Terms of Service
Please read the following general website Terms of Service (these “ToS” or “Agreement”) carefully before accessing the https://appofox.com/ Website (the “Site”), before registering an account on the Site (“Account”), scheduling an appointment, submitting any information or using the various Services we provide, as defined below, so that you are aware of your legal rights and obligations with respect to the Site (individually and collectively, “we,” “us,” “our” or “Appofox”).
Acceptance of Terms
These Terms of Service (the “Agreement” or “Terms of Service”) are a legal agreement between you, either an individual or an entity (“you”, “your”, or “user”), and Appofox (“Appofox”, “we”, “our”, or “us”), regarding the Services, as defined below. Appofox means an entity described in the “Contracting Party” section below. Appofox makes this website (https://appofox.com/) and all other Appofox domains included within this website (the “Website” ), including all information, graphics, documents, text, products and all other elements of the Website and all products offered on this Website and services operated through the Website, available for your use subject to the terms and conditions set forth in this document. By accessing and using this Website, using any Appofox services and/or downloading or purchasing any Appofox products, you agree to be bound by and to accept these Terms of Service and all terms and conditions contained and/or referenced herein or any additional terms and conditions set forth on this Website.
If you do NOT agree to all these Terms of Service, you should NOT use this Website. If you do NOT agree to any additional specific terms which apply to particular Content (as defined below) or to particular transactions concluded through this Website, then you should NOT use the part of the Website which contains such Content or through which such transactions may be concluded and you should NOT use such Content or conclude such transactions. Also, when you use any current or future Appofox services or visit Appofox or its affiliates’ websites or obtain any products or services, whether free of charge or for payment, of Appofox or any business affiliated with Appofox, whether or not included in the Website, you will be subject to the guidelines and conditions applicable to such services or business.
Description of Services :
The Site provides various services and capabilities that enable customers (“Customers”) of different businesses (“Merchants”) to schedule appointments. The Site enables Merchants to setup and manage online calendars and appointment schedules for multiple staff members. Customers may review calendars provided by Merchants and schedule appointments with different staff members. Merchants can also schedule appointments with Customers. In addition, the Site provides both Customers and Merchants with various services that enhance and support schedule management through such capabilities as automated notifications and communication capabilities. All activities and capabilities offered by or through the Site shall individually and collectively be referred to as “Services”.
These ToS apply to all users, Customers and Merchants on the Site (together “Users”). The Site includes proprietary and third party information, including but not limited to all products, pictures, reviews, labels and other information supplements, in textual, visual, audio, video and/or other digital formats offered via the Site.
“Submission” means the upload, submission, sending or posting, where and if available, by Users, whether Merchants or Customers, of any photograph(s), video(s), image(s), text, rating, opinions and/or comment(s) or other content to the Site.
In order to have access to certain Services offered on the Site, Users, whether as a Merchant or a Customer may be required to create an Account. You may never use someone else’s Account.
When creating an Account with the Site, you agree to provide accurate, current and complete information about yourself (“Registration Data”) as prompted by our registration form. Registration Data for a Merchant Account may include, but is not limited to, business name, business owner first and last name, business location, business phone number, business e-mail address, password and payment information. Merchant registration may also prompt for optional information including a description of the business, an image used to represent the business, a website URL for the business’ website, fax number, business policies, cancellation policies and any additional information. Registration Data for a Customer Account may include, but is not limited to, first and last name, cell phone number, home phone number and e-mail address.
If you are registering on behalf of a company, by registering you agree that you have the requisite authority to register on behalf of such company. The email address you provide during your registration will be the login for your account. Each account must have a unique email address and you agree that you shall not attempt to create more than one account under the same email address.
You also represent that we may rely on your Registration Data as accurate, current and complete. You agree to maintain and update your Registration Data to keep it accurate, current and complete. We reserve the right, in our sole and absolute discretion, to terminate your Account for inaccurate, untrue, deceptive and/or incomplete Registration Data.
Account fees :
Our usage, subscription or Account fees are explained to Merchants during either registration or Service subscription process and are subject to change from time to time at our absolute and sole discretion. Please note that any Fees that are disclosed to you in the registration or Service subscription process are deemed part of this Agreement. You agree to pay Appofox for all Fees charged to your Account as per this Agreement.
Subscription plans to the Services may consist of an initial period, for which there is a one time charge or recurring charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription may have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation.
We may submit monthly charges to your credit card provider without further authorization from you, until you provide prior notice to us that you have terminated this authorization. Such notice will not affect charges submitted before Appofox could reasonably take action in response to your notice. Your non-termination or continued use of the Services reaffirms that Appofox is authorized to charge your account. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Services.
By providing a credit card or any other payment information either during registration or at any time thereafter, you warrant that such credit card or payment gateway is good and valid, and you authorize Appofox to charge such credit card or payment gateway for amounts due under the Appofox Invoices.
Appofox offers a fully functional free trial so you can assess the suitability of the service for your requirements. This trial can be extended upon request if you need more time to assess the software. For these reasons we do not offer refunds once you have signed up for a paid plan and your credit card has been charged. In order to be fair, no exceptions are made.
Appofox reserves the right, at any time and at its discretion, to change any fees and any other pricing terms. Any changes shall be posted on the Appofox website and will be effective immediately.
If, for whatever reason, Appofox charges your credit card or payment gateway pursuant to Section “Account fees” above, and the payment does not go through, Appofox reserves the right to suspend your access to the Services. If you fail to pay the applicable invoice within 10 days of the date of suspension, or to otherwise negotiate a payment plan for all amounts then due, Appofox reserves the right to cancel your account. In the event Appofox cancels your account for non-payment, all amounts due and unpaid from you to Appofox for use of the Services shall become immediately due and payable. In the event of non-payment and the exhaustion of the procedures set forth in this section, Appofox reserves the right to seek payment using any remedies allowed to it by law.
Username And Password :
As part of the registration process, you will be asked to select a username and password. We may refuse to grant you a username, which in our sole and absolute discretion, is deemed to be invalid. Invalid usernames include, but are not limited to, usernames that are fashioned to impersonate another person, are protected by trademark law or other proprietary rights, are vulgar or otherwise offensive or those that may cause confusion. These are only some examples of invalid usernames and we reserve the sole right, at our own discretion, to deem any username invalid.
YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL APPOINTMENTS, SUBMISSIONS, COMMUNICATIONS AND OTHER ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. YOU AGREE NOT TO TRANSFER, SELL OR RESELL YOUR USERNAME AND/OR PASSWORD, OR OTHERWISE PROVIDE ACCESS TO THE SITE, THROUGH THE USE OF YOUR USERNAME AND PASSWORD, TO ANY THIRD PARTY.
If you have reason to believe that your Account is no longer secure, you must promptly change your password by updating your Account information and immediately notify us of same by emailing us at email@example.com
Appofox reserves the right to contact you from time to time for feedback about the Services and for service and support related issues. We reserve the right to contact you through e-mail, facsimiles, text or voice messages, or notices posted on the Appofox websites. Notices will be deemed effective at the time they are sent by Appofox or as of date they are posted, regardless of whether you actually read any such notices.
Use of Content on Site:
The Site provide Users, whether as Merchants or Customers, with the ability to submit or post personal reviews on products or services provided by Merchants. The information listed, uploaded, posted or made available by Users are those of the respective Users and not of Appofox and should not necessarily be relied upon. Such Users are solely responsible for the accuracy, completeness or usefulness of such content. Appofox does not guarantee the accuracy, completeness or usefulness of any information made available by Users and neither adopts, endorses, nor is responsible for the accuracy, completeness or reliability of any opinion, advice or statement made on the Site. Users understand and agree that Appofox will not be responsible for, and Users hereby agree to hold Appofox harmless from, any and all loss or damage resulting from anyone’s reliance on information or other content posted on the Site by other Users of the Site. You may access such information solely:
- For your general information and personal use; and
- As intended through the normal functionality of the Site.
THIS SITE INCLUDES CONTENT PROVIDED BY MERCHANTS AND CUSTOMERS. APPOFOX IS A INTERNET SERVICE PROVIDER AS WELL AS A HOST AND DISTRIBUTOR OF INFORMATION. APPOFOX IS NOT A PUBLISHER. APPOFOX NEITHER ADOPTS, ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION, OPINION, ADVICE OR STATEMENT MADE ON THE SITE OR THROUGH OUR SERVICES BY ANY MERCHANT OR CUSTOMER.
Health Care Information:
Our Services are not intended to be used in connection with any protected health information and are not compliant with the Health Insurance Portability and Accountability Act (HIPAA). Our Services enable appointment scheduling and do not perform any insurance, payment or other related healthcare transactions and do not collect any medical history from patients. If you voluntarily send, share or receive healthcare information in connection with our Services, you do so at your own risk, and you expressly agree to defend and indemnify Appofox for any claim relating to the noncompliance of the Services with HIPAA as provided in the general indemnification provisions of this Agreement.
You are solely responsible for the Submissions and/or other information that you publish, transmit and/or post on the Site. You agree to use the Site in a manner consistent with any and all applicable laws and regulations as they now exist or may herein after be promulgated. You agree not to:
- post, or attempt to post, any text, audio, photographs, videos or other images containing offensive and/or confidential information;
- impersonate any person or entity;
- “stalk” or otherwise harass any person via the Site;
- engage in advertising to, or solicitation of, Users to utilize services substantially similar to those offered on the Site;transmit any chain letters, spam or junk e-mail to other Users;
- express or imply, without our specific, prior, written consent that any statements you make are endorsed by Appoox;harvest or collect personal information about Users, whether or not for commercial purposes, without their express consent;
- use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;
- post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of Appofox or the owner of such proprietary rights;
- to access Submissions or the Site through any technology or means other than through the means provided on the Site or other explicitly authorized means Appofox may designate;
- remove any copyright, trademark or other proprietary rights notices contained on the Site;
- interfere with or disrupt the Site, or the servers and/or networks connected to the Site;
- post, e-mail or otherwise transmit 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;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Site;
- “frame” or “mirror” any part of the Site, without our specific, prior written authorization;
- use metatags, code or other devices containing any reference to Appofox or the Site in order to direct any person to any other website for any purpose;
- modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site or any software used on or for the Site or cause others to do so; and
- to use the Site, including any tools or technologies made available therein, for any commercial purpose not specifically permitted by the Site, without the prior written consent of Appofox.
Appofox reserves the right, but has no obligation, to reject any Account or Submission that does not comply, in Appofox’s sole and absolute discretion, with these prohibitions. Engaging in any of the aforementioned prohibited practices shall be deemed a breach of these ToS and may result in the immediate termination of your Account pursuant to the terms of these ToS. Appofox reserves the right to pursue any and all legal remedies against Users who engage in any of the aforementioned prohibited conduct.
HOWEVER, IN ANY EVENT, Appofox ASSUMES NO RESPONSIBILITY FOR THE CONDUCT OF USERS OF THE SITE.
As a User of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site (and its associated content) and/or Services in accordance with this Agreement. We retain the right to terminate this license, without notice, in our sole and absolute discretion, at any time for any reason whatsoever. We also reserve any rights not explicitly granted in these ToS.
No part of the Site or Services may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site, the Services or any portion thereof. You may not use any device, software or routine to interfere, or attempt to interfere, with the proper functioning of the Site and/or Services. You may not take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure.
Proprietary Rights of Content:
The content on the Site, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (the “Content”) and the trademarks, service marks and logos contained therein (the “Marks”), are owned by or licensed to Appofox or its Merchants, subject to copyright and other intellectual property rights. The copying, redistribution or publication by you of any part of the Site and Services is strictly prohibited. You do not acquire ownership rights to any Content, Marks, Services or other materials viewed at, on or through the Site and Services. The posting of information or material at or on the Site by Appofox does not constitute a waiver of any right in such information and materials.
You agree to indemnify, defend and hold us, and our subsidiaries, affiliates, officers, parent companies, agents, co-branders or other partners, and employees (each a “Covered Party”), harmless, at your expense, against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys’ fees and other dispute resolution expenses) incurred by any Covered Party or other third party and arising out of, (i) your use or misuse of the Site or the Services, (ii) arising from your breach of this Agreement, or (iii) arising from your violation or breach of any term of these ToS or any policies, rules or guidelines referenced herein.
You expressly agree that access and/or use of the Site and/or Services is at your sole risk. The Site and Services are provided on an “AS IS” and “AS AVAILABLE” basis, without any express or implied warranty of any kind, including, but not limited, non-infringement of intellectual property. The Site and/or Services may contain bugs, errors, problems or other limitations.
We and the Covered Parties have no liability whatsoever for your use of, or inability to use, the Site and/or Services to the fullest extent permitted by applicable law. We and the Covered Parties are not liable to you or to any third party for any indirect, special, incidental or consequential damages, whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages.
The negation of damages set forth above is a fundamental element of the basis of the bargain between us and you. The Site and Services would not be provided to you without such limitations. No advice or information, whether oral or written, obtained by you from us through the Site and/or Services shall create any warranty, representation or guarantee not expressly stated in this Agreement. We are not responsible to you and/or any third party, without limitation, for: 1) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of User communications; 2) the conduct of any User, whether online or offline; 3) any computer virus or other malicious, destructive or corrupting code, agent, program or macros; or 4) any infringement of another’s rights, including intellectual property rights.
You agree that Appofox is not the publisher of Submissions found on the Site and, as such, shall not be liable for damages arising there from including, without limitation, any and all criminal and/or civil liability.
Appofox shall not be liable to you for any Services, goods and/or information available from third parties, even if obtained at or through the Site and/or Services. If you are dissatisfied with the Site and/or Services or with this Agreement, your sole and exclusive remedy is the cancellation of your Account and to discontinue use of the Site and Services.
Third-party (including any Merchant) Websites:
The Site may contain links to other websites owned and operated by Appofox, as well as links, banner advertisements, pop-ups and/or other online methods to redirect you to other third party websites not owned or controlled by Appofox, such as Merchant websites. Appofox has no control over, and assumes no responsibility or liability for, the content, privacy policies, or practices of any third party site (including any Merchant websites).
By using the Site, you expressly relieve Appofox from any and all liability arising from your use of any third party website. Furthermore, Appofox does not endorse, and is not responsible or liable for, any content, advertising, services, products and/or other materials at or available through such third party websites or resources, or for any damages and/or losses arising there from.
Accordingly, you are encouraged to be aware when you leave the Site and to read the terms and conditions and privacy policies of each other website that you visit. You will be bound by the ToS, policies, and rules and regulations of any Appofox or third party website you access through the Site.
Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in, or associated with, the Site or Services is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision, or any other provisions in this Agreement.
You expressly authorize us to comply with any and all lawful notices, subpoenas, court orders and/or warrants without prior notice to you.
Any attempt by any individual, organization or User, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site and/or Services, is a violation of criminal and civil law and we will diligently pursue all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
If a dispute arises between you and us, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly.
If you wish to dispute any charge invoiced to you by Appofox, you agree to submit the disputed charge to us no later than seven (7) business days after the disputed charge has been charged to your credit card or payment gateway. You may submit a disputed charge by contacting us by email, telephone, or mail. We agree to review your message and work with you to find a timely solution.