Terms of Service

These Terms of Service ("Terms") govern access to and use of SkedSERVICE, including its website, application, public booking pages, scheduling tools, communications, and related services (the "Service").

SkedSERVICE is operated by Alejandro Arbiza, carrying on business as SkedSERVICE, a sole proprietorship registered in Québec, Canada, under Québec Enterprise Number (NEQ) 2265344830 ("SkedSERVICE", "we", "us", or "our").

By creating a SkedSERVICE account, explicitly accepting these Terms, or using the Service on behalf of a business, you agree to these Terms.

If you use SkedSERVICE on behalf of a business or other organization, you confirm that you have authority to act on its behalf and agree to these Terms for that organization.

Nothing in these Terms limits any right or remedy that cannot legally be waived under applicable law.

1. The Service

SkedSERVICE provides tools that help businesses manage appointments and scheduling.

Depending on the features available to your account, the Service may include:

• public booking pages;
• business hours and availability management;
• appointment creation and management;
• appointment confirmation, rescheduling, and cancellation;
• customer self-service;
• appointment reminders and transactional communications;
• business, service, staff, and resource management;
• dashboard and scheduling tools;
• usage tracking, billing, and invoicing;
• branding and other business configuration.

We may improve, modify, add, or remove features over time as the Service evolves.

SkedSERVICE is a scheduling and business-management tool. It is not a party to appointments, transactions, professional services, or other dealings between a business using SkedSERVICE and its customers.

2. Accounts

You are responsible for providing accurate information when creating and maintaining your account.

You are also responsible for:

• keeping your login credentials secure;
• using reasonable measures to protect access to your account;
• ensuring that people given access to your business account are authorized to use it;
• assigning appropriate permissions to authorized users;
• keeping your account and business information reasonably current;
• notifying SkedSERVICE if you believe your account has been accessed without authorization.

You are responsible for activity performed through your account except to the extent that activity results from a security failure attributable to SkedSERVICE.

3. Businesses, Staff, and Customer Information

If you use SkedSERVICE to operate a business, you are responsible for the information you add to the Service, including information about your business, services, staff, resources, availability, and customers.

You must have the right or other lawful authority to provide personal information that you enter into SkedSERVICE.

You are responsible for using customer, staff, and other personal information in accordance with applicable privacy and other laws.

SkedSERVICE handles personal information as described in its Privacy Policy.

4. Public Booking Pages and Appointments

SkedSERVICE allows businesses to make services and available appointment times accessible to customers through public booking pages.

When a customer books an appointment, SkedSERVICE provides the technology used to create and manage that appointment.

SkedSERVICE is not the provider of the underlying service being booked.

The business is responsible for:

• the services it offers;
• the accuracy of its service descriptions, prices, availability, and policies;
• providing the booked service;
• its relationship with its customers;
• any business-specific cancellation, refund, attendance, no-show, or service policies;
• complying with laws, licences, permits, professional requirements, and other obligations applicable to its business.

Any dispute concerning the quality, delivery, price, refund, safety, or other aspect of the underlying service should normally be resolved between the customer and the business providing that service.

5. Appointment Communications

SkedSERVICE may send transactional communications related to appointments, including confirmations, reminders, rescheduling notices, cancellation notices, and other messages necessary to operate the appointment-management service.

Businesses are responsible for ensuring that contact information entered into SkedSERVICE is appropriate for these communications and that they have any consent or other lawful authority required to use that information.

Transactional appointment communications are part of the Service and are not marketing communications.

6. Pricing and Usage

SkedSERVICE uses usage-based pricing.

The pricing applicable to your account is shown on the SkedSERVICE website or within the Service and may depend on the number of confirmed bookings recorded during a billing period.

Some levels of usage may be offered at no charge.

Where usage exceeds a no-charge level, fees are calculated according to the pricing applicable to your account for that billing period.

SkedSERVICE does not charge an upfront subscription fee unless expressly stated otherwise for a particular product or offering.

