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Overview
TERMS
DefinitionsCustomer Terms and ConditionsSCOPERESPONSIBILITIESACCOUNT SET-UPFEES
AND PAYMENTTERM & RENEWALSSUSPENSION & TERMINATION; CANCELLATIONTHIRD PARTY
APPLICATIONSFAIR USE; SMSEMBEDDING CALENDLY INTO A WEBSITEAI/MACHINE LEARNING
SUPPLEMENTAL TERMSCONFIDENTIAL INFORMATIONINTELLECTUAL PROPERTYWARRANTY;
DISCLAIMERINDEMNIFICATIONLIMITATION OF LIABILITYDISPUTE RESOLUTION; CLASS ACTION
WAIVER. MISCELLANEOUSInvitee Terms and ConditionsIndustry-Specific Supplemental
Terms and ConditionsCommunity Terms of UseBeta Terms of UseData Processing
Addendum
POLICIES
Contact us
Table of contents
CUSTOMER TERMS AND CONDITIONS
Effective Date: March 8, 2024
If you are a Customer, and do not otherwise have an MSA with Calendly, these
Customer Terms and Conditions (the “Customer Terms”) govern your access and use
of the Services. Please read them carefully as these Customer Terms are a
legally binding contract between you and Calendly. As part of these Customer
Terms, you agree to comply with the most recent version of our Acceptance Use
Policy, Data Processing Addendum and any applicable Order Form which are
incorporated by reference into these Customer Terms. Capitalized terms used
below but not defined in these Customer Terms have the meaning set forth in the
Definitions.
READ THESE CUSTOMER TERMS CAREFULLY BEFORE USING THE SERVICES AS USE OF THE
SERVICES INDICATES THAT YOU HAVE BOTH READ AND ACCEPTED THESE CUSTOMER TERMS.
THESE CUSTOMER TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION,
INCLUDING A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE CUSTOMER
TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH CALENDLY. YOU ACKNOWLEDGE
THAT YOU ARE ENTERING INTO THESE CUSTOMER TERMS VOLUNTARILY AND NOT IN RELIANCE
ON ANY PROMISES OR REPRESENTATIONS WHATSOEVER EXCEPT THOSE CONTAINED IN THE
CUSTOMER TERMS THEMSELVES.
1. SCOPE
1. If you are an individual Customer and registered using your personal
email, you and you alone are entitled to the rights and responsible for
the obligations under these Customer Terms.
2. If you are an individual Customer and acting on behalf of a business
entity (such as your employer, for example using your employer’s email
domain), you hereby represent and warrant that you have obtained any
necessary permissions from such entity and that you have the authority
to bind such entity to these Customer Terms, and that your access to and
use of the Services will not violate any internal policies of such
entity. In such case, “you,” and “your” will refer to that business
entity for purposes of these Customer Terms.
3. If you are an Entity purchasing licenses for your Authorized Users, you
may provision or deprovision access to the Services, manage permissions,
retention and export settings and transfer/assign accounts as described
in the Documentation. As such, you will (a) inform Authorized Users of
all Entity policies and practices relevant to their use of the Services
and of any settings that may impact the processing of Customer Data; and
(b) ensure the collection, transfer, and processing of Customer Data
under the Customer Terms is lawful. If any terms in the
Industry-Specific Supplement (“Industry-Specific Terms”) apply to you
(e.g. Customer is a U.S government entity), those terms are also
incorporated by reference herein and you agree to fully comply with the
applicable Industry-Specific Terms. To the extent any such
Industry-Specific Terms conflict with the terms below, the
Industry-Specific Terms shall take precedence.
4. If you are an Authorized User registered using your Entity email domain
and whose license was purchased and controlled by your Entity, you
acknowledge that your use of the Services is controlled by your Entity,
the Entity is the Customer and therefore entitled to all rights and
responsible for all obligations under the Customer Terms or MSA, and
your Entity may change or remove your access to and use of the Services,
or the Customer Data you have submitted to the Services, at any time in
the Entity’s discretion.
2. RESPONSIBILITIES
1. Calendly.
1. Provision. Calendly shall provide you with the necessary credentials
and network links or connections to allow you to access the Services.
You agree that the total number of Authorized Users will not exceed
the number set forth in an applicable Order Form, or as duly
purchased by an Entity.
2. Support. Calendly shall provide support for the Services as may be
described on Calendly’s Website.
3. Security. Calendly will use commercially reasonable efforts to
implement and maintain technical and organizational controls in
accordance with applicable industry standards, designed to prevent
unauthorized access, use, alteration, or disclosure of Customer Data.
