Privacy Policy
Last Modified: July 12, 2021
1. Introduction
Thank you for using ClinicSoftware.com CRM. Please read our Terms of Service and this Privacy Policy carefully as you must agree to both in order to be permitted to use our Service.
2. Definitions
Throughout this document, we may use certain words or phrases, and it is important that you understand the meaning of them. The following is a non-exhaustive list of definitions of words and phrases found in this document:
“App” refers to our mobile software application, through which all or some of our Service may be made accessible to you;
“ClinicSoftware.com CRM” refers to our company, known as “CLINIC SOFTWARE LTD”; our Site; our Service; or a combination of all or some of the preceding definitions, depending on the context in which the word is used; “Service” refers to the services that we provide through our Site, including our appointment scheduling service, our App, and our Site itself;
“Site” refers to our website, www.ClinicSoftware.com;
“User” refers to anyone who uses our Service, including those who use our App and general visitors to our Site;
“You” refers to you, the person who is governed by this Privacy Policy.
3. Information Collected
We may collect information about you in a variety of ways. The information we may collect via the Application depends on the content and materials you use, and includes:
Personal Data
Demographic and other personally identifiable information that you voluntarily give to us when you sign up to our Service, such as:
Your sign-on credentials (email and hashed password)
Your name
Your phone number
Your business name
Any Personal Data revealed in your usage of the App, such as service prices, client names and phone numbers, appointment notes and reminder messages
Any other information that we deem necessary for the purpose of providing you with our Service or which you provide to us voluntarily.
The information we collect from you, to the extent that it is private, is disclosed only in accordance with our Terms of Service and/or this Privacy Policy.
Derivative Data
Information our servers automatically collect when you access the App, such as:
Your IP address and cookies
Data regarding your usage of the Site or the App
Statistics of activities, like number of messages sent in a month
Your native actions that are integral to the Application, via server log files.
Mobile Device Access
We may request access or permission to certain features from your mobile device, including your mobile device’s calendar, contacts, reminders, SMS messages, storage, and other features. If you wish to change our access or permissions, you may do so in your device’s settings.
Mobile Device Data
Device information such as your mobile device ID number, model, and manufacturer, version of your operating system, phone number, country, location, and any other data you choose to provide.
Non-Identifying Information
Whenever you visit our Site, we may collect non-identifying information from you, such as your IP address, referring URL, browser, operating system, cookie information, and Internet Service Provider. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, this information alone cannot usually be used to identify you.
Push Notification
We may request to send you push notifications regarding your account or the Application. If you wish to opt-out from receiving these types of communications, you may turn them off in your device’s settings.
4. Use of Your Information
We may use your information to:
Create and manage your account.
Enhance or improve User experience, our Site, or our Service.
Increase the efficiency and operation of the Application.
Resolve disputes and troubleshoot problems.
Email you regarding your account or order.
Respond to product and customer service requests.
Monitor and analyze usage and trends to improve your experience with the Application.
Notify you of updates to the Application.
Send you a newsletter
Request feedback and contact you about your use of the Application or Site.
Fulfill and manage purchases, orders, payments, and other transactions related to the Application.
Perform any other function that we believe in good faith is necessary to protect the security or proper functioning of our Site or Service.
5. Disclosure of Your Information
We may share information we have collected about you in certain situations. Your information may be disclosed as follows:
By Law or to Protect Rights
At times it may become necessary or desirable to ClinicSoftware.com CRM, for legal purposes, to release your information in response to a request from a government agency or a private litigant. You agree that we may disclose your information to a third party where we believe, in good faith, that it is desirable to do so for the purposes of a civil action, criminal investigation, or other legal matter. In the event that we receive a subpoena affecting your privacy, we may elect to notify you to give you an opportunity to file a motion to quash the subpoena, or we may attempt to quash it ourselves, but we are not obligated to do either. You release us from any damages that may arise from or relate to the release of your information to a request from law enforcement agencies or private litigants.
