Terms of Service

1. Acceptance of Terms

By accessing and using Schedulix (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service. These Terms constitute the entire legal agreement between you and Schedulix, Inc. ("Company," "we," "our," or "us") regarding your use of the Service.

These Terms apply to all users of the Service, including but not limited to users who are browsers, customers, merchants, and/or contributors of content. Your continued use of the Service following the posting of revised Terms means you accept and agree to the changes.

2. Definitions

3. Account Registration & Responsibilities

3.1 Registration

To use the Service, you must create an Account by providing accurate, current, and complete information. You are responsible for maintaining the confidentiality of your password and account information. You agree to:

• Provide accurate and truthful information during registration
• Maintain the security of your login credentials
• Notify us immediately of any unauthorized access or use of your Account
• Accept all responsibility for activities conducted under your Account

3.2 Account Age

You must be at least 18 years old to create an Account and use the Service. By creating an Account, you represent and warrant that you are 18 years of age or older.

3.3 Business Representations

If you are using the Service on behalf of a business, you represent that you are authorized to bind that business to these Terms and that such business is in good standing in its jurisdiction.

4. Subscription & Billing

4.1 Free Trial & Plans

The Service offers a free trial period with limited functionality. After your free trial expires, you must select a paid subscription plan ("Plan") to continue using the Service beyond the free tier. Plans are offered at different price points with varying features and usage limits.

4.2 Billing & Charges

You authorize us to charge your credit card or payment method on a monthly or annual basis (as selected) for your Plan. All charges are:

• Non-refundable, except as required by applicable law
• Charged automatically according to your billing cycle
• Subject to applicable sales tax where required
• Exclusive of any payment processing fees incurred by payment processors

4.3 Payment Methods

We accept credit cards, PayPal, and other payment methods. You are responsible for maintaining accurate billing information. If a payment fails, we will notify you and you remain responsible for all charges.

4.4 Overages

If you exceed the usage limits of your Plan (e.g., call limits, booking limits), you may incur overage charges at the rate specified in your Plan details. We will notify you when approaching limits.

4.5 Plan Changes

You may upgrade, downgrade, or cancel your Plan at any time. Changes take effect at the start of your next billing cycle, except upgrades which take effect immediately.

4.6 Automatic Renewal

Your subscription will automatically renew unless you cancel before the renewal date. Cancellation can be made through your Account settings or by contacting us. You will be charged on the renewal date if you have not canceled.

5. Acceptable Use Policy

You agree not to use the Service in any manner that:

• Violates any applicable law, regulation, or these Terms
• Infringes upon intellectual property rights of third parties
• Harasses, threatens, abuses, or defames any person or entity
• Transmits malware, viruses, or harmful code
• Impersonates any person or entity or misrepresents your identity
• Attempts to gain unauthorized access to the Service or systems
• Interferes with or disrupts the Service or servers/networks
• Engages in phishing, spam, or unsolicited messaging campaigns
• Uses the Service for illegal activities or fraud
• Discriminates against protected classes in your use of Riley
• Uses the Service to assist in unlicensed practice of a profession

5.1 AI Usage

Riley, our AI assistant, is designed to handle appointments, answer common questions, and manage communications professionally. You are responsible for:

• Training Riley with accurate information about your business
• Reviewing and correcting any errors in Riley's responses
• Ensuring Riley complies with all applicable laws and regulations
• Monitoring Riley's interactions to prevent harmful or inappropriate responses

5.2 Communications

All voice calls and text messages via the Service must comply with applicable telecommunications laws, including Do Not Call registries and consent requirements. You warrant that you have the right to contact your Clients using the numbers and methods provided.

6. Intellectual Property

6.1 Company IP

The Service, including all software, code, design, graphics, interfaces, and content created by the Company, is the exclusive property of Schedulix, Inc. and is protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Service solely for your business purposes.

6.2 User Content

You retain ownership of any Content you upload to the Service. By uploading Content, you grant us a worldwide, non-exclusive, royalty-free license to use, store, process, and display such Content in connection with providing the Service.

6.3 Trademarks

"Schedulix," "Riley," and related logos and trademarks are owned by Schedulix, Inc. You may not use these marks without prior written permission except as permitted in these Terms.

7. Limitation of Liability

7.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

7.2 Service Interruptions

We do not warrant that the Service will be uninterrupted, error-free, or secure. We are not responsible for:

• Service outages or downtime
• Lost or corrupted data
• Unauthorized access or hacking attempts (beyond our reasonable security measures)
• Third-party service failures (Stripe, PayPal, Twilio, Google Calendar, etc.)
• Errors in Riley's responses or appointment handling

7.3 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SCHEDULIX BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR LOST REVENUE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7.4 Cap on Liability

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

8. Termination

8.1 Termination by You

You may terminate your Account and cancel your subscription at any time through your Account settings or by contacting support@schedulix.com. Upon termination, your Account will be closed and you will lose access to the Service.

8.2 Termination by Company

We may terminate or suspend your Account at any time, with or without cause, and with or without notice, if:

• You violate these Terms
• You engage in illegal activity or fraud
• You fail to pay charges owed
• We are required to do so by law
• We determine your Account poses a risk to the Service or others

8.3 Effect of Termination

Upon termination:

• Your right to use the Service immediately ceases
• You remain liable for charges incurred before termination
• We may delete your Account data after 30 days
• Sections regarding liability, indemnification, and IP survive termination

8.4 Data Retention

Upon request, we will provide your data in a portable format before deletion. We retain certain data as required by law or for legitimate business purposes (billing, legal compliance, etc.).

9. Dispute Resolution

9.1 Informal Resolution

Before initiating formal proceedings, we encourage you to contact us at support@schedulix.com to attempt to resolve any dispute informally.

9.2 Binding Arbitration

Any dispute arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules. The arbitration shall be held in the state or county where you reside.

9.3 Class Action Waiver

You agree that arbitration proceedings shall be conducted on an individual basis and not as a class action, class arbitration, or representative action.

9.4 Exceptions

The following are not subject to arbitration:

• Claims for injunctive or equitable relief
• Claims in small claims court if within jurisdiction limits
• IP infringement claims

10. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

If you are a resident of the European Union, United Kingdom, or another jurisdiction with consumer protection laws, those laws may provide you with additional rights that cannot be waived by these Terms.

11. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes via email or by posting the updated Terms on the Service with a new "Last Updated" date. Your continued use of the Service after such notice constitutes your acceptance of the modified Terms.

If you do not agree to the modified Terms, you should discontinue use of the Service and cancel your Account.

12. Contact Information

If you have questions about these Terms or the Service, please contact us at: