Terms of Service | Schedule My Groom | Pet Grooming Software for Solo Groomers

Schedule My Groom Software License Agreement

The following terms and conditions govern use of the Services (defined in Section 1 below) made available by Schedule My Groom LLC. (“Schedule My Groom“) and its licensors and suppliers.

BY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT OR USING ANY OF THE SERVICES, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, AND ARE BOUND BY, THE TERMS OF THIS SCHEDULE MY GROOM LICENSING AGREEMENT (THIS “AGREEMENT“). IF YOU ARE AN INDIVIDUAL ENTERING INTO THIS AGREEMENT ON BEHALF OF A LEGAL ENTITY, YOU HEREBY REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF SUCH ENTITY AND BIND SUCH ENTITY TO THIS AGREEMENT, IN WHICH CASE, “CUSTOMER” REFERS TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES

1. DEFINITIONS. In addition to terms defined elsewhere in this Agreement, the following terms will have the meaning ascribed below:

a) “ Authorized Users ” means employees of Customer who are properly provided access to the Services per the terms of the online purchase made by Customer.

b) “ Content ” means any information, materials, data, text, images or other content that is submitted or otherwise processed via the Services in connection with Customer’s use of the Services (including use by Authorized Users).

c) “ Customer ” means the entity on behalf of which the person enters into this Agreement, together with all employees and affiliates of such entity.

d) “ Mobile App ” means the current version of the mobile application made available by Schedule My Groom through the Apple App Store or Google Play that enables access to and use of the Services.

e) “ Optional Features ” means any optional, add-on service offerings that are offered for purchase separately from the Software (on a one-time or subscription basis), by Schedule My Groom and that may be used in connection with the Services or Software. Optional Features may include products supplied by third parties. Optional Features may include online booking, remote access, online backup, text messaging and email messaging.

f) “ Services ” means any or all of the Software, products and/or hosted services provided by Schedule My Groom and its licensors and suppliers to Customer under this Agreement, including Optional Features and the Mobile Application.

g) “ Software ” means the client management software selected by Customer and provided by Schedule My Groom to Customer under this Agreement, including any updates or upgrades thereto that are made available by Schedule My Groom to Customer.

2. SCOPE. This Agreement applies to Customer’s and its Authorized Users’ access to and use of any Services. In addition, each Authorized User that downloads and installs the Mobile App will agree to the terms and conditions governing use of the Mobile App, which terms and conditions will prevail with respect to use of the Mobile App by the applicable Authorized User in the event of a conflict between such terms and conditions and the terms and conditions herein. Schedule My Groom reserves the right, in its sole discretion, to change, update or enhance the Services at any time. Schedule My Groom may add or remove functionalities or features and may suspend or stop all or a portion of the Services.

3. NON DISPARAGEMENT. During the Term of this Agreement, Customers are prohibited, shall not permit or encourage any third party within Customer’s reasonable control, from making any disparaging statements or representations, either directly or indirectly, whether orally or in writing, by word or gesture, to any person or entity whatsoever, about Schedule My Groom, our affiliates or our or their respective directors, officers, employees, agents, representatives, consultants, accountants, shareholders, attorneys, or advisors. DURING THE TERM OF THIS AGREEMENT, IF YOU ENGAGE IN, OR PERMIT OR ENCOURAGE ANY THIRD PARTY TO MAKE, SUCH REMARKS, SCHEDULE MY GROOM SHALL BE PERMITTED WITHIN ITS SOLE DISCRETION TO IMMEDIATELY TERMINATE THIS AGREEMENT AND CUSTOMER ACCESS TO THE SOFTWARE WITHOUT PROVIDING YOU A REFUND OF ANY AMOUNTS YOU HAVE PAID. For purposes of this Section, a disparaging statement or representation is any communication which, if transmitted or publicized to another, would cause or tend to cause the recipient of the communication to question the business condition, integrity, competence, good character, or product or service quality of the person or entity to whom the communication relates. This Section does not, in any way, restrict or impede Customer from exercising protected rights to the extent that such rights cannot be waived by agreement or from complying with any applicable law or regulation or a valid order of a court of competent jurisdiction or an authorized government agency, provided that such compliance does not exceed that required by the law, regulation, or order.

