Terms of Use

Thanks for using Skedio. These Terms of Use ("Terms" or "Agreement") are a legal agreement between you and Skedio ("Skedio," "we," "our," or "us") and govern your use of all the text, data, information, software, graphics, photographs and more that we and our affiliates may make available to you (all of which we refer to as "Documentation"), including our websites and any services, plug-ins, software or other Downloadable Tools (as defined below) that we may provide through any of our websites (the "Platform" or "Website" and together with the Materials, these "Service(s)"). Skedio "Users" are the people who have created a Skedio account (also referred to as "Customer(s)"). A Skedio "Viewer" is a person who visits the Skedio Website but may or may not be a Skedio User.

If you are entering into these Terms on behalf of a company or other organization, you hereby represent and warrant that you are authorized to enter into these Terms on behalf of such company or other organization ("Authorized User").

Scope

Skedio's Services facilitate the online management and scheduling of tasks. You may access and use the Services only in accordance with these Terms. Please note that these Terms govern your use of the Services, including, but not limited to, the process through which your Invitees schedule appointments with you.

When using the features of the Services you are subject to any agreements, policies or guidelines applicable to such features that may be posted from time to time. All such agreements, policies or guidelines, including the Privacy Notice, the End User License Agreement and the Data Processing Addendum (as applicable) are hereby incorporated by reference into these Terms.

General Use

We invite you to use these Services for your individual purposes and not for the purposes of reselling ("Permitted Purposes") – enjoy!

Subject to these Terms, we grant you a limited, personal, non-exclusive and non-transferable license to use and to display the Documentation and a limited, personal, non-exclusive and non-transferable right to access and use the Service following the set-up of a Free Account or Paid Account as set forth below. You have no other rights in the Service and shall not use the Services for any purposes beyond the scope of the access granted in this Agreement.

Subject to these Terms, we also grant you a limited, personal, non-exclusive, non-transferable license to download, install and operate any plug-ins, software, information, or other content that we may have specifically identified within the Website as available for download solely in connection with accessing the Website, including, but not limited to, relevant Skedio browser extensions ("Downloadable Tools").

Our Service is not intended for and may not be used by individuals under 13 years of age except as provided by the Educational Use Section of these Terms. By registering for a Skedio account, you state that you are at least 18 years of age, and you are responsible for ensuring that all Skedio Users are at least 13 years old.

Account Setup

To use the Website, you need to set up a Skedio account. You may establish either a free account ("Free Account") or a paid account ("Paid Account"). You are authorized by Skedio to set up one Free Account only. Skedio reserves the right to terminate any additional Free Accounts set up by you and any Free Accounts that have been inactive for over 6 months.

When you create an account, we collect registration-related information, which includes your email address and your name. You are responsible for complying with these Terms when you access this Website, whether directly or through any account that you may set up through or on this Website.

You agree to choose a strong and secure password(s) and maintain the confidentiality of your password(s). Should you believe your password or security for this Website has been breached in any way, you must immediately notify us at support@skedio.com.

Subscription Period and Subscription Fees

You agree to pay all applicable fees related to your use of this Website which are described fully on our pricing page. By providing a payment method, you expressly authorize us to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto at regular intervals.

Paid Accounts are subject to fees based upon the account type you've selected. For renewals, Skedio will automatically charge your payment method in the amount of the then-current fee for your type of account, plus applicable taxes. Each Renewal Term may include a price increase of the Consumer Price Index ("CPI") + 3% unless we notify you of a different rate before each Renewal Term starts. All payments are non-refundable.

Renewal/Cancellation

Paid Accounts will automatically renew for the same subscription period unless you cancel the account by the end of the then-current subscription period. You can cancel your account at any time within the Skedio application. Cancellation will be effective immediately but you will be able to access the Platform until the end of your subscription period.

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website. Skedio reserves the right to investigate complaints or reported violations of our Terms and to take any action we deem appropriate, including but not limited to canceling your User account.

Intellectual Property

Our Services may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos, and any and all intellectual property provided to Customer or any Authorized User in connection with the Services ("Skedio IP"). Your use of our Services does not constitute any right or license for you to use such service marks/trademarks. Our Website is also protected under international copyright laws.

Notices and Messages

By using the Services, you consent to receive emails from us. These emails may include notices about applicable fees and charges, transactional information and other information concerning or related to the Services. These emails are part of your relationship with us.

You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. You agree to keep your contact information up to date, and to monitor your email settings to ensure that you receive emails from us at your discretion and as necessary.

Links to Other Websites

Our Website may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with or sponsor such third party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. Skedio has no control over the legal documents and privacy practices of third party websites, and by using them, you may be giving those third parties permission to use or control your information in ways Skedio would not. As such, you access any third-party websites at your own risk.

Forums

Certain areas of this Website are public-facing and allow you to interact with others (e.g., the Skedio blog) (together, "Forums"). These Forums may permit you to submit feedback, information, data, text, software, messages, or other materials (each, a "Submission"). We love hearing from our Users! It's incredibly helpful and helps us to make a better Skedio for all.

If you choose to provide a Submission, either directly to us or via a Forum, you agree that we can use them without any restrictions or compensation to you. Any information that you post in a Forum might be read, collected, and used by others who access it.

By submitting any Submission, you are promising us that you own all rights in your Submission, your Submission does not infringe on the rights of others, your Submission does not violate any laws or regulations, and your Submission is not in poor taste. You grant to us an irrevocable royalty-free license to copy, modify, publish and display your Submission.

Unauthorized Activities

To be clear, we authorize your use of these Services only for Permitted Purposes. Any other use of these Services beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use which may result in the violation of various United States and international copyright laws, the deletion of your Skedio account, or a block from the Services.

You are not allowed to use the Services:

• To create a competing product, resell or broker the Services to any third-party
• In a manner that violates any relevant law or the Terms of this Agreement
• To stalk, harass, spam, or harm another individual, organization, or business
• To disclose information that you do not have permission to disclose
• To impersonate any person or entity
• To interfere with or disrupt the Services or servers or networks connected to the Services
• To use any data mining, robots, or similar data gathering or extraction methods
• To disseminate any viruses, worms, or otherwise harmful code
• To attempt to gain unauthorized access to any portion of the Services
• To submit or store Payment Card Industry data without using an authorized Skedio payment integration
• To disclose protected classification characteristics or biometric information as defined by applicable laws

Fair Use Policy

Skedio's Fair Use Policy builds on existing use restrictions and helps us ensure that the services can be used fairly by every customer. Certain Skedio features, like notifications, may be aggregated and collectively sent from fewer email addresses or phone numbers. If a single customer places disproportionately high demands on the services, it may adversely affect the Skedio experience for other users.

Skedio Users' utilization of certain features are continuously monitored. Skedio reserves the right to determine limitations, restrict usage or suspend access for excess usage in order to protect Skedio's platform and other customers' usage.

Indemnification

You alone are responsible for any violation of these Terms by you. You agree to indemnify and hold Skedio, its parents, subsidiaries, affiliates, officers, agents, employees, resellers or other partners, and licensors harmless from any claim, demand, loss, or damages, including reasonable attorneys' fees, resulting from any third-party claim based on Customer's or any Authorized Users' negligence or willful misconduct, use of the Services in a manner not authorized by this Agreement, or modifications to the Services not made by Skedio.

Warranty Disclaimer

Limitation of Liability

Local Laws; Export Control

We control and operate the Services from our headquarters in the United States of America and the entirety of the Services may not be appropriate or available for use in other locations. If you use the Services outside the United States of America, you are solely responsible for following applicable local laws.

Skedio and you shall comply with all relevant United States export control laws and regulations. You acknowledge that the Services may be subject to the United States Export Administration Regulations, and you affirm that you are not on any restricted lists or in embargoed countries.

Dispute Resolution and Arbitration; Class Action Waiver

This provision facilitates the prompt and efficient resolution of any dispute that may arise between you and us. All disputes between you and us will be resolved by binding arbitration because acceptance of these Terms constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury.

Pre-Arbitration Claim Resolution

For all disputes, you must first give us an opportunity to cure or resolve the dispute by emailing us at support@skedio.com the following information: (1) your name, (2) your address, (3) a written description of your claim, and (4) a description of the specific relief you seek. If we do not resolve the dispute within 45 days, then you may pursue your dispute in arbitration.

Class Action Waiver

Except as otherwise provided in this provision, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a class or representative proceeding or claims unless both you and Skedio specifically agree to do so following initiation of the arbitration.

General Terms

The Federal Arbitration Act, California state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms to the fullest extent permitted by applicable law. Except for disputes subject to arbitration as described above, any disputes relating to these Terms or this Website will be heard in the courts located in California.

These Terms, together with our Privacy Notice, End User License Agreement, and Data Processing Addendum (as applicable), contain the entire agreement between you and us and supersede all prior or contemporaneous negotiations, discussions or agreements between Skedio and you about the Services.

Unless Customer has specifically notified Skedio to the contrary in writing, Skedio may disclose your company as a customer of Skedio and may use your company's name and logo on the Website and in Skedio's promotional content.

Changes

We may amend our Terms at any time by publishing revised Terms on our Website and/or by sending an email to the address you gave us. These Terms are current as of the Effective Date set forth above. If any changes are made to these Terms, we'll post them on this page, so please be sure to check back periodically.

If you continue to use Skedio after those changes are in effect, you agree to the revised Terms. 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 cease using this Website.

Skedio reserves the right to change any and all features of our Services, at any time, without notice.

Canada

The parties declare that they have required that these Terms and Conditions and all documents related hereto, either present or future, be drawn up in the English language only.

Les parties déclarent par les présentes qu'elles exigent que cette entente et tous les documents y afferents, soit pour le present ou le future, soient rédigés en langue anglaise seulement.

Contact Us

If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at support@skedio.com.