Terms of Service

Schedapple LLC ("Schedapple") is a Software as a Service that enables online scheduling of appointments between business customers and businesses, and the management of these appointments and the associated customer data by the business (the "Service").

If you are entering into these Terms of Service ("Terms") on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms, in which case the terms "you" and "your" refers to such entity and its affiliates and their respective directors, managers, shareholders, members, officers, employees, contractors, and agents. If you do not have such authority you must not accept these Terms, nor access and use the Service.

By signing up for an account with Schedapple and accessing and using our website and the Service, you agree that you will be bound by these Terms. Any and all use of the Service is subject to these Terms. By using the Service, you also consent and agree to the terms of the Schedapple Privacy Policy, and all other Schedapple legal policies applicable to you, available on this website. If you do not agree to these terms of use, you must not accept these terms of use, and you may not access or use the services.

We reserve the right to update and change these Terms at any time without notice, effective upon posting the modifications to our web site. Any new features shall be subject to the Terms. Continued use of the Service after any such changes shall constitute your consent to such changes.

These Terms constitute the entire agreement between you and Schedapple and govern your use of the Service, superseding any prior agreements between you and Schedapple. The failure of Schedapple to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.

General Terms

• You agree you are a valid individual or business desiring to use the Service as advertised by Schedapple and that you will use the Service only for the purposes that meet the Acceptable Use terms stated below.
• You confirm that you are over 16 years of age.
• You must provide your full legal name, a valid email address, and any other information requested in order to complete the sign-up.
• Your account must always have a valid, working email address so the business can be contacted by Schedapple.
• The email address entered into the Schedapple system for sending client appointment confirmation and reminder emails must be accurate and identify the person or business who initiated the message. False or misleading email addresses must not be used.
• Your login may only be used by one person; a single login shared by multiple people is not permitted. You may create separate logins for as many people as you need.
• You are responsible for all content posted and activity that occurs under your account.
• Accounts not complying with Schedapple's policy regarding locations will be asked to modify their set-up to align with our policies and may be terminated.
• Support is only provided to paying accounts and is only available via email.
• You agree to use the Service at your own risk. The service is provided on an 'as is' and 'as available' basis and there may be delays, omissions, errors or inaccuracies in such information and data. You agree that Schedapple has no liability or responsibility for the storage or deletion of any data.
• You are responsible for maintaining the security of your account, your logins and passwords. Schedapple cannot and will not be liable for any loss or damage arising from your failure to comply with this security obligation or from any loss or damage arising from the actions of any third party.
• You have the right to access your account and view or modify your account data at any time by logging into your account and using the Settings and Account Subscription tabs.
• You may download and export your data, including appointments, client notes and records, payment receipts and account information at any time using the tools provided on our web site. If you download any content or data from the Service, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or mobile device or loss of data that results from the downloading of any content or data through the Service.
• You understand that Schedapple uses third-party hosting and technology partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. Further details are provided in our Privacy Policy.
• The Service may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. Schedapple is not responsible for any delays, delivery failures, or other damage resulting from such problems.
• Accounts opened by 'bots' or other automated methods are not permitted.
• Schedapple reserves the right to refuse Service to anyone for any reason at any time.

Acceptable Use

• You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
• You must not reproduce, duplicate, copy, sell, resell or exploit any portion of the Service.
• You must not post any content that violates any copyrights, patents, trademarks, trade secrets, or other intellectual property rights of others.
• Using this Service to send unsolicited mail messages (spam) is explicitly prohibited. You must ensure that all people you send to are fully 'opt-in', have consented to receive emails from you and are therefore specifically expecting to receive emails from you.
• You must not knowingly send emails to invalid addresses (this could result in your account and/or our servers being blacklisted).
• You may not use the Service in any manner that is harmful to the Service. Among other restrictions, you agree that you shall not, nor shall you allow any third party to:
  • Use the Service through unauthorized interfaces or protocols.
  • Transmit information that infringes the rights of others or is abusive, pornographic, violent, racist, discriminatory, offensive, vulgar, obscene, defamatory, invasive of personal privacy, harassing, threatening, or otherwise objectionable.
  • Translate, reverse-engineer, decompile, disassemble, modify, or make derivative works from the Service or Service software (accept as applicable law expressly permits).
  • Interfere with, or attempt to interfere with, or compromise the system integrity or security, or decipher any transmissions to or from any Schedapple servers.
  • Take any action that imposes an unreasonable or large load on our infrastructure.
  • Upload or transmit invalid data, viruses, worms, or any code of a destructive nature, run load tests or denial of service attacks against schedapple.com.
  • Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service, unless expressly permitted by Schedapple.
  • Use the Service in a way that disables the Service or prevents or inhibits anyone from using the Service.
  • Impersonate any person or entity in order to use the Service.
• Schedapple reserves the right to contact you from time to time for feedback about the Service and for service and support related issues through e-mail, or notices posted on the Schedapple web site or messages posted in your Schedapple account. Notices will be deemed effective at the time they are sent or as of date they are posted, regardless of whether you actually read any such notices.
• Schedapple reserves the right in its sole discretion to remove any content for any reason, including but not limited to, your violation of any laws or Schedapple's Terms and any activity that Schedapple considers to be inappropriate.