4. SERVICES. If Customer has purchased the right to use the Services, as hosted by or on behalf of Schedule My Groom, the following provisions shall apply:

a) ACCESS GRANT. Subject to the terms of this Agreement and receipt of the required payment by Customer, Schedule My Groom hereby grants to Customer a limited, non-exclusive, non-transferable, revocable, and non-sublicensable right to access and use the Services for its internal business purposes during the applicable subscription period purchased by Customer. Customer will comply with applicable laws and any restrictions, including any limitations on the number of Authorized Users it may allow to access and use the Subscription on its behalf.

5. RESTRICTIONS. Without limiting any other provision of this Agreement, Customer will not do, or authorize or permit any third party to do, any of the following: (a) modify, translate, copy, adapt, reverse engineer (except to the extent applicable laws specifically prohibit such restriction), decompile, disassemble, or create derivative works based on the Services; (b) access or use the Services in a way intended to improperly avoid incurring fees or exceeding usage limits or quotas; (c) allow unauthorized third party access to the Services; (d) attempt to gain unauthorized access to the Services or any other Schedule My Groom customer’s account; (e) use the Services in any manner that is not in accordance with this Agreement, applicable documentation and all applicable laws; (f) resell, rent, lease, distribute, timeshare, use as a service bureau, grant a security interest in, transfer rights to, or make available the Services to any third party; (g) use the Services to build a competitive product or service or to benchmark with a third-party product or service; (h) interfere with or disrupt servers or networks used by Schedule My Groom to provide the Services, or harass or interfere with another customer’s full use and enjoyment of the Services; (i) cause, in Schedule My Groom’s sole discretion, inordinate burden on the Services or Schedule My Groom’s system resources or capacity; or (j) remove any proprietary notices or labels displayed in the Services or on its output.

6. OPTIONAL FEATURES. Certain Optional Features may be provided by third parties pursuant to separate terms and conditions, which may include click-thru terms and conditions supplied by Schedule My Groom and/or third party suppliers. Customer will comply with the terms of service of such Optional Features. Customer is solely responsible for using the Services and any Optional Features in accordance with the terms of any third party supplier terms and conditions and all applicable laws, including the Telephone Consumer Protection Act and CAN-SPAM Act.

7. SENSITIVE DATA. Customer acknowledges and agrees that the Services are not suitable for hosting or processing any Sensitive Personal Information. “Sensitive Personal Information” means any personal information that: (a) must be protected in accordance with specific or heightened security requirements imposed by applicable law or industry standards; or (b) would require notification to government agencies, individuals or law enforcement if subject to unauthorized access, use or disclosure. Examples of Sensitive Personal Information include, but are not limited to, government-issued identification numbers (such as driver’s license numbers or Social Security numbers), financial account numbers, payment card data, and protected health information (“PHI”) as defined by the Health Insurance Portability and Accountability Act. Customer will ensure that no Sensitive Personal Information is hosted or otherwise processed via the Services, and will indemnify Schedule My Groom for any liability associated with any Sensitive Personal Information collected by Customer in accordance with the terms of Section 19.

8. CUSTOMER’S ACCOUNT. When registering to use the Services, Customer must: (a) provide true, accurate, current and complete information regarding Customer’s and Customer’s Authorized Users’ login, password, account information and other relevant information (the “Registration Data“); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. Customer will not allow any account password to be used by more than one individual. Customer must keep their account credentials secure and protect their account from unauthorized access and use. Customer is responsible for managing access privileges for any Authorized User who may access the Services on its behalf. Customer shall be responsible for all access and use of the Services under its account, and for its Authorized Users’ compliance with the terms of this Agreement and any additional terms set forth in Customer’s online purchase. Customer will immediately notify Schedule My Groom of any unauthorized access or use of Customer’s account.

9. OWNERSHIP. Except as expressly set forth herein, Schedule My Groom and its licensors and suppliers shall retain all title, rights and interest in and to the Services. Customer acknowledges and agrees that the copyright, patent, trademark, trade secret, and all other intellectual property rights of whatever nature in the Services are and shall remain the property of Schedule My Groom and its licensors and suppliers, as applicable, and nothing in this Agreement should be construed as transferring any aspects of such rights to Customer other than the limited license granted herein.

10. PRIVACY.

a) User Data and Client Data . In connection with Customer’s and Customer’s clients’ access and use of the Services, Schedule My Groom may collect information from or about: (a) Customer and its authorized users, including the Registration Data and other information collected from or about Customer’s and its Authorized Users’ computers and devices (“User Data“); and (b) Customer’s clients, including client information submitted by Customer via the Services and information collected from Customer’s clients and their computers or devices (“Client Data“). User Data and Client Data are deemed Content under this Agreement. Customer is solely responsible for collecting, using and disclosing Client Data in accordance with applicable law. Without limiting the foregoing, Customer will provide any notices (including publishing any required privacy policies on Customer’s websites), and obtain any consents, as required under applicable law in connection with Customer’s and Schedule My Groom’s collection, use and disclosure of Client Data.

b) Schedule My Groom Privacy Policy and Data Addendum. Schedule My Groom retains the right to use and disclose Content as described in its privacy policy, and in accordance with the European Union General Data Protection Regulation and Data Transfer Addendum entered into by Schedule My Groom and Customer, which is located at www.schedulemygroom.com/privacy-policy (“Privacy Policy“). The Privacy Policy and Data Addendum are hereby incorporated by reference into this Agreement. In the event of any irreconcilable conflict between the provisions of the Data Addendum and any provisions of this Agreement, the provisions of the Data Addendum shall prevail.

11. CUSTOMER CONTENT.

a) Rights. Customer hereby grants Schedule My Groom a non-exclusive, royalty-free, fully paid up, sublicensable, fully transferable license to reproduce, create derivative works of, distribute, publicly display, modify or otherwise use the Content for any business purpose, including but not limited to, the creation of benchmarks, to operate and improve the Services, to develop new products and services, and to supply to third parties for marketing and other business purposes. Customer represents and warrants that (i) it has all the rights in the Content necessary to grant the foregoing license, and (ii) the Content does not infringe or violate any applicable law, intellectual property rights or any other rights of any person.

b) Requirements . Customer will: (a) be solely responsible for the nature, quality and accuracy of the Content; (b) ensure that the Content (including the storage or transmission thereof) comply with this Agreement and any and all applicable laws and regulations; (c) promptly handle and resolve any notices and claims relating to the Content, including any notices sent to Customer by any person claiming that any Content violates applicable law or infringes upon any person’s rights; (d) ensure the Content does not contain harmful or malicious code that could damage, burden or interfere with any computer or network; (e) ensure that the use of the Content as set forth herein comply with Customer’s privacy policy if applicable; and (f) be solely responsible for maintaining backup copies of the Content. Schedule My Groom retains the right to edit, remove or otherwise prevent delivery of any Content to or from the Services if Schedule My Groom deems reasonably necessary to protect the Services, Schedule My Groom’s customers, Schedule My Groom’s networks and computer systems, or to prevent Customer from breaching this Agreement.

12. PAYMENT.

a) Fees . Customer will pay the fees applicable for the Services (“Fees“) as specified on Schedule My Groom’s website. The price stated for the Services excludes all taxes and any other governmental or third party charges, unless stated otherwise. Customer is responsible for any taxes and for all other charges or third party fees incidental to using the Services (for example, third-party data charges). Customer must let Schedule My Groom know of any disputed charges within sixty (60) days after the date of receipt of such invoice or charge. Schedule My Groom will notify Customer in advance, either through the Services or to an administrator’s email address, if Schedule My Groom changes the price of the Services. Customer’s continued use of the Service after the price change becomes effective constitutes Customer’s agreement to pay the changed amount. If Customer does not agree to these price changes, it must cancel and stop using the Services. Any cancellation for this reason will be effective upon expiration of the current billing period for the Services.

b) Payment . Customer will pay the Fees using a valid payment method, acceptable to Schedule My Groom at its sole discretion. Customer represents and warrants that it is authorized to use any payment method it selects to pay the Fees. Customer hereby authorizes Schedule My Groom or its third party designee to charge Customer’s designated payment method for the total amount of Fees, including any applicable taxes and other charges described via the Services. If the payment method cannot be verified, is invalid or is otherwise not acceptable to Schedule My Groom, Schedule My Groom may suspend the Services or terminate this Agreement in its sole discretion. Certain of the Services are offered on a subscription basis with auto-renewing payments (“Subscription Services“). The billing period for each type of Subscription Service will be as specified via the Services at the time of registration. When Customer registers for any Subscription Service, it expressly acknowledges and agrees that (i) Schedule My Groom (or its designated third-party payment processor) is authorized to charge Customer’s payment method on a recurring basis for the Subscription Service (in addition to any applicable taxes and other charges) at the then-current rates for as long as the Subscription Service continues, and (ii) the Subscription Service will continue until Customer cancels it as set forth pursuant to Section 14 below or Schedule My Groom suspends or stops providing access to the Services.

