These Terms of Service are a legal document designed to protect your rights and the rights of DGN Distributions, LLC (DBA "Appointment Aid", hereafter: "the Developer", with regards to the Appointment Aid service, software, documentation, and incidental intellectual property (hereafter: "Appointment Aid" or "the service"). Using Appointment Aid constitutes acceptance of these terms. If you do not consent to the terms of service, please contact the Developer to have your account canceled and future charges prevented.
Description of Service and Parties
Appointment Aid is a service providing an instrument for automatically sending phone calls, text (SMS) messages, and emails to parties who have elected to receive them on your behalf. Appointment Aid can be accessed through our website, telephone system, text (SMS) messages, and through such automated means as we may provide to you.
You may not use the service if you are under 13 years of age.
Description of Agreement:
These terms of service are provided online at https://www.appointmentaid.com/terms-of-service.php . We reserve the right to update them at any time, without giving notice to you. Continuing to use Appointment Aid after the terms of service have been updated constitutes your acceptance of the new Terms of Service.
You agree to pay the Developer a monthly fee in advance in return for your use of Appointment Aid. The amount of the monthly fee depends on which subscription plan you register for. The fee is disclosed prominently on the Pricing page and within the Appointment Aid interface. For some plans the Developer agrees to waive the monthly service fee for your first month of your use of Appointment Aid. If you do not cancel your subscription within 30 days of creation, the Developer will charge your credit card for the next month’s service fee. You will be charged thereafter on a monthly basis.
Appointment Aid has several subscription levels. The level you choose to subscribe to determines what features of Appointment Aid you may use, and how much of some particular features you may use (quota). The Developer reserves the right to change subscription level features, quotas, and pricing at any time, with or without notice. The Developer pledges to allow you to continue with your previous quotas and pricing for a period of at least six months from the date of the plan being changed, if the plan change is detrimental to you. Quota has no value, does not accumulate over time, and is not refundable if not used.
Intellectual Property Rights:
All rights in Appointment Aid, the website, and related documentation are owned and/or licensed by the Developer. You are hereby granted non-exclusive rights to make use of the Appointment Aid service. Your license to use Appointment Aid does not entitle you to any ownership whatsoever of the underlying intellectual property.
You are forbidden from:
Taking any forbidden action with the service immediately terminates your license to use the service.
Termination of Service:
The Developer may terminate your use of the service at any time, for any reason. The Developer may deny anyone use of the service at any time, for any reason. You may cancel your use of the service at any time. You may cancel the service through the service interface itself, or by sending an email to firstname.lastname@example.org. Unused time, quota, and any other features expire immediately upon cancellation and is not eligible for a refund except as specified below.
The Developer offers full refunds on request for the most recent transaction up to 30 days past the most recent transaction date. Refunds after that period will be at the sole discretion of the Developer.
Limitation of Liability:
THE SERVICE IS SOLD "AS IS" AND "WITH ALL FAULTS". THE DEVELOPER MAKES NO WARRANTY THAT IT IS FREE OF DEFECTS OR IS SUITABLE FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL THE DEVELOPER BE RESPONSIBLE FOR LOSS OR DAMAGES ARRISING FROM THE USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE CUSTOMER IS SOLELY RESPONSIBLE FOR ENSURING THAT THEIR USE OF THE SOFTWARE IS IN ACCORDANCE WITH THE LAW OF THEIR JURISDICTION.
The Developer makes commercially reasonable attempts to protect the privacy of data you enter into the service. This includes encryption of all data between You and the service, physical security for the machines the service is hosted on, and legal and technical means to restrict access to data to only persons authorized by You or the Developer. The Developer does not warrant that these measures will satisfy any particular legal requirement in your jurisdiction. The Developer will not expose data which you enter to other parties with the following exceptions:
The Developer expressly disclaims confidentiality of any information which is transmitted via telephone, SMS message (Text), or email. It is an unavoidable aspect of these methods of communication that information included in them can be intercepted and recorded by third parties, including parties other than those you intend the information to be received by. You understand and acknowledge this, and hold the Developer harmless for any disclosure of information included contained in or used to address a phone call, email, or SMS (Text) message. You further understand and acknowledge that these methods of communication are not appropriate for all uses. You are solely responsible for ensuring that your communications and use of the service are appropriate, including that they satisfy privacy laws in your jurisdiction, including but not limited to health, education, and consumer privacy laws.
Service Level Agreement:
The Developer makes no warrant that your access to the service will be uninterrupted. However, the Developer makes commercially reasonable efforts to prevent downtime and data loss from occurring. The Developer makes no warrant that communications you schedule for delivery through the service will be delivered or that they will be delivered in a timely manner.
The Developer will make commercially reasonable efforts to respond to all inquiries within 24 hours. Your use of Appointment Aid does not entitle you to real time support via any particular communications channel.
The Developer may offer you the opportunity to purchase a separate Service Level Agreement, for an additional fee, as a separate contract.