Payment, Refunds, Upgrading and Downgrading

• A valid credit card or bank account is required for paying accounts. Trial accounts are not required to provide a credit card number.
• An upgrade from the free trial account to any paying account will end your free trial. You will be billed for your first month immediately upon upgrading.
• The Service is billed in advance on a monthly basis. There will be no refunds or credits for partial months of service or service plan downgrades.
• All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
• For any upgrade in service plan, your credit card or bank account that you provided will be immediately charged the new rate, prorated for the current month's payment.
• If, for whatever reason, Schedapple charges your credit card or bank account, and the payment does not go through, Schedapple will notify you and after 9 days suspend your access to the Service. If you fail to pay the applicable amount due within 10 days of suspension, Schedapple will cancel your account.
• Downgrading your service plan may cause the loss of features, or capacity of your account. Schedapple does not accept any liability for such losses.

Cancellation and Termination

• You are solely responsible for properly canceling your account. You can cancel your account at any time by going to Account Subscription, clicking on the account cancellation link and submitting the form. An email or phone request to cancel your account is not considered cancellation.
• If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
• Schedapple has the right to suspend or terminate your account without prior notice and without refund and to refuse any and all current or future use of any Schedapple service, for any reason at any time. You agree that Schedapple shall not be liable to you or any third-party for any termination of your access to the Service.

Modifications to the Service and Prices

• Schedapple reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Service with or without notice. You agree that Schedapple shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
• Prices for the Service, including monthly subscription plans, are subject to change upon 3 weeks notice from us. Such notice may be provided at any time by posting the changes to the Schedapple web site or your account.

Copyright and Content Ownership

• If you are using the system for a business, you agree that you've obtained all necessary permissions to use the business name, email address and logo, and agree that all content posted to the Service complies with U.S. copyright law.
• We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your content.
• Your correspondence or business dealings with customers on or through the Service, including payment or delivery of services are solely between you and such customers. You agree that Schedapple shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such customers on the Service.
• The look and feel of the Service is copyright© 2008-2024 Schedapple LLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Schedapple.

Indemnification, Warranties and Limitation of Liabilities

• The Service is provided without warranties of any kind, either express or implied. You will bear any and all liability for any direct, indirect, incidental, special or consequential damages arising out of use of the services or inability to use the services or out of any breach of any warranty.
• Schedapple does not warrant: (i) the accuracy, completeness, timeliness, of the information or data made available through the Service (ii) the Service will meet your specific requirements, or is of merchantability, suitability or fitness for any particular purpose (iii) the Service will be uninterrupted, timely, secure, or error-free, (iv) the results that may be obtained from the use of the Service will be accurate or reliable, (v) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, (vi) any errors in the Service will be corrected, (vii) that users will be able to access the Service at all times or places, (viii) that Schedapple will have adequate capacity for all users, (ix) that the Service will be operable with your equipment, (x) that the Service or servers that make the Service available will be free of viruses or other harmful components.
• You expressly understand and agree that Schedapple, its officers, directors, employees and affiliates shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Schedapple has been advised of the possibility of such damages), resulting from: (i) any errors, mistakes, omissions or inaccuracies of the Service, (ii) any errors or omissions in any content, (iii) your use, or inability to use, any portion of the Service, including any decision or action taken by you in reliance upon the Service or its content, or for any loss or damage of any kind (including your data) incurred as a result of your use of the Service, (iv) any interruption or cessation of transmission to or from the Service or interoperability problems, (v) personal injury or property damage, of any nature whatsoever, resulting from your use of the Service, (vi) any unauthorized access to or use of our servers and/or any and all personal information stored therein or any alteration of your transmissions or data, (vii) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Service by any third party, (viii) the defamatory, offensive, or illegal conduct of, or statements by any user or third party on or relating to the Service, (ix) any other matter relating to the Service.
• You agree at your own expense, to indemnify, defend, and hold harmless Schedapple, its Directors, officers, employees and affiliates for, from, and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, arising out of or relating to any violation of these Terms or the representations and warranties made herein by you or any other actions connected with your use of the Service. Your indemnification obligations include, without limitation, claims arising out of any of your data or customer data, as well as any claims arising out of acts or omissions by your employees or agents, and any other person or entity who gains access to the Service through your user names or passwords, either with your permission or as a result of your failure to use reasonable security measures.
• You agree at your own expense, to indemnify, defend, and hold harmless Schedapple, its Directors, officers, employees and affiliates for, from, and against any claim, lawsuit, investigations, penalties, actions, or other proceeding brought against them by a third party to the extent that such claim, suit, action, or other proceeding is based on or arises in connection with your use of the Service. This also includes any claim, lawsuit, investigation, penalty, action, or other proceeding arising out of or relating to state sales, use, or similar tax obligations arising from your use of the Service by any local, state, provincial, territorial or federal governmental entity and any claim arising out of a violation of the law and/or regulation governing your goods and/or services including but not limited to, any claims for false advertising, product defects, personal injury, death, or property damages or by a consumer.
• Our aggregate liability to you for any damages arising from or related to this agreement (for any cause whatsoever and regardless of the form of the action) will at all times be limited to the amounts you have paid Schedapple in the six months preceding the circumstances giving rise to the first claim at issue. The existence of more than one claim will not enlarge this limit.
• Any claim arising out of or relating to these Terms must be made by you within one year of the date of the occurrence giving rise to such claim, or the claim will be deemed waived by you.