These Terms of Use ("Terms" or "Agreement") are a legal agreement between you and Doable LLC ("Doable," "we," "our," or "us") and govern your use of all text, data, information, software, graphics, calendars, images, and more that we may make available to you (all of which we refer to collectively as "Materials"), including our website, mobile application, and any services, software or other tools that we may provide through our website or mobile application (the "Website," or "Application" and together with the Materials, the "Services").

"Users" are people who have created a Doable account, people who have scheduled a meeting with a Doable account holder, people who visit the Website, and/or people who download the Application. If you are entering into these Terms on behalf of a company or other organization, you hereby represent and warrant that you are authorized to enter into these Terms on behalf of such company or other organization (an "Authorized User"). User or Authorized User may be referred to herein, as "you."

PLEASE READ THESE TERMS CAREFULLY BEFORE BROWSING THE WEBSITE OR DOWNLOADING THE APPLICATION. USING THE SERVICES INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THE SERVICES IF YOU DO NOT ACCEPT THESE TERMS. THESE TERMS CONTAIN A DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, AND INDEMNIFICATION PROVISIONS THAT AFFECT YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO ANY DISPUTE YOU MAY HAVE WITH DOABLE.

Scope.

The Services facilitate the online scheduling of appointments and meetings. You may access and use the Services only in accordance with these Terms. When using the Services, you are subject to any applicable agreements, policies or guidelines that may be posted from time to time. All such agreements, policies or guidelines, including the Privacy Policy, are hereby incorporated by reference into these Terms.

Purpose.

You may use the Services for your individual purposes and not for the purposes of distribution or resale. Subject to these Terms, we grant you a limited, revocable, personal, non-exclusive, and non-transferable right to access and use the Services following the set-up of an account as set forth below. You have no other rights in the Services and shall not use the Services for any purposes beyond the scope of the access granted in this Agreement. User shall not at any time, directly or indirectly, and to the extent User is a company or other organization, shall not permit any Authorized Users to: (a) copy, modify, or create derivative works of the Services or Materials, in whole or in part; (b) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services or Materials; (c) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Services, in whole or in part; (d) remove any proprietary notices from the Services or Materials; or (e) knowingly use the Services or Materials in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.

Subject to these Terms, we also grant you a limited, revocable, personal, non-exclusive, non-transferable subscription to access and use the Application.

Our Services are not intended for and may not be used by individuals under eighteen (18) years of age. By registering for an account, you state that you are at least eighteen (18) years of age, and you are responsible for ensuring that all Users with whom you engage in connection with the Services are at least eighteen (18) years old. Creating an account with false information is a violation of these Terms, including creating an account on behalf of others or persons under the age of eighteen (18).

Account Setup.

To use the Services, you need to set up a Doable account. Doable reserves the right to terminate any account that Doable believes breaches these Terms in its sole and absolute discretion and any accounts that have been inactive for over six (6) months.

When you create an account, we collect registration-related information, which includes your email address and your name. 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 email detailing how to complete your registration. For so long as you use the account, you agree to provide true, accurate, current, and complete information that can be accomplished by logging into your account and making relevant changes directly. You are responsible for complying with these Terms when you access the Services, whether directly or through any account that you may set up through the Services. Because it is your account, it is your job to obtain and maintain all equipment and services needed for access to and use of the Services as well as paying related charges. You agree to choose a strong and secure password and maintain the confidentiality of your password, including any password of a third-party site that we may allow you to use to access the Services. Should you believe your password or security for the Services has been breached in any way, you must immediately notify us.

Subscription Period and Subscription Fees.

You agree to pay all applicable fees related to your use of the Services, 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 subscription and utilized services. The subscription period for accounts can be month-to-month, yearly, or another duration as described on our pricing page.

Accounts are subject to fees based upon the account type that you have selected. All payments are non-refundable. To the extent that payment mechanisms are provided through third parties, you agree that Doable will have no liability to you arising out of the acts or omissions of such third parties. If applicable, you agree to maintain current billing information with Doable.

BY CREATING AN ACCOUNT, YOU CONSENT TO ALLOW DOABLE TO CHARGE YOUR PAYMENT METHOD, EITHER DIRECTLY OR THROUGH ITS PAYMENT PROCESSORS, FOR THE AMOUNTS DUE FOR YOUR INITIAL SUBSCRIPTION PERIOD AND FOR ANY ADDITIONAL SUBSCRIPTION PERIODS UNTIL YOUR ACCOUNT IS CANCELED OR TERMINATED.

Notices and Messages.

By using the Services, you consent to receive emails and in-Application notifications from us. These emails and notifications may include notices about applicable fees and charges, transactional information, and other information concerning or related to the Services. These emails and notifications are part of your relationship with us. By scheduling an appointment with a User, you consent to receiving transactional emails related to the scheduled appointment (for example, booking confirmations and reminders). If you provide your phone number for text notifications, you also consent to receive SMS notifications from Doable related to the scheduled appointment.

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. You agree to keep your contact information up to date, and to monitor your email settings to ensure that you receive emails from us.

Legal Compliance.

You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Services. Doable reserves the right to investigate complaints or reported violations of these Terms and to take any action we deem appropriate, including but not limited to canceling your User account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties, and disclosing any information necessary or appropriate to such persons or entities relating to your profile, account, e-mail addresses, usage history, posted materials, IP addresses, and traffic information. You agree to promptly notify Doable in the event that you are made aware of any unauthorized or illegal use of the Services.

Ownership of Intellectual Property.

The Services, including, without limitation, the Website, Application, Materials, and any updates, modifications or improvements to the Services, shall be owned exclusively by Doable. User shall have no rights in the Services except as explicitly stated in this Agreement. Elements of the Services and Materials are protected by copyright, trademark, and other intellectual and industrial property laws and may not be used, copied or imitated in whole or in part except as provided in this Agreement. No Materials may be copied or retransmitted unless expressly permitted by Doable or this Agreement.

Any unauthorized use of the Services shall be void and may result in immediate and automatic termination of an account, at the option of Doable. Doable reserves the right to seek all remedies under applicable law for unauthorized use or copyright infringement. All rights not expressly included in the limited rights granted to User herein are reserved to Doable.

Links to Third Party Services and Sites.

The Services may contain links to or enable access to third party information, services and websites controlled by parties other than Doable. Doable is not responsible for and does not endorse or accept any responsibility for the content or use of these third party information, services and websites or any transactions completed through such sites. Doable is providing these links or access only as a convenience, and the inclusion of any link or access does not imply endorsement by Doable of the linked website or third party information or service.

Use of Materials.

All Materials are provided either by Doable or by its third party agents, authors, developers, licensors, and vendors (collectively, "Third Party Providers") and are the copyrighted work of Doable and/or its Third Party Providers. Materials provided by Third Party Providers that are made available by the Services have not been independently reviewed, tested, certified, or authenticated in whole or in part by Doable and Doable is not responsible for such Materials. Trademarks, service marks, graphics, and logos that appear in the Services may be the trademarks of their respective owners. User is granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks is prohibited. As used herein, the term "Materials" shall not include the Data (as defined below) provided by and generated by Users as referenced below.

Services Use Restrictions.

User shall not: (a) modify, adapt, translate, reverse engineer, decompile, disassemble, derive source code, create derivative work based on, or copy the Services or the accompanying documentation; (b) rent, sublicense, loan, transfer, provide, display, distribute or grant any rights in the Services in any form; (c) use the Services for any purpose other than to support User's permitted use; (d) use any third party computer software or Materials provided with or incorporated in the Services as stand-alone applications; (e) remove any proprietary notices, labels or marks in or on the Services or the Materials; or (f) use, copy, modify or transfer the Services or the Materials or any copy, in whole or in part, except as expressly provided in this Agreement.

User Data.

User shall be responsible for all information, data, images, sounds, photographs, graphics, videos, messages, software, or other materials, whether publicly posted or privately transmitted (collectively, "Data") that User uploads, posts, emails, uses or transmits via the Services. Doable shall not control the Data posted via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Data. Under no circumstances shall Doable be liable in any way for any Data, including for any errors or omissions in any Data, or for any loss or damage of any kind incurred as a result of the use or loss of any Data posted, emailed or otherwise transmitted via the Services.

User Conduct.

No User shall use the Services to: (a) upload, post, email or otherwise transmit any Data that (i) is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, (ii) User does not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of contractual relationships or under nondisclosure agreements), or (iii) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (b) harm minors in any way; (c) knowingly upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (d) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation in violation of applicable laws, including, without limitation, the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (the CAN–SPAM Act), as amended; (e) interfere with or disrupt the Services or servers, applications or networks connected to the Services or disobey the requirements, procedures, policies or regulations of networks connected to the Services; (f) violate any applicable local, state, national or international law; or (g) attempt to gain unauthorized access to the Services, or other computer systems, servers, applications or networks connected to the Services or any portion thereof.

In addition, User shall not use the names of Doable or any Third Party Provider to promote any business or services in any manner, including in the sending of unsolicited email without the prior written consent of Doable and/or the applicable Third Party Provider, which may be withheld in Doable's or the applicable Third Party Provider's sole discretion. Notwithstanding the foregoing, User may advertise or promote in a reasonable manner that it uses the Services, provided that such advertising or promotion at no times disparages the Services or Doable.

Additional Application Terms.

This Agreement incorporates by reference the Licensed Application End User License Agreement (the "LAEULA") published by Apple, Inc. In addition, this Agreement also incorporates by reference any other manufacturer licensed application end user license agreement applicable to these Terms or the Services (the "MAEULA"). If any terms of this Agreement conflict with the terms of the LAEULA or any other MAEULA, the terms of this Agreement shall control.

Termination.

In the event that User breaches, or any person or entity acting on User's behalf breaches, including any Authorized User, any of the terms of this Agreement, including, without limitation, the failure to make any required payments on a timely basis, Doable may, (a) suspend User's access to the Services without notice, or (b) immediately terminate this Agreement (and the limited rights granted to User herein), without any obligation to refund any fees or charges that User paid in advance, or (c) both (a) and (b). In the event of a suspension of User's access to the Services or termination of this Agreement because of User's breach, User will continue to be responsible for the payment of all fees and charges pursuant to this Agreement through the last day of the applicable subscription term. This Agreement (and the limited rights granted to User herein) shall terminate automatically, without the giving of notice, in the event that either party shall become insolvent, shall ask its creditors for a moratorium, shall file a voluntary petition in bankruptcy, shall be adjudicated as a bankrupt pursuant to an involuntary petition, or shall suffer appointment of a temporary or permanent receiver, trustee, or custodian for all or a substantial part of its assets. Doable further reserves the right to terminate this Agreement for any or no reason upon delivery of written notice to User. Upon any termination of this Agreement, User must immediately cease using the Services, and all of the rights granted to User hereunder shall immediately cease.

DISCLAIMER OF WARRANTIES.

USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE SERVICES IS AT USER'S SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH USER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND DOABLE AND THE THIRD PARTY PROVIDERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. DOABLE AND THE THIRD PARTY PROVIDERS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE MATERIALS. USER ASSUMES ALL RISK OF DAMAGE AND LOSS RESULTING FROM USE OF THE SERVICES AND THE MATERIALS AND USER ASSUMES ALL RESPONSIBILITY FOR DETERMINING WHETHER THE SERVICES AND MATERIALS ARE ACCURATE OR SUFFICIENT FOR USER'S PURPOSES. DOABLE AND THE THIRD PARTY PROVIDERS DO NOT WARRANT AGAINST INTERFERENCE WITH USER'S ENJOYMENT OF THE SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE SERVICES WILL MEET USER'S REQUIREMENTS, THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE SERVICES WILL OPERATE OR BE USABLE IN COMBINATION WITH OTHER HARDWARE OR SOFTWARE, SYSTEMS OR DATA, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DOABLE, THE THIRD PARTY PROVIDERS OR THEIR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY.