Pricing may be changed for future billing periods. When a change materially affects the price applicable to an existing account, SkedSERVICE will provide reasonable notice before the new pricing takes effect.

7. Billing and Payment

Billing is normally calculated after the applicable billing period based on recorded usage.

Payment processing is provided through Stripe.

If payment is due, you are responsible for providing and maintaining a valid payment method when required by the Service.

You authorize SkedSERVICE and its payment processor to process amounts properly due under the pricing applicable to your account.

Applicable taxes may be added where required by law.

If an invoice remains unpaid, SkedSERVICE may stop accepting new bookings for the affected business until the outstanding amount is paid.

Existing appointments and access to existing appointment information will remain available. Non-payment alone will not cause existing appointments to be cancelled or account data to be deleted.

SkedSERVICE may continue to notify the account owner about the unpaid amount and may retry payment where a valid payment method is available.

Outstanding amounts remain due even if new bookings are disabled, the account is later closed, or the business stops using the Service.

8. Billing Errors and Refunds

If SkedSERVICE makes a billing error, we will correct the invoice or charge as appropriate.

SkedSERVICE bills after the applicable billing period for usage already incurred. Amounts properly billed for that usage are non-refundable. SkedSERVICE does not offer discretionary refunds for properly incurred usage.

Closing an account or stopping use of the Service does not cancel valid amounts already incurred.

Nothing in this section limits any refund, reimbursement, correction, or other remedy that must be provided under applicable law.

If you believe an invoice or charge is incorrect, please contact SkedSERVICE promptly at legal@skedservice.com so that it can be reviewed.

9. Acceptable Use

You may not use SkedSERVICE to:

• violate applicable law;
• infringe the rights of another person;
• submit information that you do not have the right to use;
• send unlawful, fraudulent, deceptive, abusive, or malicious content;
• attempt to gain unauthorized access to accounts, systems, or data;
• interfere with or disrupt the operation or security of the Service;
• introduce malware, malicious code, or other harmful technology;
• probe, scan, or test vulnerabilities without authorization;
• circumvent security, usage, billing, or access controls;
• use the Service in a manner intended to harm SkedSERVICE, its users, or third parties.

We may investigate suspected misuse and may restrict or suspend access where reasonably necessary to protect the Service, its users, data, or infrastructure.

10. Your Content and Data

You retain ownership of the business information, content, branding, and other material that you provide to SkedSERVICE.

You grant SkedSERVICE the limited rights necessary to host, process, reproduce, transmit, display, back up, and otherwise use that material solely as needed to provide, secure, maintain, support, and improve the Service and to comply with applicable law.

This permission ends when the information is no longer required for those purposes, subject to reasonable backups, legal obligations, security requirements, and retention practices described in the Privacy Policy.

You are responsible for ensuring that content and data you provide are lawful, accurate where required, and do not violate the rights of others.

11. SkedSERVICE Intellectual Property

SkedSERVICE and its software, design, code, interfaces, documentation, branding, logos, and other materials are owned by SkedSERVICE or its licensors, except for material belonging to users or third parties.

These Terms give you permission to use the Service. They do not transfer ownership of SkedSERVICE technology or intellectual property to you.

You may not copy, reproduce, sell, sublicense, reverse engineer, or commercially exploit SkedSERVICE technology except where expressly permitted by us or by applicable law.

You may provide suggestions or feedback about the Service. SkedSERVICE may use that feedback without restriction or obligation to you, provided that we do not publicly identify you as its source without permission.

12. Third-Party Services

SkedSERVICE relies on third-party providers for parts of the Service, including infrastructure, hosting, authentication, email delivery, payment processing, analytics, and other operational functions.

These providers may have their own terms and privacy practices.

SkedSERVICE is not responsible for independent products or services that you choose to use outside SkedSERVICE merely because they integrate with, link to, or are used alongside the Service.

We remain responsible for our own obligations under applicable law.

