Terms of Service

These terms of use (the “Terms of Use”) are a binding agreement between you and CALENDAR.CY (“ Calendar.cy,” “us,” “our,” or “we”), governing your access to and use of our software as an Application Service Provider (ASP) basis and any related services provided to you by Calendar.cy, including our customized online scheduling application (the “Scheduler”) (collectively, the “Services”). We acknowledge, and you acknowledge that these Terms of Use are between Calendar.cy and you, and not with any other third party, including any mobile platform provider.

READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THIS WEBSITE IF YOU DO NOT ACCEPT THESE TERMS. THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER, THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH CALENDAR.CY. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.

GENERAL USE

Calendar.cy’s Platform facilitates online scheduling of appointments. You may access and use the Platform in accordance with these Terms. Please note that these Terms govern your use of the Platform, including, but not limited to, the process through which your users schedule appointments with you.

Our Website is not intended for and may not be used by individuals under 13 years of age. By registering for a Calendar.cy account, you promise that you are at least 18 years of age. Please email us with any questions or comments about these Terms & Conditions at [email protected].

  1. ACCEPTANCE AND MODIFICATION OF THE TERMS OF USE
    1. BY ACCEPTING THESE TERMS OF USE, EITHER BY CLICKING TO ACCEPT OR AGREE OR BY DOWNLOADING, INSTALLING, OR USING AND/OR CONTINUING TO USE THE SERVICES, YOU ACKNOWLEDGE AND REPRESENT THAT (A) YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE, (B) YOU ARE 18 YEARS OF AGE OR OLDER, AND (C) YOU ACCEPT AND AGREE TO THE TERMS OF THESE TERMS OF USE WITHOUT LIMITATION OR QUALIFICATION.
    2. IF YOU ARE ENTERING INTO THESE TERMS OF USE 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 OF USE, 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, OR 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.
    3. We may revise and update these Terms of Use sometimes in our sole discretion. All changes are effective immediately when posted, and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of changes to these Terms of Use means that You accept and agree to such changes. It is Your responsibility to check these Terms of Use periodically for changes, as these changes are binding on You.
  2. ACCESS, LICENSE, AND PRIVACY
    1. In order to use the Services, you must have access to the Internet and provide all equipment necessary to make and maintain such connection. You should be able to access and use the Services on any computer with an Internet connection, using the most current versions of the following browsers: (i) Mozilla Firefox®; (ii) Google Chrome™; (iii) Microsoft Internet Explorer®; and (iv) Apple Safari® for Mac.
    2. Provided that you are not under the age of 18 years old, Calendar.cy grants you a non-exclusive, non-transferable, revocable worldwide right to use the Services, subject to these Terms of Use (the “License”). You grant to Calendar.cy the non-exclusive, worldwide right to use, copy, store, transmit, and display Your Data solely to the extent necessary to provide the Services. You may not reproduce, duplicate, copy, sell, resell, or commercially exploit for any purposes, any portion of, use of, or access to the Services. All rights not expressly granted to you are reserved by Calendar.cy and its licensors. In the unlikely event you fail to comply with these Terms of Use, we may terminate the License without notice and You will no longer be permitted to access or use the Services. For the purposes hereof, “Your Data” means any data, information, or material provided or submitted by your users, and any registration information and appointment data provided or submitted by your customers, or by your users on behalf of your customers, to your Scheduler in the course of using the Services.
    3. You are responsible for your access and use of the Services, including, without limitation, all activities that occur in your Scheduler. You will (i) immediately notify Calendar.cy of any unauthorized use of any account or any other known or suspected breach of security; (ii) immediately report to Calendar.cy, and use reasonable efforts to immediately stop, any copying or distribution of Your Data that is known or suspected by you; (iii) assure that your access and use of the Services will comply at all times with all applicable local, state, and federal laws, rules, and regulations, including, without limitation, those related to data privacy, international communications, and the exportation of technical or personal data; (iv) not impersonate any other Calendar.cy user or provide false identity information to gain access to or use the Services.
  3. UNAUTHORIZED ACTIVITIES
    1. To be clear, we authorize your use of this Website only for Permitted Purposes. Any other use of this Website beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use of this Website. This is because as between you and us, all rights in this Website remain our property.
    2. Unauthorized use of this Website may result in violation of various Polish and international copyright laws. Because we prefer keeping this relationship flawless, we want to give you examples of things to avoid. So, unless you have written permission from us stating otherwise, you are not authorized to use this Website in any of the following ways (these are examples only and the list below is not a complete list of everything that you are not permitted to do):
      • In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of this Website;
      • In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
      • To stalk, harass, or harm another individual;
      • To impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
      • To interfere with or disrupt this Website or servers or networks connected to this Website;
      • To use any data mining, robots, or similar data gathering or extraction methods in connection with this Website;
      • Attempt to gain unauthorized access to any portion of this Website or any other accounts, computer systems, or networks connected to this Website, whether through hacking, password mining, or any other means.
      • You agree to hire attorneys to defend us if you violate these Terms and that violation results in a problem for us. You also agree to pay any damages that we may end up having to pay as a result of your violation. You alone are responsible for any violation of these Terms by you. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim.
  4. REGISTRATION POLICY AND ACCOUNT SECURITY
    1. To use the Platform, you need to set up an Calendar.cy account. You may establish either a free account (“Basic Plan”) or a paid account (“Pro Plan”). You are authorized by Calendar.cy to set up one Basic Plan only. Calendar.cy reserves the right to terminate any additional Basic Plans set up by you and any Basic Plans that have been inactive over 6 months.
    2. When you create an account, we collect registration-related information such as first name, last name and e-mail. Once you submit the required registration information, we alone will determine whether or not to approve your proposed account. If approved, you will be sent an e-mail detailing how to complete your registration. For so long as you use the account, you agree to provide true, accurate, current, and complete information which can be accomplished by logging into your account and making relevant changes directly. You are responsible for complying with these Terms when you access this Website, whether directly or through any account that you may setup through or on this Website. Because it is your account, it is your job to obtain and maintain all equipment and services needed for access to and use of this Website as well as paying related charges. It is also your responsibility to maintain the confidentiality of your password(s), including any password of a third-party site that we may allow you to use to access this Website. Should you believe your password or security for this website has been breached in any way, you must immediately notify us.
    3. Calendar.cy or our billing processors collect your billing information when you upgrade to a Pro Plan. All of this registration information is protected in accordance with our Privacy Policy.
    4. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
    5. It’s not required but the user has the possibility to connect an online calendar to Calendar.cy. To connect Google calendar, the Calendar.cy app will use https://www.googleapis.com/auth/calendar to show a user’s Google calendar data on the scheduling screen, so that users can manage their schedules through the app and sync the changes with their Google calendar.
  5. SUBSCRIPTION PERIOD AND SUBSCRIPTION FEES
    1. You agree to pay all applicable fees related to your use of this Website and the Platform 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, all of which depend on your particular membership and utilized services. All payments are supported by Braintree, a division of PayPal, Inc.
    2. The subscription period for Pro Plans can be month-to-month, yearly, or another duration described on fully on our pricing page. For Basic Plans, the subscription period is month-to-month unless earlier terminated as provided in these Terms.
    3. Pro Plans are subject to fees based upon the account type you’ve selected. For renewals, Calendar.cy will automatically charge your credit card the amount of the then-current fee for your type of account, plus applicable taxes. All payments are non-refundable. To the extent that payment mechanisms are provided through third parties, you agree that Calendar.cy will have no liability to you arising out of the acts or omissions of such third parties.
    4. BY CREATING A PRO PLAN, YOU CONSENT TO ALLOW CALENDAR.CY TO CHARGE YOUR CREDIT CARD, EITHER DIRECTLY OR THROUGH ITS PAYMENT PROCESSOR BRAINTREE, A DIVISION OF PAYPAL, INC., FOR THE AMOUNTS DUE FOR YOUR INITIAL SUBSCRIPTION PERIOD AND FOR ADDITIONAL SUBSCRIPTION PERIODS UNTIL YOUR ACCOUNT IS CANCELED OR TERMINATED.
  6. INTELLECTUAL PROPERTY RIGHTS; YOUR DATA;COPYRIGHT INFRINGEMENT NOTIFICATION PROCESS
    1. Our Website 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. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our Website is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Website.
