY
In order to use the Services as a Customer, you will be asked to create an account and to provide us with certain information about yourself and your business. You are responsible for providing accurate, current, and complete information in connection with your account registration and for using commercially reasonable efforts to maintain and promptly update the information to keep it accurate, current and complete. You agree that if you, upon registration or during your use of our Services, provide information that is intentionally inaccurate, not current or incomplete in a material way, or we have reasonable grounds to believe that such information is untrue, inaccurate, not current or complete in a material way, we have the right to suspend or terminate your use of the Services or any portion thereof immediately.
You must keep your password and account login confidential and secure, and you are solely responsible for all activities that occur under your password or on your account. You agree to immediately notify us of any attempted or actual compromised or unauthorized use of your password or account and/or any other breaches of security. We will not be liable for any losses caused by unauthorized use of your account. However, you could be held liable for losses to Schedulista or others due to such unauthorized use.
If a Customer’s subscription to the Scheduling Services is for multi-users, then the first user who creates the account on behalf of the Customer will become an administrator for Customer’s account and may add additional users within the scope of the Customer’s subscription (the first user and all subsequent users are collectively referred to as "Customer Authorized Users"). All Customer Authorized Users are subject to, and must fully comply with, these Terms.
8. CHANGE AND TERMINATION OF SERVICES
We may add, change, or remove the content, functionality, features, interfaces, or any other aspects of the Services from time to time. All changes will be subject to these Terms and any additional terms that may accompany such changes. Further, we may suspend or discontinue any part or all of the Services or terminate your use of the Services for any reason at any time without liability to you or anyone else. Some bases for immediate termination without notice to you may include, but not limited to:
- breaches of the Terms;
- requests by law enforcement, government agencies or court order;
- security and technical issues or problems;
- non-payment of any fees owed by you;
- extended periods of inactivity;
- any other reasons determined in Schedulista’s sole discretion.
Upon termination by us, we will have no further obligation to grant you any access to or use of the Services.
As a Customer, you may cancel your subscription to the Scheduling Services at any time.
9. THIRD-PARTY LINKS AND DEALINGS WITH OUTSIDE PARTIES
We may provide links to third-party sites or resources for you for informational purposes only. We are not responsible for the availability or content of such external sites or resources, and do not endorse any content, products, or other materials on or available from such sites or resources. We have no control over such links or resources, and your interaction with any third parties are solely between you and such parties. USE OF ANY SUCH LINKED SITES OR RESOURCES IS AT YOUR OWN RISK. WE WILL NOT BE LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE OF ANY KIND OR NATURE ARISING OUT OF, OR RELATED TO, OR INCURRED IN RELIANCE UPON, ANY SUCH INTERACTIONS, LINKS, RESOURCES OR CONTENT.
10. REPRESENTATIONS AND WARRANTIES
In addition to the representations and warranties you make elsewhere in these Terms, you also represent and warrant the following:
- all of the information you provide to us is correct;
- you have all necessary right, power and authority to enter into these Terms and to perform the acts required of you under these Terms;
- you will not harass or cause distress or inconvenience to any person;
- you will not disrupt the normal flow of any access to, or use of, the Services;
- you will comply with all local rules regarding online conduct and acceptable User Content; and
- you will comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
You will indemnify, defend, and hold harmless the Schedulista Parties from and against all claims, liabilities, expenses, damages, and costs (including, but not limited to, reasonable attorneys' fees and all settlement costs), made by any third party, arising out of or related to: (i) your use or misuse of, or inability to use, the Services; (ii) your violation of any of these Terms; (iii) your violation of any law or rights of any third party; (iv) your interactions with or conduct towards any other Users, or (v) any User Content provided by you, including, without limitation, any claim of infringement or misappropriation of intellectual property or other proprietary rights.
12. DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SCHEDULISTA PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. FURTHER, THE SCHEDULISTA PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE FOLLOWING: (I) THAT YOUR ACCESS TO THE SERVICES WILL BE RELIABLE, UNINTERRUPTED, SECURE OR ERROR-FREE; (II) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; (III) THAT THE SERVICES WILL BE FREE OF VIRUSES AND MALWARE; (IV) THAT ANYTHING GENERATED BY OR OBTAINED FROM THE SERVICES WILL BE COMPLETE, ACCURATE, RELIABLE, TRUE, OR TIMELY AND THAT ANY ERRORS WILL BE CORRECTED; (V) THE CONDUCT OF ANY USERS ONLINE OR OFFLINE; (VI) THE CONDUCT OF OTHER THIRD PARTIES, INCLUDING HACKERS OR OTHERS WHO ENGAGE IN THE UNAUTHORIZED ACCESS, USE, OR MISAPPROPRIATION OF ANY USER CONTENT OR INFORMATION; (VII) YOUR USE OF THIRD-PARTY SERVICES OR ANY THIRD-PARTY SITES LINKED TO FROM OUR SERVICES; AND (VII) ANY USER CONTENT.
13. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SCHEDULISTA PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES; (II) THE COST OF OBTAINING SUBSTITUTE GOODS OR SERVICES; (III) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR ACCOUNT OR INFORMATION; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; (V) YOUR INTERACTIONS WITH OTHERS, WHETHER ONLINE OR OFFLINE; OR (VI) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THE SERVICES EXCEEDING THE AMOUNTS PAID BY YOU FOR THE SERVICES IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE CLAIM.
14. COPYRIGHT DISPUTE POLICY
If you are a copyright owner or an agent of a copyright owner and believe that any content on the Site or the Apps infringes upon your copyrights, you may submit a notification in writing pursuant to the Digital Millennium Copyright Act ("DMCA") to our Copyright Agent at:
Hello World, LLC
1419 S Jackson, #111
Seattle WA 98144
The written notification must include the following information:
(a) a physical or electronic signature of a person authorized to act on behalf of the copyright owner;
(b) a description of the copyrighted work that you claim has been infringed upon;
(c) a description of where the material that you claim is infringing is located on the Site or the Apps;
(d) your address, telephone number, and e-mail address;
(e) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
15. GENERAL INFORMATION.
(a) Nothing contained herein will be construed to make either party a partner, employee or agent of the other party, nor will either party hold itself out as such. Neither party has any right or authority to incur any warranty, liability, or obligation of any kind (express or implied) on behalf of the other party.
(b) The Terms will be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of law provisions. Any claims or legal proceeding arising out of or related to the Services will be brought solely in the state and federal courts located in Seattle, Washington, and you hereby consent to the jurisdiction of such courts. IN ADDITION, WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION, AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
(c) Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of the right or provision. If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
(d) You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on the Site, the Apps, or through the Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.