Last Updated: 2/1/25

This Terms of Service Agreement ("Agreement") is entered into by and between Appointify ("Company," "we," "us," or "our") and the individual or entity using our appointment text marketing service ("Client," "you," or "your"). By using the Appointify platform, you agree to the terms and conditions of this Agreement.

Appointify is a text marketing service designed to fill appointment openings for appointment-based businesses such as massage therapists, clinics, and hair stylists. This Agreement governs your use of the Appointify platform and services.

Appointify provides tools for text-based marketing, appointment reminders, and availability notifications. The features include, but are not limited to:

• Automated text notifications for last-minute appointment openings.
• Customer database management for SMS campaigns.
• Analytics and reporting tools.

We reserve the right to modify or discontinue any feature at our discretion.

3.1 Compliance with Laws: You are solely responsible for ensuring that your use of Appointify’s services complies with all applicable laws, including but not limited to:

• The Telephone Consumer Protection Act (TCPA).
• The CAN-SPAM Act.
• Local and federal privacy and data protection laws.
• HIPAA (Health Insurance Portability and Accountability Act), if applicable.

3.2 Customer Consent: You must obtain proper consent from your customers before sending any SMS messages. You represent and warrant that:

• Your customers have opted in to receive waitlist text messages from you in accordance with FTC guidelines.
• All text messages sent through the Appointify platform comply with applicable laws.

3.3 Prohibited Uses: You may not use the Appointify platform to send unsolicited or spam messages, engage in illegal activity, or promote harmful or fraudulent content outside FTC guidelines.

4.1 Pricing: The pricing structure includes monthly and annual subscription fees. Detailed pricing is available on our website or provided during account registration.

4.2 Billing:

• Payments are processed [monthly/annually] and shall commence seven (7) days after initiating your free trial period. 
• Late payments will result in services being suspended until the account is brought current. 

4.3 Refunds: Refunds are not provided under any circumstances.

5.1 Ownership: Customer data remains your property. By using Appointify, you grant us a non-exclusive license to use the data solely for the purpose of providing the services.

5.2 Data Handling: We handle data in accordance with our Privacy Policy, which forms part of this Agreement. We act as a data processor and comply with relevant data protection regulations, including HIPAA where applicable.

6.1 Service Availability: We provide the Appointify platform on an "as-is" and "as-available" basis. We do not guarantee uninterrupted service.

6.2 Limitation of Liability: To the maximum extent permitted by law, Appointify is not liable for direct, indirect, incidental, or consequential damages arising from your use of the platform.

7.1 Termination by You: You may terminate your account at any time by contacting support@getappointify.com

7.2 Termination by Us: We may terminate your account for any reason or if you breach this Agreement or engage in prohibited activities.

7.3 Post-Termination: Upon termination, your access to the platform will be revoked, and any stored data may be deleted.

This Agreement is governed by the laws of the State of Tennessee. Any disputes arising under this Agreement will be resolved through arbitration in Knox County, TN.

We reserve the right to update this Agreement. Changes will be posted on our website and take effect [30 days] after posting.

If you have questions about the Terms of Service, contact us.