Terms of Service

1. Overview

These Terms of Service ("Terms") govern your use of the ApptOnly platform ("Service"), operated by ApptOnly ("we," "us," or "our"). By creating an account or using our Service, you agree to be bound by these Terms and by our Acceptable Use Policy ("AUP"), which is incorporated by reference.

If you do not agree, do not use the Service.

2. Eligibility

You must be at least 18 years old and legally able to enter into a binding agreement to use this Service. By using ApptOnly, you represent that you meet these requirements. If you are using the Service on behalf of a business, you represent that you have the authority to bind that business to these Terms.

3. Accounts

You are responsible for maintaining the security of your account credentials. You must provide accurate, current information during registration and keep it updated. You are responsible for all activity that occurs under your account. Notify us immediately if you believe your account has been compromised. We reserve the right to suspend or terminate accounts that violate these Terms or the AUP.

4. Practitioner Representations and Warranties

If you create or operate an account as a practitioner offering services through ApptOnly, you represent and warrant, on a continuing basis for as long as your account is active, that:

• (a) You hold all professional licenses, registrations, certifications, and permits required by the laws of every jurisdiction in which you offer services, and the information you provide to ApptOnly about those credentials (including license type, license number, issuing state or country, and expiration) is accurate and current;
• (b) You operate your business in compliance with all applicable federal, state, local, and international laws, including laws governing professional licensure, taxation, employment, health and safety, advertising, anti-discrimination, and the collection and handling of client information;
• (c) You will not use the Service in any manner prohibited by the AUP;
• (d) You have obtained all consents, including from your clients, required to upload and process information through the Service;
• (e) The descriptions of your services, pricing, location, and qualifications are accurate and not misleading; and
• (f) You will promptly update ApptOnly if any of the foregoing ceases to be true, including if a license lapses, is suspended, or is revoked.

A breach of these representations is a material breach of these Terms.

5. Use of the Service

ApptOnly provides scheduling, client management, and payment tools for independent wellness and service professionals. You may use the Service only for lawful purposes consistent with its intended use and the AUP. You retain ownership of all content you upload, including client records, session notes, and business information. By using the Service, you grant us a limited license to store, process, and display your content solely to provide the Service to you.

6. Payments and Billing

Subscription fees are billed in advance on a recurring basis. Payment processing is handled by Stripe; your use of payment features is also subject to Stripe's terms of service. We do not store full credit card numbers on our servers. You may cancel your subscription at any time; access continues until the end of the current billing period. Refunds are handled on a case-by-case basis. We reserve the right to change pricing with 30 days' notice.

7. Health and Wellness Data

ApptOnly may store health-related information that you or your clients provide, including intake form responses, session notes, pressure preferences, and areas of concern. You are responsible for obtaining appropriate consent from your clients before collecting this information. You must comply with all applicable laws and regulations regarding the collection and handling of health-related data in your jurisdiction. We treat health-related data with elevated security measures as described in our Privacy Policy.

8. Intellectual Property

The ApptOnly platform, including its design, code, branding, and documentation, is owned by ApptOnly and protected by intellectual property laws. You may not copy, modify, distribute, or reverse-engineer any part of the Service. Your business content, branding, and client data remain your property.

9. Acceptable Use Policy

Your use of the Service is subject to the Acceptable Use Policy, which is incorporated by reference into these Terms. The AUP includes, without limitation, prohibitions on illegal sexual services, human trafficking, unlicensed practice of regulated professions, fraud, harassment, and circumvention of platform controls. Violation of the AUP is a material breach of these Terms.

10. Suspension and Termination

By you. You may cancel your account at any time through your dashboard settings or by contacting support. Upon termination, we will make your data available for export for 30 days as described in our Privacy Policy.

By us. We may suspend or terminate your account, in our sole discretion and without prior notice, including for any of the following:

• (a) Violation, or reasonable suspicion of violation, of these Terms or the AUP;
• (b) Conduct that creates legal, regulatory, financial, reputational, or safety risk to ApptOnly, our payment processors, our other Users, or the public;
• (c) Lapse, suspension, or revocation of a professional license required for your services;
• (d) Failure to respond to a request for information related to compliance, identity verification, license verification, or an abuse report;
• (e) Direction by a payment processor, regulator, or court order; or
• (f) Any other reason permitted by law.

Consequences of termination for cause. If we suspend or terminate your account for breach of these Terms or the AUP:

• Platform fees previously paid are non-refundable;
• We may pause, hold, or apply pending Stripe Connect payouts toward refunds owed to your clients, chargebacks, platform costs, and amounts otherwise owed to ApptOnly;
• Future bookings on your account may be canceled and clients refunded;
• We may retain account data as required by law, regulation, or for the resolution of disputes; and
• Your obligations under Sections 4 (Representations), 11 (Indemnification), 12 (Disclaimers), 13 (Limitation of Liability), 14 (Cooperation with Law Enforcement), and 16 (Dispute Resolution) survive termination.

11. Indemnification

To the maximum extent permitted by law, you will defend, indemnify, and hold harmless ApptOnly, its officers, directors, employees, contractors, agents, and affiliates (collectively, the "Indemnified Parties") from and against any and all claims, demands, investigations, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• (a) The services you provide to your clients, including any injury, harm, dissatisfaction, malpractice claim, or regulatory action arising from those services;
• (b) Your breach of these Terms, the AUP, or any representation or warranty made under Section 4;
• (c) Your violation of any law, regulation, or third-party right (including intellectual property, privacy, and publicity rights);
• (d) Any content you upload to the Service, including client records, intake forms, photos, and business information;
• (e) Disputes between you and your clients, including refund disputes, chargebacks, and complaints to professional licensing boards; and
• (f) Your use of the Service in violation of these Terms.

ApptOnly reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You will not settle any matter affecting the Indemnified Parties without our prior written consent.

12. Disclaimers

The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade. We do not guarantee that the Service will be uninterrupted, error-free, or secure at all times. ApptOnly is a technology platform and does not provide medical, legal, tax, or financial advice.

You — not ApptOnly — are solely responsible for the services you provide to your clients, the accuracy of your professional credentials, and your compliance with applicable laws.

13. Limitation of Liability

To the maximum extent permitted by law:

• (a) ApptOnly shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenues, business, goodwill, or data, whether incurred directly or indirectly, even if we have been advised of the possibility of such damages;
• (b) Our total aggregate liability for any and all claims arising from or relating to these Terms, the AUP, or the Service shall not exceed the greater of (i) the amount you paid us in the twelve (12) months preceding the event giving rise to the claim or (ii) one hundred U.S. dollars (USD $100); and
• (c) The limitations in this section apply to claims of every kind, whether based in contract, tort (including negligence), strict liability, statute, or any other legal theory.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the limitations above may not apply to you in full.

14. Cooperation with Law Enforcement and Regulators

You acknowledge and agree that ApptOnly may, without prior notice to you, disclose account information, communications, payment records, and other data to law enforcement, regulators, payment processors, courts, or other lawful requesters when we believe in good faith that disclosure is:

• (a) Required by law, subpoena, court order, or other valid legal process;
• (b) Necessary to investigate or prevent fraud, abuse, or violation of the AUP;
• (c) Necessary to protect the rights, property, or safety of ApptOnly, our Users, or the public; or
• (d) Reasonably required to comply with the rules, requests, or investigations of our payment processors, including Stripe.

We may, but are not required to, notify you of such disclosure where permitted by law.

15. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by email or through the Service at least 30 days before they take effect, except where a shorter notice period is necessary to address a legal or safety concern. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

16. Dispute Resolution and Governing Law

Please read this Section carefully. It requires you to resolve most disputes with ApptOnly through individual arbitration rather than in court, and it limits your right to participate in class actions.

(a) Governing law. These Terms, the AUP, and any dispute arising out of or relating to them or to the Service are governed by the laws of the State of California, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

(b) Informal dispute resolution. Before initiating arbitration or any other legal proceeding, you and ApptOnly agree to first attempt to resolve the dispute informally. To begin, send a written notice describing the dispute and the relief you seek to [email protected] (if you are the User) or to the email address on file for your account (if ApptOnly is initiating). The parties will attempt in good faith to resolve the matter for at least sixty (60) days after the notice is received before proceeding to arbitration or court.

(c) Binding individual arbitration. Except for the disputes described in subsections (d) and (e), any dispute, claim, or controversy arising out of or relating to these Terms, the AUP, the Service, or the relationship between you and ApptOnly (collectively, "Disputes") will be resolved exclusively through final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect (or, if the AAA is unavailable, by JAMS under its Streamlined Arbitration Rules). The arbitration will be conducted by a single arbitrator. The seat of the arbitration is San Francisco, California, but you may elect to participate by telephone or video, and any in-person hearing will be held in the U.S. county where you reside or another mutually agreed location. The arbitrator's award is final and may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.

(d) Small-claims carve-out. Either party may bring an individual action in a small-claims court of competent jurisdiction in lieu of arbitration, so long as the action remains in that court and is brought only on an individual (non-class, non-representative) basis.

(e) Injunctive and equitable relief carve-out. Notwithstanding subsection (c), ApptOnly may bring an action in a court of competent jurisdiction to seek injunctive or other equitable relief to protect its intellectual property, to enforce the AUP, or to prevent unauthorized access to or misuse of the Service. Either party may also seek injunctive relief in court in aid of arbitration.

(f) Class-action and jury-trial waiver. YOU AND APPTONLY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate the claims of multiple parties and may not preside over any form of class or representative proceeding. If this class-action waiver is found unenforceable as to a particular claim or remedy, that claim or remedy (and only that claim or remedy) will be severed from arbitration and brought in the courts identified in subsection (h); the remaining claims will continue to be arbitrated. To the extent permitted by law, you and ApptOnly waive any right to a trial by jury in any proceeding arising out of or relating to these Terms.

(g) 30-day right to opt out of arbitration. You may opt out of the arbitration agreement in this Section 16 by sending written notice of your decision to opt out to [email protected] within thirty (30) days after you first accept these Terms. Your notice must include your name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other provision of these Terms, and a timely opt-out is the only way to avoid the arbitration agreement. If you opt out, disputes will be resolved in the courts identified in subsection (h).

(h) Forum for non-arbitrable disputes. For any Dispute that is not subject to arbitration under this Section 16 (including any Dispute brought under subsection (e), or by a User who has timely opted out under subsection (g)), you and ApptOnly submit to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California, and waive any objection to venue in those courts.

(i) Time limit. Any Dispute must be filed within one (1) year after the cause of action arose; otherwise, the Dispute is permanently barred, except where applicable law requires a longer limitations period that may not be shortened by contract.

(j) Severability of this Section. If any portion of this Section 16 (other than the class-action waiver in subsection (f), which is governed by the severability rule stated there) is found to be unenforceable, that portion will be severed and the remainder of this Section 16 will continue in effect.

17. Miscellaneous

These Terms, together with the AUP and Privacy Policy, constitute the entire agreement between you and ApptOnly regarding the Service and supersede any prior agreements. If any provision is held unenforceable, the remaining provisions remain in effect. Our failure to enforce any provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Section headings are for convenience only.

18. Contact

Questions about these Terms: [email protected]

Reports of suspected AUP violations: [email protected]