Sale or Bankruptcy
If we reorganize or sell all or a portion of our assets, undergo a merger, or are acquired by another entity, we may transfer your information to the successor entity. If we go out of business or enter bankruptcy, your information would be an asset transferred or acquired by a third party. You acknowledge that such transfers may occur and that the transferee may decline honor commitments we made in this Privacy Policy. We are not responsible for the actions of third parties with whom you share personal or sensitive data, and we have no authority to manage or control third-party solicitations. If you no longer wish to receive correspondence, emails or other communications from third parties, you are responsible for contacting the third party directly.
6. Your Information, Rights and Choices
You have the right to ask us not to process your Personal Data for marketing or promotional purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You may also opt out of receiving promotional emails from us by following the instructions in the emails themselves or by emailing uksupport@clinicsoftware.com. If you opt out, we may still send you non-promotional emails, such as emails about your accounts or our ongoing business relations.
You can see, review and change your personal information by logging into the Service or by contacting us at uksupport@clinicsoftware.com. You should promptly update your personal information if it changes or is inaccurate. You have the right to receive confirmation on whether or not we process Personal Data concerning you, and in such cases get access to such personal data and also information regarding the personal data and how we process it.
You have the right to have inaccurate Personal Data concerning you rectified without undue delay. Taking into account the purposes of the processing, you also have the right to have incomplete personal data about you completed. You have, under certain circumstances, the right to have Personal Data concerning you erased, for example if the Personal Data are no longer necessary in relation to the purposes for which they were collected or if the personal data have been unlawfully processed.
In some circumstances you have the right to obtain restriction of the processing of your Personal Data. For example if you contest the accuracy of the Personal Data, you can also require that we restrict the processing of your Personal Data for such a period that enables us to verify the accuracy of the Personal Data. You have the right to object to processing of your Personal data that is based on our legitimate interests. If this is done, we must provide compelling legitimate grounds for the processing which overrides your interests, rights and freedoms, in order to proceed with the processing of your Personal Data.
You have the right to receive the Personal Data relating to you and that you have provided to us, in a commonly used electronic format, by using the Export Data option in the App. You have the right to transmit that data to another controller (data portability). You have the right to complain on the processing of your Personal Data by lodging a complaint to the relevant data protection authority.
You may delete your account any time by emailing us at uksupport@clinicsoftware.com or by selecting the Delete Account option in the App. Deletion is your sole means of terminating your account. We will in our own discretion keep Nonpersonal Data which is required, if any, to maintain the uninterrupted and intended Service functionality. This Nonpersonal Data may be stored under a new username not attributable to you.
Although most changes may occur immediately, information may still be stored in a web browser’s cache. We take no responsibility for stored information in your cache, or in other devices that may store information, and disclaim all liability of such. In addition, we may, from time to time, retain residual information about you in our backup and/or database.
In addition to the above, you may opt-out of providing information via the App at any time by uninstalling the App using the standard uninstall process available on your mobile device or via the mobile application marketplace or store.
7. Third-Party Websites
ClinicSoftware.com CRM may post links to third party websites on its Site. These third party websites are not screened for privacy or security issues by ClinicSoftware.com CRM, and you release us from any liability for the conduct of these third party websites. Please be aware that this Privacy Policy, and any other policies in place, in addition to any amendments, does not create rights enforceable by third parties or require disclosure of any personal information relating to members of the Service or Site. ClinicSoftware.com CRM bears no responsibility for the information collected or used by any advertiser or third party website. Please review the privacy policy and terms of service for each site you visit through third party links.
8. Third-Party Access to Your Information
Although you are entering into an Agreement with ClinicSoftware.com CRM to disclose your information to us, we do use third party individuals and organizations to assist us, including contractors, web hosts, and others.
Throughout the course of our provision of our Service to you, we may delegate our authority to collect, access, use, and disseminate your information. For example, our web host stores the information that you provide us, and we may hire outside contractors to perform maintenance or assist us in securing our website.
It is therefore necessary that you grant the third parties we may use in the course of our business the same rights that you afford us under this Privacy Policy. For this reason, you hereby agree that for every authorization which you grant to us in this Privacy Policy, you also grant to any third party that we may hire, contract, or otherwise retain the services of for the purpose of operating, maintaining, repairing, or otherwise improving or preserving our website or its underlying files or systems. You agree not to hold us liable for the actions of any of these third parties, even if we would normally be held vicariously liable for their actions, and that you must take legal action against them directly should they commit any tort or other actionable wrong against you.
