Terms of Service

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws and treaties in the United States and around the world. The Content and Marks are provided in or through the Services "AS IS" for your internal business purpose only.

Your use of our Services

Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable license to:

• Access the Services
• Download or print a copy of any portion of the Content to which you have properly gained access

solely for your internal business purpose.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any purpose whatsoever, without our express prior written permission.

Your submissions

By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission.

By using the Services, you represent and warrant that:

• All registration information you submit will be true, accurate, current, and complete
• You will maintain the accuracy of such information and promptly update such registration information as necessary
• You have the legal capacity and you agree to comply with these Legal Terms
• You are not under the age of 18
• You will not access the Services through automated or non-human means, whether through a bot, script, or otherwise
• You will not use the Services for any illegal or unauthorized purpose
• Your use of the Services will not violate any applicable law or regulation

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services.

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

Dealsby Appointments supports role-based access control. Account owners may create additional staff user accounts with varying permission levels. The account owner is responsible for all activity conducted under their account and any sub-accounts they create.

Dealsby Appointments is offered as a Software-as-a-Service (SaaS) subscription. The following subscription plans are currently available:

SMS & Email Add-On Packs

Additional communication credits may be purchased as add-on packs or on a pay-as-you-go basis:

We reserve the right to modify subscription plans, features, pricing, and included allotments at any time.

We accept payment through Stripe, Inc. All payment processing is handled by Stripe in accordance with their terms of service and PCI-DSS compliance standards. We do not directly store credit card numbers on our servers.

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. All payments shall be in US dollars.

Billing and Renewal

Your subscription will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order.

We may offer a free trial to new users who register with the Services. The account will be charged according to the user's chosen subscription plan at the end of the free trial period unless the subscription is canceled before the trial expires. Free trial terms and duration are determined at our sole discretion and may change at any time.

You can cancel your subscription at any time by contacting us at support@dealsby.io or through your account settings. Your cancellation will take effect at the end of the current paid term. You will not receive a refund for the current billing period, but you will retain access to your plan features until the end of the period.

Dealsby Appointments provides SMS messaging (via Twilio) and email messaging (via SendGrid) features that allow business subscribers to send transactional communications to their clients and customers, including appointment confirmations, reminders, follow-ups, and custom messages.

Your responsibilities

• You have obtained all required consents from recipients prior to sending any communications
• You will comply with the TCPA, CAN-SPAM Act, and all other applicable federal, state, and international laws
• You will honor all opt-out requests promptly. Recipients may reply "STOP" or "UNSUBSCRIBE" to opt out
• You will not use the communication features to send spam, unsolicited marketing, or objectionable content
• You are solely responsible for the content of all messages sent through the Services on your behalf

Usage limits

SMS and email allotments are determined by your subscription plan and any additional add-on packs purchased. Unused allotments do not roll over between billing cycles. Usage beyond your allotment will be billed at the applicable pay-as-you-go rate.

You may not access or use the Services for any purpose other than that for which we make the Services available. As a user of the Services, you agree not to:

• Systematically retrieve data or other content from the Services without written permission
• Make any unauthorized use of the Services, including collecting usernames or email addresses for unsolicited email
• Circumvent, disable, or otherwise interfere with security-related features of the Services
• Engage in unauthorized framing of or linking to the Services
• Trick, defraud, or mislead us and other users to learn sensitive account information
• Make improper use of our support services or submit false reports of abuse or misconduct
• Engage in any automated use of the system without authorization
• Interfere with, disrupt, or create an undue burden on the Services
• Attempt to impersonate another user or person
• Use any information obtained from the Services to harass, abuse, or harm another person
• Use the Services as part of any effort to compete with us without authorization
• Decipher, decompile, disassemble, or reverse engineer any of the software
• Upload or transmit viruses, Trojan horses, or other interfering material
• Use the SMS or email features to send spam or violate TCPA, CAN-SPAM Act, or similar laws

The Services may provide you with the opportunity to create, submit, post, or display content and materials to us or through the Services, including but not limited to text, business names, appointment details, client notes, service descriptions, staff profiles, custom messages, and other information ("Contributions").

When you create or make available any Contributions, you represent and warrant that:

• Your Contributions do not infringe the proprietary rights of any third party
• You are the creator and owner of or have the necessary licenses, rights, consents, and permissions
• Your Contributions are not false, inaccurate, or misleading
• Your Contributions are not unsolicited advertising, spam, or other forms of solicitation
• Your Contributions are not obscene, violent, harassing, libelous, or otherwise objectionable
• Your Contributions do not violate any applicable law, regulation, or rule
• Your Contributions do not violate the privacy or publicity rights of any third party

By posting your Contributions to any part of the Services, you automatically grant us a non-exclusive, transferable, royalty-free, worldwide right and license to host, use, copy, reproduce, store, cache, publicly display, reformat, translate, transmit, and distribute such Contributions for the purpose of operating and providing the Services.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions.

We have the right, in our sole and absolute discretion, to edit, redact, re-categorize, pre-screen, or delete any Contributions at any time and for any reason, without notice.

The Services may contain links to other websites and content belonging to or originating from third parties. We are not responsible for the content, accuracy, privacy practices, or other policies of any Third-Party Websites or Third-Party Content.

The Services integrate with the following third-party services:

• Stripe — Payment processing
• Twilio — SMS messaging
• SendGrid (Twilio) — Email delivery
• Google Firebase / Google Cloud Platform — Cloud infrastructure and database

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who violates the law or these Legal Terms; (3) in our sole discretion, refuse, restrict access to, limit the availability of, or disable any of your Contributions or any portion thereof; (4) remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

We care about data privacy and security. Please review our Privacy Policy at dealsbyappointments.com/privacy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States.

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party.

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance, resulting in interruptions, delays, or errors.

These Legal Terms shall be governed by and defined following the laws of the State of Georgia, United States. Virely LLC and yourself irrevocably consent that the courts of Fulton County, Georgia shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.

Informal negotiations

To expedite resolution and control the cost of any dispute, the Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding arbitration

Any dispute arising out of or in connection with these Legal Terms shall be referred to and finally resolved by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The seat of arbitration shall be Atlanta, Georgia. The language of the proceedings shall be English.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. No arbitration shall be joined with any other proceeding, and there is no right or authority for any Dispute to be arbitrated on a class-action basis.

There may be information on the Services that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties; (5) your violation of the rights of a third party; (6) any overt harmful act toward any other user of the Services; or (7) your use of the SMS and email communication features in violation of the TCPA, CAN-SPAM Act, or any other applicable law.

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services.

You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES.

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision.

If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or use of the Services.

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us: