ScheduleOnce Terms of Use

Last updated: September 30, 2016

Welcome to the ScheduleOnce User Agreement. This Agreement describes the terms by which you may access and use our services. In order to become a ScheduleOnce User, you must read and accept all of the terms and conditions of this Agreement and the Application Privacy Policy. In the event of any inconsistency between the ScheduleOnce Application Privacy Policy and this User Agreement, the User Agreement shall take precedence. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. If you do not agree to be bound by the terms of this Agreement, you may not use nor access our services.

We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this website. Your continued use of the ScheduleOnce Service indicates your acceptance of the amended User Agreement.

1. DESCRIPTION OF SERVICE

ScheduleOnce is an online service (Software as a Service) that automates scheduling with customers and prospects (the “ScheduleOnce Service”).

2. USE OF SERVICE

Your use of the ScheduleOnce Service is governed by this User Agreement.

You are responsible for maintaining the confidentiality of your login ID and Booking page links. ScheduleOnce cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

3. USER CONDUCT

You understand and agree not to use ScheduleOnce to:

  • Post content or initiate communications which are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable.
  • Use for any illegal purpose, including but not limited to conspiring to violate laws.
  • Request private information that requires specialized clearance or certification to collect or store, such as credit card data, medical data, or other sensitive information that is regulated through security compliance policies.
  • Falsely state, impersonate, or otherwise misrepresent your identity.
  • Upload, post, email, transmit, or otherwise make available any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure Agreements).
  • Upload, post, email, transmit, or otherwise make available any content or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights.
  • Upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’ or any other form of solicitation.
  • Upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
  • Stalk or harass anyone.
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the ScheduleOnce Service.
  • Post content in fields that aren't intended for that content. Example: putting an address in a name or title field.
  • Interfere with or disrupt the ScheduleOnce Service or servers or networks connected to the ScheduleOnce Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the ScheduleOnce Service.

4. RIGHT OF REFUSAL

ScheduleOnce reserves the right to grant a license to the ScheduleOnce Service at their sole discretion. ScheduleOnce values its employees and will only accept civil language in telephone and email communications. Communication that ScheduleOnce employees interpret as inappropriate, including, but not limited to, usage of profane language, anger, threats, or general lack of respect for our staff might result in termination of your license and any obligation for further support or assistance by ScheduleOnce. This will be determined solely at ScheduleOnce's discretion.

5. INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all applicable national, state, or local ordinances, including but not limited to regulations involving online conduct and permissible content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data imported into, or exported from the United States or the country in which you reside.

6. INFORMATION PROVIDED ON THIS WEBSITE

In the course of using the ScheduleOnce Service, users may provide information about themselves which may be visible to certain other users (see our Application Privacy Policy to learn more about information collected on this website). You understand that by posting materials on the ScheduleOnce website or otherwise providing materials to ScheduleOnce, you are granting to ScheduleOnce Corporation a royalty-free, perpetual, irrevocable license to use this information in the course of offering the ScheduleOnce service. Furthermore, you understand that ScheduleOnce retains the right to reformat, excerpt, or translate any materials submitted by you. You understand that all information publicly posted or privately transmitted through the ScheduleOnce Service is the sole responsibility of the person from which such content originated and that ScheduleOnce will not be liable for any errors or omissions in any content. You understand that ScheduleOnce cannot guarantee the identity of any other users with whom you may interact in the course of using the ScheduleOnce Service. Additionally, we cannot guarantee the authenticity of any data which users may provide about their availability.

7. ACCESS TO SERVICE

Use of manual or automated software, devices, or other processes to ‘crawl’ or ‘spider’ any web pages contained in the ScheduleOnce website is strictly prohibited. You agree not to monitor, copy, or allow others to monitor or copy our web pages or the content included herein. You also agree not to frame, duplicate, or otherwise simulate the appearance or function of this website. Furthermore, you agree not to take any action that interferes with the proper working of our website or application, or places an unreasonable load on our infrastructure. This includes but is not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.

8. SCHEDULEONCE COMMUNICATIONS

In the course of providing you services, ScheduleOnce may need to communicate with you via email (see our Application Privacy Policy to learn more about communications). You agree to receive emails which are specific to your account and necessary for the normal operation of the Service.