LIMITATION OF LIABILITY.

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL DOABLE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, PUNITIVE, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO USER'S USE OR INABILITY TO USE THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF DOABLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall Doable's total liability to User for all damages exceed the amount of one (1) month of subscription fees paid by User to Doable. User acknowledges and agrees that Doable would not enter into this Agreement for the consideration given by User but for the limitations of liability and damages contained in this Section and the other consideration given by User for the limited rights to use the Services constitute a bargain that is fair and reasonable.

Indemnification.

User shall indemnify, defend, and hold harmless Doable and its members, managers, subsidiaries, affiliates, officers, employees, agents, and contractors (individually, a "Doable Indemnified Party" and collectively, the "Doable Indemnified Parties") from and against any and all claims, losses, liabilities, damages, expenses, attorneys' fees, and costs incurred by any Doable Indemnified Party in connection with (a) the violation or infringement of a U.S. patent, copyright, trademark, or trade secret of any third party resulting from the User's Data or trademarks, or the use of the User's Data or trademarks, (b) User's breach of any representation, warranty, or covenant contained in this Agreement, (c) User's violation of any laws, regulations, or ordinances, (d) User's negligence, error, omission, willful misconduct, or use of the Services, except to the extent due to Doable's gross negligence or willful misconduct, (e) User's Data or any other third party information placed on User's devices by User or its Authorized Users or used by User or its Authorized Users, or (f) any claim by a third party that Doable, due to User's or its Authorized Users' use of the Services, is liable to a third party in tort, statutory liability, or for contributory infringement of a copyright, patent, trade secret, or other proprietary right of a third party.

Updates and Upgrades.

Provided that User has not breached any of the terms in this Agreement, Doable may provide updates to the Services from time-to-time (the "Updates"). The Updates may include new editions or versions of the Services. Any updates to the Services shall be considered part of the Services for purposes of this Agreement. Doable may also from time-to-time make available additional functionality and options to the Services, which may be available to User for an additional fee.

Taxes.

User shall be responsible for any taxes, including, without limitation, sales, use, receipts, excise, occupations, and similar taxes imposed by any federal, state, municipal or other governmental agency for the Services or the use of the Services (other than taxes on the income of Doable), and User shall pay such taxes and indemnify and hold Doable harmless from any claims, assessments or demands for payment of such taxes, and any interest and penalties thereon.

General.

This Agreement may not be assigned by either party without the prior written consent of the other party, except in connection with the sale of all or substantially all of the assets or ownership interests of the party making the assignment. This Agreement shall be governed by the laws of the State of California, without regard to the conflict-of-laws provisions of such state. The parties hereby irrevocably submit to the exclusive jurisdiction of the courts of the State of California and any United States District Court situated in the State of California for the purpose of construing and enforcing this Agreement. The parties agree and acknowledge that Doable is an independent contractor of User and this Agreement shall not be deemed to create a partnership or joint venture. Doable may advertise or otherwise promote or divulge in any reasonable manner in its marketing efforts that User is a customer of Doable. Should a dispute between the parties arise in connection with this Agreement, the prevailing party shall be entitled to recover attorneys' fees in addition to any other recovery to which such party may be entitled. All notices given under this Agreement shall be in writing. Failure by a party to require performance by the other party or to claim a breach shall not be construed as a waiver of any right. All waivers must be in writing and signed by an authorized representative of the party making the waiver. This Agreement is the entire agreement between the parties and supersedes and terminates all prior agreements. Doable's obligations shall be excused without liability when prevented by strike, act of God, disease, pandemic, governmental action, accident, act of war, act of terrorism or any other condition beyond its reasonable control.

Contact.

If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at info@doable.net.