We refer to Harmonizely.com. collectively as “Harmonizely” or “we” throughout this agreement.
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by Harmonizely, acceptance is expressly limited to these Terms.
1. GENERAL USE
Harmonizely’s platform facilitates online scheduling of meetings. You may access and use the Platform in accordance with these Terms. Please note that these Terms govern your use of the Platform, including, but not limited to, the process through which your users schedule appointments with you.
Our Services are not directed to children. Access to and use of our Services is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older (16 years or older in the European Union).
2. UNAUTHORIZED ACTIVITIES
To be clear, we authorize your use of this Website only for Permitted Purposes. Any other use of this Website beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use of this Website. This is because as between you and us, all rights in this Website remain our property.
Unauthorized use of this Website may result in violation of various Polish and international copyright laws. Because we prefer keeping this relationship drama-free, we want to give you examples of things to avoid. So, unless you have written permission from us stating otherwise, you are not authorized to use this Website in any of the following ways (these are examples only and the list below is not a complete list of everything that you are not permitted to do):
- In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of this Website;
- In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
- To stalk, harass, or harm another individual;
- To impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
- To interfere with or disrupt this Website or servers or networks connected to this Website;
- To use any data mining, robots, or similar data gathering or extraction methods in connection with this Website; or
- Attempt to gain unauthorized access to any portion of this Website or any other accounts, computer systems, or networks connected to this Website, whether through hacking, password mining, or any other means.
To use the Platform, you need to set up a Harmonizely account. You may establish either a free account (“Free Account”) or a paid account (“Pro Account”). You are authorized by Harmonizely to set up one Free Account only. Harmonizely reserves the right to terminate any additional Free Accounts set up by you and any Free Accounts that have been inactive over 6 months.
When you create an account, we collect registration-related information such as first name, last name and e-mail. Once you submit the required registration information, we alone will determine whether or not to approve your proposed account. If approved, you will be sent an e-mail detailing how to complete your registration. For so long as you use the account, you agree to provide true, accurate, current, and complete information which can be accomplished by logging into your account and making relevant changes directly. You are responsible for complying with these Terms when you access this Website, whether directly or through any account that you may setup through or on this Website. Because it is your account, it is your job to obtain and maintain all equipment and services needed for access to and use of this Website as well as paying related charges. It is also your responsibility to maintain the confidentiality of your password(s), including any password of a third-party site that we may allow you to use to access this Website. Should you believe your password or security for this website has been breached in any way, you must immediately notify us.
4. SUBSCRIPTION PERIOD AND SUBSCRIPTION FEES
You agree to pay all applicable fees related to your use of this Website and the Platform which are described fully on our pricing page. By providing a payment method, you expressly authorize us to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto at regular intervals, all of which depend on your particular membership and utilized services.
The subscription period for Pro Account can be month-to-month or yearly, described more fully on our pricing page.
Pro Account is subject to fees based upon the account type you've selected. For renewals, Harmonizely will automatically charge your credit card the amount of the then-current fee for your type of account, plus applicable taxes. All payments are non-refundable. To the extent that payment mechanisms are provided through third parties, you agree that Harmonizely will have no liability to you arising out of the acts or omissions of such third parties.
Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns.
If your payment fails or Pro Account is otherwise not paid for on time, we may immediately cancel or revoke your access to the Pro Account. If you contact your bank or credit card company to decline or reverse the charge of fees for Pro Account, we may revoke your access to our Services in general.
We may change our fees at any time. When applicable, we may give you advance notice of the fee changes. If you don't agree with the fee changes, you can cancel your Paid Service.
BY CREATING A PRO ACCOUNT, YOU CONSENT TO ALLOW HARMONIZELY TO CHARGE YOUR CREDIT CARD, EITHER DIRECTLY OR THROUGH ITS PAYMENT PROCESSORS, FOR THE AMOUNTS DUE FOR YOUR INITIAL SUBSCRIPTION PERIOD AND FOR ADDITIONAL SUBSCRIPTION PERIODS UNTIL YOUR ACCOUNT IS CANCELED OR TERMINATED.
Pro Accounts will automatically renew for the same Subscription Period unless you cancel the account by the end of the then-current Subscription Period. You can cancel your account at any time by contacting customer service at [email protected] Cancellation will be effective immediately. Please note that after you cancel your account, you will not be able to use or access the Platform and you will not be entitled to a refund of any fees that you've paid.
While you may cancel a Pro Account at any time, refunds are issued in our sole discretion.
6. Third Party Services
You may enable services, integrations (like Zapier integration)(“Third Party Services”) on your site.
If you use any Third Party Services, you understand that:
- Third Party Services are not vetted, endorsed, or controlled by Harmonizely.
- Any use of a Third Party Service is at your own risk, and we shall not be responsible or liable to anyone for Third Party Services.
- Your use is solely between you and the respective third party (“Third Party”) and will be governed by the Third Party’s terms and policies. It is your responsibility to review the Third Party’s terms and policies before using a Third Party Service.
- Third Party Services may not work appropriately, and we may not be able to provide support for issues caused by any Third Party Services.
- If you have questions or concerns about how a Third Party Service operates, or need support, please contact the Third Party directly.
In rare cases, we may at our discretion, suspend, disable, or remove Third Party Services from your account or website.
Our Website may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. Harmonizely has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.
8. INTELLECTUAL PROPERTY
This Agreement does not transfer from Harmonizely to you any Harmonizely or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Harmonizely. Harmonizely, harmonizely.com, the Harmonizely logo, and all other trademarks, service marks, graphics and logos used in connection with harmonizely.com or our Services, are trademarks of Harmonizely or Harmonizely's licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Harmonizely or third-party trademarks.
9. ELECTRONIC COMMUNICATIONS
By using the Website, you consent to receiving electronic communications from us. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to this Website. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
As a paid User, you give Harmonizely a perpetual world-wide license to use your company's name and/or logos. These assets and logos will be used purely for marketing and sales efforts, such as being displayed on the home page. The User has the right to revoke the license to use logo at any time in its sole discretion.
11. LEGAL COMPLIANCE
12. GOVERNING LAW
These terms and conditions are governed by and construed in accordance with the laws of Poland and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
13. DISPUTE RESOLUTION AND ARBITRATION
This provision facilitates the prompt and efficient resolution of any dispute (with the exception of the enforceability of the Class Action Waiver clause below) that may arise between you and us. Effectively, then, “dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to you (such as our licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.
This provision provides that all disputes between you and us will be resolved by binding arbitration because acceptance of these Terms constitutes a waiver of your right to litigation claims and all opportunity to be heard by a judge or jury. We prefer this because we believe arbitration is far more adequate than litigation. To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees). You may, however, opt-out of this provision which means you would have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions).
YOU AND HARMONIZELY AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
14. CONTACT INFORMATION
If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at [email protected]