13. Service Availability

We work to keep SkedSERVICE available and reliable, but no online service can be guaranteed to operate without interruption or error.

The Service may occasionally be unavailable because of maintenance, upgrades, technical problems, third-party failures, security incidents, or circumstances outside our reasonable control.

We may perform maintenance or make changes where reasonably necessary to maintain the security, reliability, or operation of the Service.

Where practical, we will try to minimize disruption.

You are responsible for maintaining reasonable business procedures for periods when the Service is temporarily unavailable.

14. Account Closure and Deletion

SkedSERVICE does not currently provide self-service account closure.

The account owner may request closure of a SkedSERVICE account by contacting legal@skedservice.com. We may take reasonable steps to verify that the request comes from a person authorized to close the account.

Account closure is handled manually. Where future appointments or other active obligations remain, we may contact the account owner to coordinate an orderly closure.

Once closure is carried out, SkedSERVICE may disable new bookings and delete or de-identify business settings, services, availability, staff and resource information, customer information, appointments, and other operational data associated with the account.

The account owner is responsible for addressing obligations to customers, staff, or other persons arising from appointments or information affected by closure.

SkedSERVICE may retain limited information where required or permitted by law, including billing, accounting, tax, fraud-prevention, security, or other records subject to applicable retention requirements.

Information may also remain temporarily in protected backups until those backups expire according to normal retention procedures.

Closing an account does not cancel amounts already incurred or otherwise due.

15. Suspension and Termination by SkedSERVICE

SkedSERVICE may suspend or restrict access to the Service where reasonably necessary because of:

• a material violation of these Terms;
• unlawful or abusive use;
• a security threat;
• fraud or suspected fraud;
• conduct that threatens the Service or other users;
• a legal or regulatory requirement.

Where circumstances reasonably permit, we will provide notice and an opportunity to address the issue before terminating an account.

Immediate action may be taken where necessary to address security, fraud, unlawful activity, or a serious risk to users or the Service.

Non-payment alone is handled as described in the Billing and Payment section and does not, by itself, cause existing appointments or account data to be deleted.

Personal information remaining after account closure or termination is handled in accordance with the Privacy Policy and applicable law.

16. Discontinuation of the Service

SkedSERVICE may eventually discontinue all or part of the Service.

If SkedSERVICE makes a planned decision to discontinue the Service, we will make reasonable efforts to provide affected business users with substantial advance notice and, where reasonably practicable, at least six months' notice before final shutdown.

During a planned wind-down, SkedSERVICE may stop accepting new accounts or new bookings before the Service is fully discontinued, while continuing to provide access to existing appointments and account information for a reasonable transition period.

Circumstances outside our reasonable control, including serious illness, incapacity, death of the operator, major infrastructure failure, legal requirements, or other unforeseen events, may make advance notice or continued operation impossible.

In those circumstances, SkedSERVICE or the persons responsible for its affairs will make reasonable efforts, where possible, to notify affected users and allow an orderly shutdown.

SkedSERVICE does not guarantee that the Service will continue indefinitely or that another person or organization will assume operation of the Service if the current operator becomes unable to continue it.

After final shutdown, personal information and business data will be handled in accordance with the Privacy Policy and applicable legal retention requirements.

17. No Guarantee of Business Results

SkedSERVICE provides scheduling and appointment-management tools.

We do not guarantee that using SkedSERVICE will produce any particular number of bookings, customers, revenue, profit, reduction in no-shows, or other business result.

Results depend on factors outside SkedSERVICE's control, including the business, its customers, its services, and how the Service is used.

18. Disclaimers

To the maximum extent permitted by applicable law, the Service is provided on an "as is" and "as available" basis.

We do not warrant that the Service will be uninterrupted, error-free, or suitable for every business, profession, regulatory requirement, or particular purpose.

You remain responsible for reviewing appointment information, business settings, availability, pricing, customer communications, and other operational information produced or processed through the Service.