  7. RENEWAL AND CANCELLATIONS
    1. Pro Plans 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 by contacting customer service. Cancellation will be effective immediately. Please note that after you cancel your account, you will not be able to use or access the Platform and you will not be entitled to a refund of any fees that you’ve paid.
  8. ELECTRONIC COMMUNICATIONS
    1. By using the Website, you agree to receiving electronic communications from us. These electronic communications may include update informations, notices about applicable fees and charges, transactional information and other information related to this Website. These electronic communications 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.
  9. DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
    1. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CALENDAR.CY AND ITS PARENTS, SUBSIDIARIES, PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, STOCKHOLDERS, MANAGERS, MEMBERS EMPLOYEES, AGENTS, AND LICENSORS (COLLECTIVELY, THE “CALENDAR.CY PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE CALENDAR.CY PARTIES DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICE OR SERVERS THAT MAKE THE SERVICES AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES WILL MEET YOUR APPLICABLE REQUIREMENTS.
    2. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. IF YOU DOWNLOAD ANY CONTENT OR DATA FROM THE SERVICES, 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 SERVICES. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SERVICES OR ANY FEATURE OR PART THEREOF AT ANY TIME. THE CALENDAR.CY PARTIES ASSUME NO RESPONSIBILITY FOR THE DELETION OR MIS-DELIVERY OF, OR FAILURE TO STORE, ANY CONTENT, DATA, OR PERSONALIZATION SETTINGS.
    3. THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. CALENDAR.CY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
    4. YOU UNDERSTAND AND AGREE THAT THE CALENDAR.CY PARTIES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF AN CALENDAR.CY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (i) YOUR USE OR ACCESS OF, OR INABILITY TO USE OR ACCESS, THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, YOUR SCHEDULER.
    5. IN NO EVENT SHALL CALENDAR.CY TOTAL CUMULATIVE LIABILITY EXCEED THE AMOUNT PAID BY (AND NOT OTHERWISE REFUNDED TO) YOU TO CALENDAR.CY FOR USE OF THE SERVICES DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR DAMAGES. THIS AGREEMENT ALLOCATES RISKS BETWEEN THE PARTIES. THE PRICING SET FORTH IN EACH ORDER DOCUMENT REFLECTS THIS ALLOCATION OF RISK AND THE LIMITATION OF LIABILITY SPECIFIED HEREIN.
  10. GOVERNING LAW
    1. These Terms of Use shall be governed by the laws of the Republic of Cyprus. Any legal action or proceeding relating to these Terms of Use shall be instituted in a state or district court in Limassol, Cyprus, and each party hereby submits to the personal jurisdiction of such courts and waives any defense relating to venue or forum non convenience.
  11. LEGAL COMPLIANCE
    1. You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website. Calendar.cy 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 Member account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, e-mail addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.
  12. LINKS TO OTHER WEBSITES
    1. 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. Calendar.cy has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.
  13. FEEDBACK
    1. Any submissions by you to us (e.g., comments, questions, suggestions, materials – each, “Feedback”) through any communication (e.g., call, e-mail, website message) will be treated as both not private and non-proprietary. You hereby assign:
      • all rights,
      • title,
      • interest in,
        and we are free to use any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback without any attribution or compensation to you. You understand and agree that we are not obligated to use, display, reproduce, or distribute any of such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such actions.
  14. DISPUTE RESOLUTION AND ARBITRATION
    1. This provision facilitates the prompt and efficient resolution of any dispute (with the exception of the enforceability of the Class Action Waiver clause below) that may arise between you and us. Effectively, then, “dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to you (such as our licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.
    2. This provision provides that all disputes between you and us will be resolved by binding arbitration because acceptance of these Terms constitutes a waiver of your right to litigation claims and all opportunity to be heard by a judge or jury. We prefer this because we believe arbitration is far more adequate than litigation. To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees). You may, however, opt-out of this provision which means you would have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). YOU AND CALENDAR.CY AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

QUESTIONS OR ADDITIONAL INFORMATION

If you have questions regarding this Agreement or wish to obtain additional information, please send an email to [email protected].
Thank you for using Calendar.cy!

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