9. MONITORING & ENFORCEMENT

While we have the right to monitor activity and content associated with the ScheduleOnce Service, we are not obligated to do so. And since we do not and may not have the ability to control or actively monitor content, we don't guarantee its accuracy, integrity, or quality. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using our website, you may be exposed to content that you find offensive or objectionable. You can contact our Customer Success Department to let us know of content you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to, issuing warnings or removing the content. However, because situations and interpretations vary, we also reserve the right not to take any action. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the website.

10. FREE TRIALS

ScheduleOnce offers free trials on all plans. Free trials are fully functional and do not require any payment information. If you do not upgrade the free trial to a paid plan, your access to the free trial account will be suspended after 14 days. You will then have 30 days in which you can upgrade your suspended free trial to a paid account. After that, ScheduleOnce reserves the right to permanently delete your free trial account.

11. PAID PLANS

All plans require a recurring subscription and are billed in advance of the billing cycle on a monthly or annual basis. ScheduleOnce accepts all major credit and debit cards as well as PayPal. When requested and approved, ScheduleOnce may bill you manually for a term of one year or more.If you are paying via credit card or PayPal, the recurring charge will be automatically debited from your card or PayPal account, depending on the payment method and billing cycle you selected. If you are on manual billing, a renewal invoice will be issued 60 days before the end of your subscription. When you upgrade or add licenses, the change will take effect immediately. Your original billing date will not change and your first payment will be prorated accordingly. When you downgrade or remove licenses, or make a billing cycle change, the change will only take effect at the end of the current billing cycle.

ScheduleOnce may change the fees and charges in effect, or add new fees and charges from time to time. If we increase prices for a service to which you are already subscribed, we will give you advance notice of these changes by email, and allow you to opt out. Otherwise, you authorize us to charge your card or PayPal account for such varying amounts. ScheduleOnce may also periodically authorize your credit card in anticipation of account or related charges. ScheduleOnce allows you to add one or more backup cards. When you add a backup card, you authorize us to automatically charge your backup card if the main card fails.

If any fee is not paid in a timely manner, or if ScheduleOnce is unable to process your transaction using the card or PayPal information provided, ScheduleOnce reserves the right to revoke access to your account. If you do not bring your balance current within 30 days, ScheduleOnce reserves the right to permanently delete your account. It is your responsibility to keep your contact information and payment information current and updated.

Your ScheduleOnce plan will continue in effect unless and until you cancel it, or we terminate it. If you pay via credit card or PayPal, you must cancel your plan no later than three days before it renews each period in order to avoid billing of the next period's fees to your card or PayPal account. If you are on manual billing, you must notify ScheduleOnce of your intent to cancel your subscription at least 60 days before your subscription expires. All ScheduleOnce plans are prepaid and are non-refundable. ScheduleOnce does not provide refunds or credits for any partial billing periods. There will be no refunds also in the following explicit cases: unavailability of the service, non-use of the service, or when the functionality of the service has changed.

ScheduleOnce reserves the right to impose a reconnection fee in the event your account is suspended and you decide to reopen your account again at a later date. You agree and acknowledge that ScheduleOnce has no obligation to retain customer data and that such customer data may be irretrievably deleted if your account is delinquent.

12. PAYMENT INTEGRATION

ScheduleOnce payment integration facilitates acceptance of PayPal and credit card payments into your connected PayPal account.

While ScheduleOnce communicates with your PayPal account, it is not party to the transaction and does not store or process credit card or financial data. Transactions are only processed and managed by PayPal. Security and PCI compliance for any card data provided by your customers is under PayPal’s responsibility. You can find the PayPal terms of service here: https://www.PayPal.com/webapps/mpp/ua/useragreement-full

When you connect your PayPal account to ScheduleOnce, you will be prompted to allow automatic billing of a 1% transaction fee for each payment received via ScheduleOnce. The transaction fee is automatically charged with each payment and will be visible as an individual transaction in your connected PayPal account. At the beginning of each month you will receive an invoice from ScheduleOnce that summarizes all transaction fees paid during the previous month.

All payments received via ScheduleOnce are subject to the 1% transaction fee, including those made during a free trial. ScheduleOnce does not charge a transaction fee for refunds made via ScheduleOnce. ScheduleOnce transaction fees are non-refundable under any circumstances.

13. SMS TERMS AND CONDITIONS

If you purchase SMS credits, ScheduleOnce allows you to send booking notifications, reminders and follow-up messages to your users or customers via SMS. SMS notifications to US phone numbers are sent from short code 75732. SMS notifications to international phone numbers may be sent from our short code or other local numbers.

