Setster Terms of Service
Effective: May 25, 2018
By creating an account and signing up for the Setster services or any of the
services of Setster Inc. ("Setster") you are agreeing to be bound by the following terms and
conditions ("Terms of Service"). The services offered by Setster under the Terms of Service include
various products and services to help you and your Clients or Users book appointments. Any such services
offered by Setster are referred to in these Terms of Services as the "Services". Any new features
or tools which are added to the current Services shall be also subject to the Terms of Service.
Setster reserves the right to update and change the Terms of Service by posting updates and changes to the Setster website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you. You can review the current version of the Terms of Service at any time at www.setster.com/legal.
1. Account Terms
- 1.1. You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
- 1.2. To access and use the Services, you must register for a Setster account ("Account") by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. Setster may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
- 1.3. You acknowledge that Setster will use the email address you provide as the primary method for communication ("Account Owner Email").
- 1.4. You are responsible for keeping your password secure. Setster cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
- 1.5. You warrant that you’re responsible for any additional users ("Users") created within your Account with access to your account, and any Users created within your account fall under these Terms of Service as a whole.
- 1.6. You warrant that your personal login, and personal logins of all Users with access to your Account, represent and are used only by one person each. You may not use one login for several different people.
- 1.7. You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account ("Materials").
- 1.8. A breach or violation of any term in the Terms of Service, including the Setster Acceptable Use Policy, as determined in the sole discretion of Setster will result in an immediate termination of your services.
2. Account Activation
- 2.1. Subject to section 2.2, the person signing up for the Service will be the contracting party ("Account Owner") for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding accounts we may provide to the Account Owner in connection with the Service.
- 2.2. If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.
3. General Conditions
- 3.1. Technical support is only provided to paying Account holders and is only available via email or the support portal provided.
- 3.2. The Terms of Service shall be governed by the laws of the State of California and the validity, interpretation and effect shall be governed by the laws of California applicable to contracts executed and performed wholly therein. The Federal and State courts within California shall have exclusive jurisdiction to adjudicate any dispute arising out of this Agreement. Each party hereto expressly consents to the personal jurisdiction of, and venue in, such courts. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
- 3.3. You acknowledge and agree that Setster may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on Setster’s website, and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to Setster’s website constitutes your agreement to, and acceptance of the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
- 3.4. You may not use the Setster service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your Client’s jurisdiction, or the laws of USA and the State of California. You will comply with all applicable laws, rules and regulations in your use of the Service.
- 3.5. You acknowledge that the Service is licensed to you and that Setster retains ownership of all right, title and interest to the Service, the Service design and documentation, and the intellectual property rights therein (including without limitation, all patent rights, design rights, copyrights and trade secret rights). You agree not to (i) copy, modify, or reverse engineer the Service hardware, software, or design, make derivative works based upon the Service, or use the Service to develop any Services, without Setster's prior written approval or (ii) sell, license, rent, or transfer the Service to any third party. Setster shall own all right, title and interest, including all related intellectual property rights, for suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service.
- 3.6. You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Setster or Setster trademarks and/or variations and misspellings thereof.
- 3.7. You understand that your Materials, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- 3.9. The Terms of Service is not available in languages other than English.
4. Setster Rights
- 4.1. We reserve the right to modify or terminate the Service for any reason, without notice at any time.
- 4.2. We reserve the right to refuse service to anyone for any reason at any time.
- 4.3. We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via an Account, or the Materials uploaded or posted to an Account, violate our Acceptable Use Policy or these Terms of Service.
- 4.4. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Setster customer, Setster employee, member, or officer will result in immediate Account termination.
- 4.5. Setster does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service.
- 4.6. We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Setster employees and contractors may also be Setster customers and that they may compete with you, although they may not use your confidential information in doing so.
- 4.7. In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
- 4.8. Setster retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, Setster reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
5. Limitation of Liability
- 5.1. You expressly understand and agree that Setster shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
- 5.2. In no event shall Setster or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Setster partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference (including the Acceptable Use Policy), or your violation of any law or the rights of a third party.
- 5.3. Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis without any warranty or condition, express, implied or statutory.
- 5.4. Setster does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
- 5.5. Setster does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
- 5.6. Setster does not warrant that the quality of any products, services, information, or other materials purchased or used by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
- 5.7. Setster is not responsible for any incorrect or inaccurate content posted
on the Setster website or Service. The Site or Service may be temporarily unavailable from time to time
for maintenance or other reasons. Setster assumes no responsibility for any error, omission,
interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or
destruction or unauthorized access to, or alteration of, user communications. Setster is not responsible
for any problems or technical malfunction of any telephone network or lines, computer online systems,
servers or providers, computer equipment, software, failure of email or players on account of technical
problems or traffic congestion on the Site or Service, including injury or damage to users or to any
other person's computer related to or resulting from use of the Service.
6. Waiver and Complete Agreement
The failure of Setster to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service and the documents it incorporates by reference constitute the entire agreement between you and Setster and govern your use of the Service, superseding any prior agreements between you and Setster (including, but not limited to, any prior versions of the Terms of Service).
7. Intellectual Property and Customer Content
- 7.1. We do not claim any intellectual property rights over the Materials you provide to the Setster service. All Materials you upload remains yours. You can remove your Setster booking capability at any time by deleting your Account.
- 7.2. By uploading Materials, you agree: (a) to allow other internet users to view the Materials you post publicly to your booking page; (b) to allow Setster to store, and post publicly, display, your Materials; and (c) that Setster can, at any time, review all the Materials submitted to its Service, although Setster is not obligated to do so.
- 7.3. You retain ownership over all Materials that you upload to a Setster account; however, by uploading Materials, you agree to allow others to view these Materials. You are responsible for compliance of the Materials with any applicable laws or regulations.
- 7.4. Setster shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your account to promote the Service.
- 7.5. We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
8. Payment of Fees
- 8.1. You will pay the Fees applicable to your subscription to the Services ("Subscription Fees") and any other applicable fees, collectively referred to as ("Fees") .
- 8.2. You must keep a valid credit card on file with us to pay for all incurred and recurring Fees. Setster will charge applicable Fees to the credit card account that you authorize ("Authorized Card"), and Setster will continue to charge the Authorized Card (or any replacement card) for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency.
- 8.3. Subscription Fees are paid in advance and will be billed in 30 day or 365 day intervals (each such date, a "Billing Date"). Additional Fees can be charged periodically for specific requests made by the Account Owner. You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Subscription Fees will appear on an invoice on the subscription page of your Setster administration console. You have two weeks to bring up and settle any issues with the billing of Subscription Fees.
- 8.4. If we are not able to process payment of Subscription Fees using the Authorized Card, we will make a second attempt to process payment using the Authorized Card 5 days later. If the second attempt is not successful, we will make a final attempt 5 days following the second attempt. If our final attempt is not successful, we may suspend and revoke access to your Account. Your Account will be reactivated upon your payment of any outstanding Fees, plus the Fees applicable to your next Billing Cycle. You may not be able to access your Account during any period of suspension. If the outstanding Fees remain unpaid for 30 days following the date of suspension, Setster reserves the right to terminate your Account.
- 8.5. All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future ("Taxes").
- 8.6. You are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of Setster’s products and services.
- 8.7. Setster does not provide refunds.
- 8.8. Downgrading your Service plan may cause the loss of content, features, or capacity of your Account. Setster does not accept any liability for such loss. Prorated Fees will not be reversed for downgraded accounts.
- 8.9. Upgrading your Service plan may cause additional Fees and will be charged on the Authorized Card.
9. Account Cancellation and Termination
- 9.1. You may cancel your Account at any time by emailing email@example.com and then following the specific instructions indicated to you in Setster’s response.