c) Trials . Schedule My Groom may offer certain limited trial period access to Subscription Services without charge. The last day of the trial period signifies the due date of the first payment of Fees for the Subscription Service. Use of the Services during the trial period is subject to this Agreement, regardless of payment or non-payment by Customer. Notwithstanding any other provision of this Agreement, Schedule My Groom provides any trial Services, (i) free of charge and without support and (ii) “AS IS” without indemnification or warranty of any kind. Also, certain features or services may not be available in connection with such trial Services.

13. SUSPENSION. Schedule My Groom reserves the right to suspend Customer’s access to the Services at any time in Schedule My Groom’s sole discretion if Schedule My Groom believes Customer is or is likely to be in breach of the terms of this Agreement or if Schedule My Groom deems reasonably necessary to protect the Services, Schedule My Groom’s customers, or Schedule My Groom’s networks and computer systems.

14. TERM; TERMINATION. This Agreement commences upon Customer’s use of the Services and shall remain in full force until terminated in accordance with this Section.

a) Termination by Schedule My Groom. Schedule My Groom may terminate this Agreement immediately upon notice to Customer if (1) Customer breaches any term of this Agreement; or (2) any of the following take place: (i) Customer makes any general assignment or general arrangement for the benefit of its creditors; (ii) the filing of a petition to have Customer adjudged bankrupt or of a petition for reorganization or arrangement under any law relating to bankruptcy; (iii) the appointment of a trustee or receiver to take possession of substantially all of Customer’s assets or interest in this Agreement; or (iv) the attachment, execution or other judicial seizure of substantially all of Customer’s assets or interest in this Agreement. Schedule My Groom may terminate the Agreement at any time upon 30 days advance notice to Customer.

b) Termination by Customer. To cancel any Subscription Service, Customer may contact Schedule My Groom through the online help center (www.schedulemygroom.com/contact) or initiate cancellation through Mobile App by going to Account Settings \ Cancel Subscription. Customer must cancel a Subscription Service before the start of the next billing period in order to avoid charges for the next billing period’s Fees. Following any cancellation, Customer will continue to have access to the Subscription Services (subject to the terms of this Agreement) through the end of Customer’s current billing period. Prepaid fees for the billing period during which cancellation notice is received will not be refunded and usage fees will continue to accrue from the date of cancellation through the end of the billing period. Except as specifically set forth in the Services, all Fees are prepaid for the designated subscription period and are non-refundable

c) Effect of Termination . Any rights and licenses granted to Customer under this Agreement will terminate immediately upon termination of this Agreement. Termination shall not relieve Customer’s obligation to pay all Fees which are due and payable as of the date of termination. Sections 1, 5, 9, 11, 12, 14, 15, 16, 18, 19 and 21, will survive expiration or termination of this Agreement.

15. DISCLAIMER. SCHEDULE MY GROOM PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS, DEFECTS AND ERRORS AND WITHOUT WARRANTY OF ANY KIND. NO DEALER, AGENT OR EMPLOYEE OF SCHEDULE MY GROOM IS AUTHORIZED TO MAKE ANY OTHER WARRANTY REGARDING THE SERVICES. SCHEDULE MY GROOM, AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS CUSTOMER MAY OBTAIN BY USING THE SERVICES, THAT THE SERVICES IS SUITABLE FOR CUSTOMER’S BUSINESS, OR THAT THE SERVICES CAN BE USED BY CUSTOMER IN COMPLIANCE WITH ALL LAWS APPLICABLE TO CUSTOMER’S BUSINESS. SCHEDULE MY GROOM AND ITS SUPPLIERS DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING AS TO TITLE AND NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE. ALL CALCULATIONS THAT THE SERVICES PERFORM (INCLUDING, BUT NOT LIMITED TO CALCULATIONS RELATING TO TICKET/SALES INFORMATION, TAXES, CLIENTS, TOTALS, SERVICES, OR PRODUCTS) ARE FOR REFERENCE ONLY, AND SHOULD BE VERIFIED BY MEANS INDEPENDENT OF THE SERVICES. CUSTOMER ASSUMES ENTIRE RISK AS TO THE SELECTION AND SUITABILITY OF THE SERVICES, FOR ITS USE IN ACCORDANCE WITH APPLICABLE LAW, AND FOR THE RESULTS OBTAINED FROM THE SERVICES.