Without limiting the generality of the foregoing, you authorize us to collect, share, store, exchange, and otherwise use your information in conjunction with:
Apple App Store
Google Play
Google Analytics
MailChimp
Mandrill
OVH
UK2
Firebase by Google
UXCam
9. Commercial and Non-Commercial Communications
By providing information to the App/Site that forms the basis of communication with you, such as contact information, you waive all rights to file complaints concerning unsolicited e-mails from ClinicSoftware.com CRM since, by providing such information, you agree to receive communication from us or anyone else covered under this Privacy Policy. However, you may unsubscribe from certain communications by notifying ClinicSoftware.com CRM that you no longer wish to receive solicitations or information and we will endeavor to remove you from the database.
10. Security Measures
We take certain measures to enhance the security of our Site and Service, including using SSL certificates and a one-way hashing algorithm for storing Users’ passwords. However, we make no representations as to the security or privacy of your information. It is in our interest to keep our website secure, but we recommend that you use anti-virus software, firewalls, and other precautions to protect yourself from security threats.
11. Policy for Children
We do not knowingly solicit information from or market to children under the age of 13. If you become aware of any data we have collected from children under age 13, please contact us using the contact information provided below.
12. Your California Online Privacy Rights
ClinicSoftware.com CRM permits residents of the State of California to use its services. Therefore, it is the intent of ClinicSoftware.com CRM to comply with the California Business and Professions Code §§ 22575-22579. If you are a California resident you may request certain information regarding our disclosure of personal information to any third parties for their direct marketing purposes. Various provisions throughout this Privacy Policy address requirements of the Californian privacy statutes. In summary, you must presume that we collect electronic information from all visitors. You may contact us at uksupport@clinicsoftware.com with any questions.
13. International Transfer
Your information may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
14. Amendments
We may amend this Agreement from time to time. When we amend this Agreement, we will email you, if your email address is registered, that there has been a change and update this page accordingly. Your continued use of our Service shall constitute your acceptance of any such amendments.
Terms & Conditions
Last Modified: July 12, 2021
1. Introduction
Thank you for using ClinicSoftware.com CRM. Please read these Terms of Service and our Privacy Policy carefully as you must agree to both in order to be permitted to use our Service.
2. Definitions
Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:
“Agreement” refers to these Terms of Service;
“App” refers to our mobile software applications, through which all or some of our Service may be made accessible to you;
“ClinicSoftware.com CRM” refers to our company, known as “CLINIC SOFTWARE LTD”; our Site; our Service; or a combination of all or some of the preceding definitions, depending on the context in which the word is used;
“Service” refers to the services that we provide through our Site, including our appointment scheduling service, our App, and our Site itself;
“Site” refers to our website, www.clinicsoftware.com ;
“User” refers to anyone who uses our Service, including those who use our App and general visitors to our Site;
“You” refers to you, the person who is entering into this Agreement with ClinicSoftware.com CRM.
3. How ClinicSoftware.com CRM Works
ClinicSoftware.com CRM is a mobile app that helps professionals and small businesses effortlessly schedule appointments and reduce client no-shows using text message reminders. ClinicSoftware.com CRM is currently available on Android and iOS platforms.
Disclaimer about sending marketing messages
In certain countries, such as the US, the law requires express client consent to send them promotional messages. You are solely responsible for obtaining express consent from your clients to send them messages via ClinicSoftware.com CRM. You agree to document this consent and show us this information in the event of a compliance audit or formal complaint. You guarantee that your clients have granted you express consent to send them messages of the type that you intend to send them. If for any reason ClinicSoftware.com CRM suspects that the clients have not given you express consent, it reserves the right to request a written explanation from you, the client, including the method of collecting the client’s phone numbers and a guarantee signed by you that all the people on your client list agreed to receive text messages from you of the type that you had sent. ClinicSoftware.com CRM reserves the right to take any action it thinks appropriate in the case of non-compliance, including but not limited to cancellation of the account.
