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By accessing and using this service, you accept and agree to be bound by the terms and provision of this agreement. These Terms of Service ("Terms") govern your use of our scheduling and booking platform service ("Service") operated by H.R. Solomon IT Consulting LLC, doing business as PurpleCal ("we," "us," or "our").
Our Service provides online scheduling and booking management tools that allow businesses and professionals to manage appointments, availability, and customer bookings. The Service includes features such as calendar management, booking confirmations, customer notifications, and payment processing.
To use our Service, you must create an account and provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account.
You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:
Where your plan includes marketing email, you may send campaigns to contacts you have collected through the Service or imported into it. This section governs that use and applies in addition to Section 4.
Your permission to email. You represent and warrant that every recipient of a campaign has given you permission to send them marketing email, and that you can evidence that permission if asked. You may not send campaigns to addresses obtained from a purchased, rented, scraped, or otherwise third-party-sourced list, or to addresses collected for a different purpose.
Your compliance obligations. You are responsible for complying with the laws that apply to your marketing email, including the CAN-SPAM Act, Canada’s Anti-Spam Legislation, and the UK and EU General Data Protection Regulation and related rules, as applicable to you and your recipients. You are the sender of your campaigns for these purposes. You must keep the postal address and reply-to address associated with your campaigns accurate and current.
What we do on your behalf. Campaigns are delivered through a third-party email provider using a sending domain shared with other customers. Every campaign includes a working unsubscribe mechanism. A recipient who unsubscribes, whose address permanently rejects mail, or who marks a campaign as spam is suppressed for your account and cannot be re-subscribed by importing them again.
What you may not send. You may not use marketing email to send content that impersonates another person or organisation, that is designed to obtain credentials, payment details, or other sensitive information under false pretences, or that is unlawful, deceptive, or misleading as to its origin or purpose.
Rate controls. Because the sending domain is shared, we apply limits on how much may be sent, and we measure complaint and bounce rates across accounts. We may reduce or pause your sending, automatically and without prior notice, where those rates for your account or across the Service reach a level that puts delivery for other customers at risk. We may also inspect campaign content and recipient lists where necessary to investigate a complaint or a delivery problem.
Credits. Marketing email credits are consumed one per recipient per campaign. Credits included with a plan are granted monthly and do not carry over. Credits purchased separately do not expire and remain associated with your account, including if you move to a plan that cannot send; they become usable again if you return to a plan that can. Where we suspend sending under this section or Section 9a, credits remain associated with your account but cannot be used while the suspension is in effect.
Some features of our Service are provided on a subscription basis. Subscription fees are charged in advance on a recurring basis. By selecting a subscription, you agree to pay the applicable subscription fees. All payments are non-refundable except as expressly stated in these Terms or required by law.
Merchants using our reservation fee, deposit, or full-payment features to collect money from their customers at booking time are solely responsible for:
We facilitate payment processing via Stripe but do not mediate, arbitrate, or assume liability for service delivery or dispute outcomes. Funds collected flow directly to the merchant's Stripe account; chargeback reversals and refunds are debited from that same account. Our platform fee, where applicable, is deducted from the merchant's payout at the rate published on our pricing page; it is not added to the customer's total. Stripe's own processing fee is charged to the merchant's account by Stripe.
Customers paying a reservation fee, deposit, or full payment acknowledge that the transaction is between them and the merchant, and that any refund, rescheduling, or dispute must be resolved with the merchant directly (or, where applicable, via their payment network).
We collect and process personal information in accordance with our Privacy Policy. By using our Service, you consent to such processing and you warrant that all data provided by you is accurate. You retain all rights to your data, and we will not sell or share your data with third parties except as described in our Privacy Policy.
The Service and its original content, features, and functionality are and will remain the exclusive property of our company and its licensors. The Service is protected by copyright, trademark, and other laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service without our prior written consent.
You retain ownership of any content you submit, post, or display on or through the Service ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, publish, and distribute such content in connection with operating and providing the Service.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever including but not limited to a breach of the Terms. Upon termination, your right to use the Service will cease immediately. Sections 7, 8, 11, 12, 14, and 16 survive any termination or suspension of your account.
We may suspend or disable an account, or any part of it, immediately and without prior notice where we determine in good faith that:
As a condition of continued access, we may require you to verify your identity, your business, or your right to sell the services you offer, and may restrict or disable your account until that verification is complete. We may also disable payment collection features — including reservation fees, deposits, and full payments — independently of, and without, suspending the rest of your account.
Where an account is suspended on fraud or risk grounds, we may notify customers who hold upcoming bookings with that account, and we may report the activity to our payment processor or to law enforcement. Funds collected through the Service settle directly into the merchant's own Stripe account; any hold, reversal, or recovery of those funds is governed by that merchant's agreement with Stripe and is outside our control.
Where sending presents a risk to delivery for other customers, we may pause marketing sending for an account, or across the Service, automatically and before any human review. We will tell you when we do, and you may contact support to request a review. We may disable marketing email independently of, and without, suspending the rest of your account.
If you believe your account has been suspended in error, you may contact us at support@purplecal.com to request a review. Nothing in this section limits the rights reserved to us under Section 9.
The information on this Service is provided on an "as is" basis. We disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, secure, or error-free.
In no event shall our company, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of the Service.
You agree to defend, indemnify, and hold harmless our company and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees).
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
These Terms shall be interpreted and governed by the laws of the jurisdiction in which our company is located, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of such rights.
If you have any questions about these Terms of Service, please contact us through the contact information provided on our website.
If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service.