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.