- 9.2. A request to Setster to cancel your account does not constitute a cancellation, and Setster is not responsible for additional charges that may occur if you do not cancel your account properly as described to you in Setster’s response to your cancellation request.
- 9.3. Upon termination of the Services by either party for any reason:
- 9.3.1. Setster will cease providing you with the Services and you will no longer be able to access your Account;
- 9.3.2. unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
- 9.3.3. any outstanding balance owed to Setster for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
- 9.3.4. your account will be taken offline.
- 9.4. If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
- 9.5. We reserve the right to modify or terminate the Setster Service or your Account for any reason, without notice at any time.
- 9.6. Fraud: Without limiting any other remedies, Setster may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the account.
- 9.7. Upon canceling your account, all data you entered into the Service on that account may be immediately deleted from the Service. Canceling an account is an irreversible process and the data may not be recovered. You are responsible of copying such data needed prior to Account termination.
- 9.8. Setster may terminate any free Account at its sole discretion. Setster may
also terminate your free Account if it has been inactive for a period of 30 days. The account will be
considered "inactive" if you or any Users of your account do not use the Service.
10. Modifications to the Service and Subscription Prices
- 10.1. Prices for using the Services are subject to change upon 30 days notice from Setster. Such notice may be provided at any time by posting the changes to the Setster Site (setster.com) or by email to the Account Owner.
- 10.2. Setster reserves the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with or without notice.
- 10.3. Setster shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
- 10.4. If your bandwidth usage on the Service significantly exceeds the average bandwidth usage of the Service, as determined by Setster, we reserve the right to limit your bandwidth to the Service and/or recommend the upgrade to a more adequate license offering for the Service.
11. Third Party Applications
- 11.1. Setster may from time to time recommend, provide you with access to, or enable third party software, applications, products, services or website links (collectively, "Third Party Applications") for your consideration or use. Such Third Party Applications are made available only as a convenience, and your purchase, access or use of any such Third Party Applications is solely between you and the applicable Third Party Applications provider ("Third Party Provider"). Any use by you of Third Party Applications offered through the Services or Setster’s website is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Applications before using them. In some instances, Setster may receive a revenue share from Third Party Providers that Setster recommends to you.
- 11.2. In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to Third Party Applications you purchase from, or that are provided by Setster.
- 11.3. We do not provide any warranties with respect to Third Party Applications. You acknowledge that Setster has no control over Third Party Applications and shall not be responsible or liable to anyone for such Third Party Applications. The availability of Third Party Applications on Setster’s websites, or the integration or enabling of such Third Party Applications with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Setster. Setster does not guarantee the availability of Third Party Applications and you acknowledge that Setster may disable access to any Third Party Applications at any time in its sole discretion and without notice to you. Setster is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third Party Application. Setster strongly recommends that you seek specialist advice before using or relying on Third Party Applications, to ensure they will meet your needs.
- 11.4. If you install or enable a Third Party Application for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data and to take any other actions as required for the interoperation of the Third Party Application with the Services, and any exchange of data or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. Setster is not responsible for any disclosure, modification or deletion of your data or other Materials, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Application or a Third Party Provider to your data or other Materials.
- 11.5. Under no circumstances shall Setster be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Applications or your contractual relationship with any Third Party Provider. These limitations shall apply even if Setster has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
- 11.6. You understand that Setster uses Suppliers that provide the necessary hardware, software, networking, storage, and other technology required to run the Service.
- 11.7. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Setster partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third Party Application or your relationship with a Third Party Provider.
12. DMCA Notice and Takedown Procedure
Setster supports the protection of intellectual property and asks Setster Customers to do the same. It’s our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our Customers is infringing their intellectual property rights, they can send a DMCA Notice to Setster using our addresses below. Upon receipt of Notice Setster will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Site.
13. Privacy & Data Protection
8391 Beverly Blvd.
Los Angeles, CA 90048