16. LIMITATION OF LIABILITY.

A) UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, WILL SCHEDULE MY GROOM OR ITS SUPPLIERS OR RESELLERS HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOSS OR BREACH OF ANY TYPE OF DATA, INCLUDING BUT NOT LIMITED TO PERSONAL DATA, AND/OR OR LOSS OF PROFITS, AND THIRD PARTY CLAIMS AGAINST CUSTOMER EVEN IF SCHEDULE MY GROOM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

B) IN NO EVENT WILL THE AGGREGATE LIABILITY OF SCHEDULE MY GROOM ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNTS PAID BY CUSTOMER UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRECEDING THE APPLICABLE CLAIM.

17. PRODUCT SUPPORT. Although Schedule My Groom may provide voluntary support to Customer in connection with the Services, Schedule My Groom is not obligated to provide such support except for specific technical support purchased pursuant to monthly subscription Fees. The support policies and practices of Schedule My Groom are subject to change without notice or obligation and may be viewed at the following website: www.schedulemygroom.com/privacy-policy. Customer is solely responsible for incorporating any customer support information provided by Schedule My Groom into its use of the Services and is solely responsible for any consequences thereof.

18. CONFIDENTIAL INFORMATION. In connection with this Agreement, Customer may obtain or receive non-public confidential information of Schedule My Groom, including, but not limited to the Services, software, processes, designs, plans, methods, data, or other non-public information of Schedule My Groom (collectively, “Schedule My Groom’s Confidential Information“). Customer will not use Schedule My Groom’s Confidential Information except to exercise rights granted under this Agreement, and will not disclose Schedule My Groom’s Confidential Information to any third party except to individuals authorized to use the Services on its behalf. Customer will protect Schedule My Groom’s Confidential Information from unauthorized access, use or disclosure, including (without limitation) by requiring its employees, agents, and contractors to enter into written confidentiality obligations at least as strict as those contained in this Agreement. Customer acknowledges that Schedule My Groom’s Confidential Information, regardless of form, is, and will always remain, the sole and exclusive property of Schedule My Groom. Customer further acknowledges that the unauthorized use of Schedule My Groom’s Confidential Information would cause irreparable injury to Schedule My Groom. Consequently, Customer agrees that money damages would not be a sufficient remedy for a breach of this provision, and, in addition to all other remedies to which Schedule My Groom may be entitled, Schedule My Groom will also be entitled to specific performance and injunctive or other equitable relief as remedies for such breach or threatened breach by Customer. Customer agrees that on request or at the termination of this Agreement, Customer will immediately return or destroy, at Schedule My Groom’s discretion, all Schedule My Groom’s Confidential Information and any other related tangible materials to Schedule My Groom without retaining any copies, notes or extracts thereof.

19. INDEMNIFICATION. Customer will defend, indemnify, and hold harmless, Schedule My Groom, and its employees, officers, directors, agents, successors, assigns, representatives and third party contractors (“Indemnitees“) from and against all claims, suits, liabilities, damages, costs, fees, expenses, losses, costs and expenses (including attorneys’ fees) arising out of or resulting from (i) breach of this Agreement by Customer, (ii) Customer’s use of the Services, (iii) any claims or allegations arising from or related to the Content, including any claim that the Content infringes, violates or misappropriates any rights of any third party, including any intellectual property rights or privacy rights; and/or (iv) any data breach affecting Customer and/or Customer’s clients related to use of the Services. Schedule My Groom will have the right to control the defense of any such claim, at Customer’s expense.

20. MODIFICATION. Schedule My Groom reserves the right to change or modify the terms of this Agreement or any other policies related to use of the Services at any time and at its sole discretion. If Schedule My Groom does this, Schedule My Groom will post the changes on this page and will indicate at the bottom of this page the date this Agreement was last revised. Schedule My Groom will also notify Customer of any material changes, either through the Services, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted. Customer’s continued use of the Services following such period constitutes Customer’s acknowledgement and agreement to such changes or modifications.

21. GENERAL TERMS

a) Governing Law. This Agreement shall be governed by the laws of the State of California without regard to its conflict of law principles. All disputes arising under this agreement shall be resolved in the applicable state or federal courts of California. The parties consent to the jurisdiction of such courts, agree to accept service of process by mail, and waive any jurisdictional or venue defenses otherwise available.

b) Integration. This Agreement constitutes the entire understanding of the parties and is intended as the final expression of their agreement. This Agreement supersedes any and all prior agreements, oral or written, expressed or implied, between the parties hereto with respect to the Services and the terms herein.

c) Non-Waiver. No waiver by Schedule My Groom of any breach of any provision hereof shall constitute a waiver of that or any other provision hereof.

d) Force Majeure. Schedule My Groom will not be liable for any failure to perform its obligations arising from circumstances beyond its reasonable control, including, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, Internet service provider failure or delay, or denial of service attack.

e) Notice. Except as otherwise specified in this Agreement, Schedule My Groom will provide any required notices to Customer under this Agreement by email to the email address associated with an administrator account. Customer will provide any required notices to Schedule My Groom under this Agreement by certified mail to Schedule My Groom LLC., 2108 N St, STE N, Sacramento CA 95816. In each case, notice must be in English and will be deemed effective upon receipt.

f) Severability. If any part, term or provision of this Agreement shall be held illegal, unenforceable or in conflict with any law of a federal, state, or local government having jurisdiction over this Agreement, the validity of the remaining portions or provisions shall not be affected thereby.

g) Assignment. Schedule My Groom may assign, transfer, or otherwise dispose of its rights and obligations under this Agreement, in whole or in part, at any time without notice to Customer. Customer may not assign this Agreement (whether directly or indirectly, by operation of law, or otherwise) or transfer any rights to use the Services without Customer’s prior written consent.

h) Government Use. If Customer is part of an agency, department, or other entity of the United States Government (“Government”), the use, duplication, reproduction, release, modification, disclosure or transfer of the Services are restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. The Services are a “commercial item,” “commercial computer software” and “commercial computer software documentation.” In accordance with such provisions, any use of the Services by the Government will be governed solely by the terms of this Agreement.

i) Export Controls. Customer will comply with all export laws and restrictions and regulations of the Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control (“OFAC”), or other United States or foreign agency or authority, and Customer will not export, or allow the export or re-export of the Services in violation of any such restrictions, laws or regulations. By downloading or using the Services, Customer agrees to the foregoing and represents and warrants that Customer is not located in, under the control of, or a national or resident of any restricted country.

22. LINKED SITES. The website and Services may contain links to other websites ("Linked Site(s)" or "third party sites"). The Linked Sites are not under the control of Company and Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Company is not responsible for webcasting or any other form of transmission received from any Linked Site. Schedule My Groom is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Schedule My Groom of the site or any association with its operators.

IN NO EVENT SHALL SCHEDULE MY GROOM OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES SUFFERED BY A USER (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, EXEMPLARY, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, ANY LINKED SITE OR THIRD PARTY WEBSITE OR RELATED SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER SCHEDULE MY GROOM WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT SUCH DAMAGES WERE POSSIBLE.

23. RESPECTING COPYRIGHT. We honor the requirements set forth in the Digital Millennium Copyright Act. We therefore take reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. And if Schedule My Groom becomes aware that one of its Customers has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the Customer's account.

We make it easy for you to report suspected copyright infringement. If you believe that anything on the the website infringes a copyright that you own or control, please contact Us:

Online: www.schedulemygroom.com/contact

Email: support@schedulemygroom.com

Phone: 619-354-3769

Mailing Address:

Schedule My Groom, LLC

2108 N St.

STE N

Sacramento, CA 95816

If you file a notice by mail with Us, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means the notice must:

Contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner;

Identify the copyrighted work claimed to have been infringed;

Identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to let us locate the material;

Provide your contact information, including your address, telephone number, and an email address;

Provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

Provide a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Exhibit A – Mobile App EULA

The terms of this Exhibit A (“EULA”) supplement the Agreement and apply only if Customer access or uses the Mobile App.

1. LICENSE. Subject to the terms and conditions of the Agreement, Schedule My Groom grants each authorized user of Customer, during the term of this Agreement, a non-exclusive, non-sublicensable, non-transferable, revocable license to install and use one copy of the Mobile App in object code form only on a single personal device solely to use the Schedule My Groom Technology in accordance with the terms of the Agreement. Any Schedule My Groom software that updates, supplements or replaces the original Mobile App is governed by this Agreement unless separate license terms accompany such update, supplement or replacement, in which case such separate terms will govern in the event of a conflict with this Agreement or as otherwise provided in such separate terms.

2. LEGAL COMPLIANCE; EXPORT RESTRICTIONS. The Mobile App is subject to applicable United States export laws and regulations. Customer must comply with all applicable laws and regulations, including without limitation all applicable United States and international export laws and regulations, with respect to the Mobile App and related technology. Without limitation, Customer may not export, re-export or otherwise transfer the Mobile App or related technology, without a United States government license: (i) to any person or entity on any United States export control list; (ii) to any country subject to a United States sanctions; or (iii) for any prohibited end use.

3. U.S. GOVERNMENT LICENSE RIGHTS. If acquired by any agency of the United States government, such agency acknowledges that (i) the Mobile App constitutes “commercial computer software” or “commercial computer software documentation” for purposes of 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-3, as applicable, and (ii) such agency’s rights are limited to those specifically granted pursuant to this Agreement.

4. ACCESS TO DEVICE. The Mobile App will transmit certain data to Schedule My Groom and its licensors and suppliers about or relating to the device in which it is installed, including information about Customer’s and its users’ access and use of the Mobile App. The information collected will be deemed User Data under the Agreement and subject to applicable terms therein.

5. ADDITIONAL TERMS APPLICABLE TO APPLE DEVICES. The following terms apply if Customer or any authorized user of Customer is installing, accessing or using the Mobile App on any device that contains Apple Inc.’s (“Apple”) iOS mobile operating system.

Acknowledgement. Customer and Schedule My Groom acknowledge that the Agreement is concluded solely between Customer and Schedule My Groom, and not with Apple, and Schedule My Groom, not Apple, is solely responsible for the Mobile App and the content thereof. Customer further acknowledges that the usage rules for the Mobile App are subject to any additional restrictions set forth in the Usage Rules for the Apple App Store Terms of Service as of the date Customer downloads the Mobile App, and in the event of any conflict, the Usage Rules in the App Store will govern if they are more restrictive. Customer acknowledges and agrees that Customer has had the opportunity to review the Usage Rules.
Scope of License. The license granted to Customer is limited to a non-transferable license to use the Mobile App on any iPhone or iPad that Customer or its authorized users own or control as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.
Maintenance and Support. Customer and Schedule My Groom acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Mobile App.
Warranty. Customer acknowledges that Apple is not responsible for any product warranties, whether expressed or implied by law, with respect to the Mobile App. In the event of any failure of the Mobile App to conform to any applicable warranty, Customer may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the App by Customer; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. The parties acknowledge that to the extent that there are any applicable warranties, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty would be the sole responsibility of Schedule My Groom.
Product Claims. Customer and Schedule My Groom acknowledge that as between Apple and Schedule My Groom, Schedule My Groom, not Apple, is responsible for addressing any claims relating to the Mobile App or Customer’s possession and use of the Mobile App, including, but not limited to: (i) product liability claims; (ii) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Intellectual Property Rights. The parties acknowledge that, in the event of any third-party claim that the Mobile App or Customer’s possession and use of the Mobile App infringe that third party’s intellectual property rights, Schedule My Groom, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under the Agreement.
Legal Compliance. Customer represents and warrants that (i) Customer and its authorized users are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) Customer and its authorized users are not listed on any U.S. Government list of prohibited or restricted parties.
Developer Name and Address. Any questions, complaints or claims with respect to the App should be directed to: Schedule My Groom LLC., 2108 N St, STE N, Sacramento CA 95816 or 619-354-3769.
Third-Party Terms of Agreement. Customer agrees to comply with any applicable third-party terms when using the Mobile App.
Third-Party Beneficiary. The parties acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this EULA (but not the entire Agreement), and that, upon Customer’s acceptance of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA (but not the entire Agreement) against Customer as a third-party beneficiary thereof).

Last updated: May 12, 2024