4. Eligibility
In order to use our Service, you must meet a number of conditions, including but not limited to:
You must not be in violation of any embargoes, export controls, or other laws of United Kingdom, the European Union or other countries or supranational bodies having jurisdiction over this Agreement, ClinicSoftware.com CRM, and yourself. For example, you must not use our Service if doing so would be in violation of the Common Foreign and Security Policy of the European Union.
You must be the minimum age required to enter into a contract in the area in which you reside, and, in any event, must not be less than 18 years of age.
You must provide us with personal information, and other information that we deem necessary to provide you with our Service.
5. Nature of Service
ClinicSoftware.com CRM believes that its Service is useful for the management of appointments. You agree that you are solely responsible for determining whether the use of our Service is right for you, and you agree to release ClinicSoftware.com CRM from any liability relating to your use of our Service.
6. Rules of Use
You must not:
Violate the laws of the United Kingdom, or any foreign political entity having jurisdiction over this Agreement, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country.
Post or send anything violent, threatening, pornographic, racist, hateful, or otherwise objectionable according to the opinion of ClinicSoftware.com CRM or its delegates.
Infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party.
Hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of the ClinicSoftware.com CRM Site, Service, or its Users’ computers.
Do anything else which could bring ClinicSoftware.com CRM into disrepute or violate the rights of any person.
7. Payment and Refunds
The Basic (free) plan includes the essential features of ClinicSoftware.com CRM: appointment scheduling, contacts, emails and text reminders, online booking, client management, tasks, and services management. Besides the Basic plan, we also have the Premium (US $58.99 / Month), the Professional (US $116.99 / Month) and Enterprise plans (US $174.99 / Month) which unlock more powerful features.
ClinicSoftware.com CRM Premium (US$58.99 / Month), auto-renewable subscription that can be purchased from within the app (Menu → Upgrade Account).
ClinicSoftware.com CRM Premium is for professionals who want even more convenience and productivity. The Premium edition provides access to more features and more functionality than the freemium edition to its users. This it comes with the capability to manage leads and deals on the go.
ClinicSoftware.com CRM Professional (US$116.99 / Month), auto-renewable subscription that can be purchased from within the app (Menu → Upgrade Account).
ClinicSoftware.com CRM Professional is for professionals who want even more convenience and productivity. The Professional edition provides access to more features and more functionality than the freemium edition to its users. This it comes with the capability to manage packages of treatments, memberships, analytics and generate reports.
ClinicSoftware.com CRM Enterprise (US$174.99 / Month), auto-renewable subscription that can be purchased from within the app (Menu → Upgrade account).
ClinicSoftware.com CRM Enterprise is for professionals who want even more convenience and productivity. The Enterprise edition provides access to more features and more functionality than the freemium edition to its users. This it comes with the capability to manage consultation forms, marketing tools and receive dedicated support from our team.
More information on what features go into each plan can be found on our Pricing page.
– Your payment will be charged to your Apple ID/Google Play Account once you confirm your purchase.
– The subscription automatically renews unless cancelled at least 24-hours before the end of the current period.
– You can manage your subscription by going to your Apple ID/Google Account Settings after purchase.
– Your Apple ID/Google Play account will be charged for renewal within 24-hours prior to the end of the current period.
– ClinicSoftware.com CRM charges different prices in different countries, please check your local prices within the app (Menu → Upgrade account). All fees are exclusive of all taxes or duties imposed by governing authorities. You alone are responsible for payment of all such taxes or duties.
THERE WILL BE NO REFUNDS OR CREDITS FOR PARTIAL MONTHS OF SERVICE, UPGRADE/DOWNGRADE REFUNDS, OR REFUNDS FOR MONTHS UNUSED WITH AN OPEN ACCOUNT.
Subscription cancellation
The easiest way to do this is by downgrading to the Basic plan (free). Please go to Menu → Settings, in the upper area tap on BASIC and then tap on the button “Select Basic”.
Subscriptions bought through Google Play will be automatically canceled when you downgrade to Basic, however, if you bought your subscription through the App Store, Apple requires you to manually cancel your subscription.