Nothing in these Terms excludes warranties, protections, or remedies that cannot legally be excluded.

19. Limitation of Liability

To the maximum extent permitted by applicable law, SkedSERVICE is not responsible for indirect, incidental, special, consequential, exemplary, or punitive loss arising from use of, or inability to use, the Service, including loss of profits, revenue, business opportunities, goodwill, or data.

To the maximum extent permitted by applicable law, SkedSERVICE's aggregate liability for direct material loss arising from the Service or these Terms will not exceed the greater of:

1. the amount paid or payable by you to SkedSERVICE during the twelve months immediately preceding the event giving rise to the claim; or
2. CAD $100.

These limitations do not apply where liability cannot lawfully be excluded or limited.

Nothing in these Terms excludes or limits liability for intentional or gross fault, bodily or moral injury, or otherwise limits liability where such limitation is prohibited by law.

20. Your Responsibility for Your Business

You remain responsible for operating your business and for decisions made using information provided through SkedSERVICE.

SkedSERVICE does not provide legal, accounting, tax, medical, professional, or regulatory advice.

You are responsible for determining and complying with the laws, licensing requirements, professional obligations, tax requirements, customer-protection rules, privacy obligations, and other requirements applicable to your business.

21. Indemnification

To the extent permitted by law, if you use the Service on behalf of a business, you agree to indemnify and hold SkedSERVICE harmless from third-party claims, losses, liabilities, and reasonable costs arising from:

• the products or services offered or provided by your business;
• content or data supplied by you or your authorized users;
• your violation of applicable law or third-party rights;
• your material breach of these Terms.

This obligation does not apply to the extent a claim results from SkedSERVICE's own unlawful conduct, intentional or gross fault, or other responsibility that cannot legally be excluded.

22. Privacy

Our Privacy Policy explains how SkedSERVICE collects, uses, protects, stores, discloses, retains, and otherwise handles personal information.

Please review the Privacy Policy together with these Terms.

23. Changes to These Terms

SkedSERVICE may update these Terms as the Service, business model, technology, security requirements, or applicable law evolves.

When material changes are made, we will update the "Last updated" date and provide reasonable notice where appropriate before the changes take effect.

Changes will normally apply prospectively.

If you do not agree with revised Terms, you may stop using the Service and request account closure, subject to any valid obligations that arose before closure.

Where applicable law requires renewed or additional consent, we will request it.

24. Language

A French version of these Terms is available through the Service.

Where applicable Québec law requires a French version of a contract of adhesion to be made available before another-language version is accepted, SkedSERVICE will make the French version available through the same technological means before or together with the other-language version.

After the French version has been made available as required by law, a user may expressly choose to be bound by a version in another language where permitted.

The French and other-language versions are intended to express the same agreement. Nothing in these Terms limits any right available under applicable law in the event of a discrepancy between language versions.

25. Governing Law

These Terms and your use of SkedSERVICE are governed by the laws of Québec and the federal laws of Canada applicable in Québec, subject to any mandatory legal protections or rules that cannot lawfully be excluded by agreement.

Subject to such mandatory rules, disputes concerning these Terms or the Service may be brought before the courts having jurisdiction in Québec, Canada.

Before starting formal proceedings, we encourage you to contact us so that we can attempt to resolve the issue informally.

26. Severability

If a provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to apply to the extent permitted by law.

27. No Waiver

If SkedSERVICE does not immediately enforce a provision of these Terms, that does not mean that the provision or the right to enforce it has been waived.

28. Entire Agreement

These Terms, together with the Privacy Policy, pricing, and other contractual terms expressly presented to you in connection with the Service, constitute the agreement governing your use of SkedSERVICE.

They do not replace rights or obligations that applicable law does not permit the parties to exclude.

29. Contact

Questions concerning these Terms, privacy, account closure, billing disputes, or other legal matters may be sent to:

SkedSERVICE
Québec, Canada
legal@skedservice.com