Mobile phone numbers provided by your customers and users are held in strict confidence and will only be used for sending scheduling notifications based on settings that you define. See below for additional terms:

User opt-in:
Customers opt in by providing their mobile phone number during the booking process and leaving the box that enables sending of SMS checked.

User opt-out:
To opt out from receiving scheduling notifications via SMS, you can uncheck the box that enables sending of SMS in the Personal settings section. If you have a US phone number, you can also opt out by replying to any SMS you receive with STOP, END, QUIT, CANCEL, UNSUBSCRIBE.

Customer opt-out:
If you have a US phone number, you can opt out from receiving scheduling notifications via SMS by replying to any SMS you receive with STOP, END, QUIT, CANCEL, UNSUBSCRIBE. If you have a non-US phone number, you may opt out by emailing support@scheduleonce.com.

Cost:
To send scheduling notifications via SMS, you must purchase SMS credits from ScheduleOnce. Each SMS credit allows sending of an SMS which is 160 characters long. SMS notifications longer than 160 characters will be billed as more than one SMS credit. ScheduleOnce will make every effort to ensure successful delivery of every SMS sent through our system. However, please note that payment is for sending the SMS, regardless if it was successfully delivered or not.

Please note that message and data rates may apply when receiving SMS notifications. Users or customers who receive SMS may incur a fee, depending on the arrangement they have with their wireless service provider. The wireless service provider may assess charges for any text message received, and users or customers will be responsible for these charges. Note that SMS notifications longer than 160 characters may be billed by the wireless service provider as more than one SMS message.

14. THIRD-PARTY APPLICATIONS

You may purchase a connector to integrate the ScheduleOnce Service with a supported third-party application. You agree to hold harmless and release ScheduleOnce from any liability relating to your use of the third-party application or integration of the ScheduleOnce Service with the third-party application. Your ability to use the third-party application with the ScheduleOnce Service may be limited according to the third-party's terms and conditions.

When you integrate the ScheduleOnce Service with a third-party application, you authorize ScheduleOnce to share any Customer Data, whether confidential or not, with the third-party application. Any links to third-party websites are provided for convenience only. ScheduleOnce does not control or endorse any material or information found on third-party websites.

15. INDEMNIFICATION

By accepting this User Agreement, you agree to indemnify and otherwise hold harmless ScheduleOnce Corporation, its officers, employees, agents, subsidiaries, affiliates, and other partners from any direct, indirect, incidental, special, consequential, or exemplary damages resulting from i) your use of the ScheduleOnce Service, ii) unauthorized access to or alteration of your communications with or through the ScheduleOnce Service, or iii) any other matter relating to the ScheduleOnce Service. Any business transactions which may arise between users from their use of ScheduleOnce are the sole responsibility of the users involved.

Without limitation of the terms and conditions set forth in our Application Privacy Policy, you understand and agree that ScheduleOnce may disclose personally identifiable information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this User Agreement, or protect the rights, property, or safety of ScheduleOnce, its users, and the public.

16. DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT THE SCHEDULEONCE SERVICE IS PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS AND THAT SCHEDULEONCE DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. SCHEDULEONCE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

SCHEDULEONCE MAKES NO WARRANTY THAT (i) THE SCHEDULEONCE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SCHEDULEONCE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SCHEDULEONCE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SCHEDULEONCE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SCHEDULEONCE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND 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.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SCHEDULEONCE OR THROUGH OR FROM THE SCHEDULEONCE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS USER AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

17. INTERNET DELAYS

SCHEDULEONCE’S SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. SCHEDULEONCE IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

18. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT SCHEDULEONCE 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 (EVEN IF SCHEDULEONCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL EITHER PARTY’S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.

19. GOVERNING LAW

The User Agreement between you and ScheduleOnce Corporation will be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles.

20. ENTIRE AGREEMENT

The User Agreement constitutes the entire Agreement between you and ScheduleOnce and governs your use of the ScheduleOnce Service, superseding any prior Agreements between you and ScheduleOnce. This agreement may be assigned without your consent to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger.

21. GENERAL INFORMATION

ScheduleOnce, the ScheduleOnce logo, MeetMe.SO, BookNow.SO, and other ScheduleOnce logos and names are trademarks of ScheduleOnce Corporation. You agree not to display or use these trademarks in any manner without ScheduleOnce's prior, written permission. The section titles of this User Agreement are displayed for convenience only and have no legal effect.