You are solely responsible for properly canceling your Apple subscription. An email or phone request to cancel your subscription is not considered cancellation. Here’s a step by step guide on how to do this: https://support.apple.com/en-us/HT202039
Please note that deleting the app and/or your account does not cancel your subscription.
Modifications to the Service and Prices
The Company 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.
Prices of all Services are subject to change upon 1 day notice from us. Such notice may be provided at any time by posting the changes to the ClinicSoftware.com CRM site or the Service itself.
The Company shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
8. Third Party Charges
Because ClinicSoftware.com CRM is a mobile App, downloading and/or using it may incur additional fees from your mobile provider for data use or other charges. You agree that ClinicSoftware.com CRM is not responsible for these charges and you are advised to contact your mobile provider to ensure that you are aware of what using our Service will cost you.
9. Our Copyright
ClinicSoftware.com CRM must preserve the uniqueness of our content because it distinguishes us from our competitors. You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site without receiving our prior written permission.
10. Trademarks
“ClinicSoftware.com CRM” and “Clinic Software” are trademarks used by us, CLINIC SOFTWARE LTD, to uniquely identify our Site, Service, and business. You agree not to use these phrases anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our app and website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own competing business.
11. Revocation of Consent
We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time. You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.
12. Representations & Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE (INCLUDING SERVICE INTERRUPTIONS OR TECHNICAL GLITCHES), NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.
YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY FAILURE ON THE PART OF A PAYMENT PROCESSOR, INCLUDING ANY THIRD PARTY APP STORE, TO DIRECT PAYMENTS TO THE CORRECT DESTINATION, OR ANY ACTIONS ON THEIR PART IN PLACING A HOLD ON YOUR FUNDS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR WHAT MAY OCCUR AS A RESULT OF YOUR DECISION TO SHARE YOUR DATA WITH OTHER USERS OR ANY OTHER THIRD PARTIES.
YOU AGREE THAT WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
13. Indemnity
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our Site or acceptance of the offers contained on it. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
14. Choice of Law
This Agreement shall be governed by the laws in force in United Kingdom. The offer and acceptance of this contract are deemed to have occurred in United Kingdom.
15. Forum of Dispute
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in United Kingdom. Specifically, where the subject matter of a dispute is eligible for it, you agree that any disputes involving only parties within the European Union (except Denmark) shall be heard solely according to the European Small Claims Procedure (“Small Claims Court”) in accordance with Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European Small Claims Procedure.
If a dispute claims multiple claims and one or more of those claims would be eligible to be heard by the Small Claims Court, you agree not to bring the other claims against us and to instead proceed within the Small Claims Court.
If you would be entitled in a dispute to an amount exceeding the monetary jurisdiction of the Small Claims Court, you agree to waive your right to collect any damages in excess of the monetary jurisdiction and instead still bring your claim within the Small Claims Court. At the time of drafting this Agreement, the monetary jurisdiction of the Small Claims Court is 2000 Euros.
You agree that if a dispute is eligible to be heard in Small Claims Court but you would be entitled to an additional or alternative remedy in a higher court, such as injunctive relief, you will waive your right to that remedy and still bring the dispute within the Small Claims Court.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
16. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
17. Severability
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, ClinicSoftware.com CRM shall have the sole right to elect which provision remains in force.
18. Non-Waiver
ClinicSoftware.com CRM reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
19. Termination & Cancellation
We may terminate your access to our Site and Service at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case you agree that we are not required to provide any refund or other compensation whatsoever.
Under no circumstances, including termination or cancellation of our Service to you, will we be liable for any losses related to actions of other Users.
20. Assignment of Rights
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
21. Amendments
We may amend this Agreement from time to time. When we amend this Agreement, we will email you, if your email address is registered, that there has been a change and update this page accordingly. Your continued use of our Service shall constitute your acceptance of any such amendments.
22. California Users and Residents
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about ClinicSoftware.com CRM must be addressed to our agent for notice and sent via certified mail to that agent. For our agent’s most current contact information, please send a request support@ClinicSoftware.com CRM.com. Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
XX