Terms of Service

1. Services Description

Askie provides a customer engagement platform specifically designed for personal care services businesses (such as salons, spas, and barber shops) that includes:

• Appointment management system
• Client communication tools
• Review generation and management
• Client relationship management
• Staff management tools
• Payment processing capabilities
• Marketing automation tools

The features available to you depend on the subscription plan you select.

2. Account Registration and Security

2.1 Account Creation

To use most aspects of the Services, you must register for an account. When you register, you will be required to provide us with some information about yourself, such as your email address, business name, and password. You agree that the information you provide to us is accurate and that you will keep it up to date at all times.

2.2 Account Security

You are responsible for safeguarding your password and for all activities that occur under your account. We recommend that you use a strong password unique to your account with us and enable multi-factor authentication when available. You agree to notify us immediately if you suspect any unauthorized access to or use of your account.

2.3 Multi-Tenant System

Our Services operate on a multi-tenant system where multiple businesses' data is stored in a common database with strict security controls to maintain separation. While we employ robust security measures to separate tenant data, you acknowledge the inherent nature of multi-tenant systems.

3. Subscription and Payment Terms

3.1 Subscription Plans

We offer various subscription plans for our Services. The fees, features, and limitations for each plan are described on our pricing page. We reserve the right to change our prices at any time, but will provide advance notice of at least 30 days before any price changes take effect.

3.2 Free Trial

We may offer a free trial period for our Services. At the end of the trial period, your account will automatically convert to a paid subscription unless you cancel before the trial ends.

3.3 Payment Terms

All paid plans must be paid in advance. You authorize us to charge your payment method for the subscription fees for the plan you select. All payments are non-refundable except as required by law or as specifically stated in these Terms.

3.4 Taxes

All fees are exclusive of taxes, which we will charge as applicable. You are responsible for paying all taxes associated with your use of the Services.

3.5 Late Payments

If your payment is overdue, we may suspend your access to the Services until payment is received. For accounts more than 30 days overdue, we reserve the right to terminate your account.

4. Data and Content

4.1 Your Data

You own all the data you provide to us or collect through the Services, including your customer information, appointment data, and business details ("Your Data"). You grant us a license to use, copy, transmit, store, and back up Your Data for the purpose of providing the Services to you and for improving our Services generally.

4.2 Customer Data

You are responsible for obtaining all necessary rights, permissions, and consents to share your customers' personal information with us. You represent and warrant that your collection and use of customer data complies with all applicable laws, including data protection and privacy laws.

4.3 Data Storage and Security

We implement and maintain reasonable administrative, physical, and technical safeguards to protect Your Data. However, no method of transmission over the internet or electronic storage is completely secure, and we cannot guarantee absolute security.

4.4 Data Retention

We will retain Your Data for as long as your account is active or as needed to provide you with the Services. After account termination, we may retain Your Data for up to 90 days, after which it will be deleted from our active systems. However, we may retain archival copies for legal compliance purposes.

5. Acceptable Use

5.1 Compliance with Laws

You agree to use the Services in compliance with all applicable laws, regulations, and these Terms.

5.2 Prohibited Activities

You agree not to:

• Use the Services to send spam or unsolicited messages to individuals
• Use the Services for any illegal purpose or to promote illegal activities
• Transmit any viruses, malware, or other harmful code
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the integrity or performance of the Services
• Infringe or misappropriate the intellectual property rights of others
• Use automated methods to access or use the Services without our permission
• Exceed rate limitations on messaging or API calls as defined in our documentation
• Sell, resell, or lease the Services without our prior written consent

5.3 User Content Guidelines

If our Services allow you to upload or share content, you must ensure that content:

• Is not harmful, offensive, or inappropriate
• Does not violate any applicable laws or regulations
• Does not violate any third-party rights, including intellectual property rights
• Does not contain any material that is defamatory, obscene, or otherwise objectionable

6. Intellectual Property Rights

6.1 Our Intellectual Property

The Services, including all designs, text, graphics, pictures, information, data, software, and other files, are the property of Askie or our licensors. The Services are protected by copyright, trademark, and other laws. These Terms do not grant you any right, title, or interest in the Services, our trademarks, logos, or other brand features.

6.2 Feedback

If you provide us with any feedback or suggestions regarding the Services, you grant us an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use any such feedback or suggestions for any purpose without compensation to you.

7. Third-Party Services and Links

7.1 Third-Party Services

The Services may integrate with or enable access to third-party services, such as payment processors (like Stripe), messaging services (like Twilio), or other applications. Your use of these third-party services may be subject to additional terms and privacy policies provided by those third parties.

7.2 Links to Third-Party Websites

The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products, or services on or available from those websites or resources.

8. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ASKIE, OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (C) ANY CONTENT OBTAINED FROM THE SERVICES; AND (D) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES SHALL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT PAID BY YOU TO ASKIE FOR THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

10. Indemnification

You agree to indemnify, defend, and hold harmless Askie, our affiliates, and our respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from or relate to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any rights of another; or (d) your Customer Data or any other content you submit to the Services.

11. Term and Termination

11.1 Term

These Terms will remain in effect until your subscription to the Services is terminated by either you or us.

11.2 Termination by You

You may terminate your subscription at any time by following the cancellation procedures in your account settings. If you terminate your subscription in the middle of your billing cycle, you will not receive a refund for the remainder of that cycle unless required by law.

11.3 Termination by Us

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including, without limitation, if you breach these Terms. Upon termination, your right to use the Services will immediately cease.

11.4 Effects of Termination

Upon termination, all provisions of these Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. Service Level Agreement (SLA)

12.1 Availability

We will use commercially reasonable efforts to make the Services available 99.9% of the time, excluding planned maintenance windows. Planned maintenance will be communicated at least 48 hours in advance.

12.2 Support

We provide different levels of support based on your subscription plan. Details of support offerings are available on our pricing page.

12.3 Data Backup

We perform regular backups of the Services database. However, you are encouraged to export and maintain your own backups of Your Data.

13. Changes to These Terms

We may modify these Terms from time to time. If we make material changes to these Terms, we will notify you by email or by posting a notice on our website at least 30 days before the changes become effective. Your continued use of the Services after the effective date of any changes constitutes your acceptance of the changed Terms.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Askie regarding your use of the Services and supersede all prior agreements and understandings.

14.2 Governing Law

These Terms shall be governed by the laws of [Your State/Country], without regard to its conflict of law provisions.

14.3 Dispute Resolution

Any dispute arising from these Terms shall be resolved through:

1. Informal negotiation - we'll try to resolve any disputes informally.
2. Mediation - if informal negotiation fails, we'll use a neutral mediator.
3. Arbitration - if mediation fails, disputes will be resolved by binding arbitration in [Your City, State/Country], except for claims that may be taken to small claims court.

14.4 Waiver and Severability

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

14.5 Assignment

You may not assign these Terms without our prior written consent, but we may assign or transfer these Terms, in whole or in part, without restriction.

14.6 Force Majeure

We will not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, civil unrest, governmental actions, labor shortages or disputes, or Internet service provider failures.

14.7 Contact Information

If you have any questions about these Terms, please contact us at [email protected].