For more information regarding Calendly’s security practices, you can
visit https://calendly.com/security.
4. Investigation. Calendly reserves the right (but does not have the
obligation) to investigate complaints or reported violations of these
Customer Terms and to take any action Calendly deems appropriate,
including but not limited to suspending access to the Services,
terminating your account, or permanently revoking your access to the
Services, 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 account, Customer Data, e-mail
addresses, usage history, posted materials, IP addresses, and traffic
information, as allowed under our Privacy Notice. You agree to
promptly notify Calendly in the event that you are made aware of any
unauthorized or illegal use of the Services, by emailing
support@calendly.com.
5. Data Protection: The terms of the Data Processing Addendum (“DPA”)
are available and posted as of the Effective Date are hereby
incorporated by reference and shall apply to the extent Customer Data
includes Personal Data, as defined in the DPA.
2. Customer.
1. Cooperation. Where cooperation with Calendly is required or
reasonably requested in connection with Calendly’s obligations under
these Customer Terms, you will cooperate with Calendly, and Calendly
will not be liable for delay or failure to provide Services to the
extent caused by your failure or delay to cooperate or make relevant
personnel or data available.
2. Compliance. You and your access and use of the Services (including by
Authorized Users and Invitees) must comply at all times with these
Customer Terms, the Acceptable Use Policy and all Applicable Laws.
Calendly controls and operates the Services from our headquarters in
the United States of America and the entirety of the Services may not
be appropriate or available for use in other locations. If you use
the Services outside the United States of America, you are solely
responsible for following all Applicable Laws in the jurisdiction
which you access the Services. Use of the Services shall be limited
to your internal business and not for resale or transfer. If Customer
is an Entity, Customer shall make all Authorized Users aware of these
Customer Terms and cause Authorized Users to comply with these
Customer Terms. You acknowledge that you remain liable for the acts
and omissions of any third party (including Invitees) that you allow,
enable, or otherwise provide access to the Services, including their
compliance with these Customer Terms.
3. Restrictions. The Services are not intended for and may not be used
by individuals under 18 years of age, who are incapable of forming a
binding contract with Calendly, or who are otherwise barred from
using the Services under Applicable Laws. By registering for a
Calendly account, you state that you are at least 18 years of age,
and you are responsible for ensuring that all Invitees are at least
18 years old, unless otherwise permitted by the applicable
Industry-Specific Terms. Creating an account with false information
is a violation of our Customer Terms, including creating an account
on behalf of others or persons under the age of 18.
4. Security. You shall maintain the security of your networks, establish
reasonable technical and organizational controls and, where Customer
is an Entity, maintain the security of its Authorized Users’
credentials (user credentials may not be shared or used by more than
one Authorized User). You shall use commercially reasonable efforts
to prevent unauthorized access to, or use of Customer’s or its
Authorized Users’ accounts and shall immediately notify Calendly at
support@calendly.com of any known unauthorized use.
5. Privacy. You acknowledge that your (and any Authorized Users’)
registration of a Calendly account and use of the Services serves as
your consent to Calendly’s processing of Personal Data as set forth
in our Privacy Notice.
6. Customer Data. You are responsible for the accuracy, quality, and
legality of Customer Data and the manner in which it is acquired. If
Customer is an Entity, Customer will ensure that (a) all Authorized
Users given access to the Services have the right to access the
information and Customer Data made accessible to them by Customer
through the Services; and (b) any Authorized User granting Calendly
access to any Customer Data has the right and authority to grant such
access.
7. Invitees. The Services allow you to connect with Invitees. You are
responsible for how you share and publicize your scheduling link and
for understanding the settings and controls for the Services. As
such, you are responsible for the activities of your Invitees, even
if such Invitee is not from your organization or domain.
3. ACCOUNT SET-UP
1. General. To use the Services as a Customer, you need to set up either a
Free Account or a Paid Account. You are authorized by Calendly to set up
one Free Account only (unless otherwise approved in writing by
Calendly). Calendly reserves the right to terminate any additional Free
Accounts set up by you and any Free Accounts that have been inactive for
over six (6) months.
2. Credentials. In order to create an account, you must first submit
applicable registration-related information as requested via the
Services or by Calendly, which include your email address and your name,
and which Calendly may retain. Once you submit the required registration
information, we will determine whether to approve your proposed account,
in our sole discretion. If approved, you will be sent an email detailing
how to complete your registration and open the account. For so long as
you use the account, you agree to provide, update, and maintain only
true, accurate, current, and complete information by logging into your
account and making relevant changes directly. Because it is your
account, it is your responsibility 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(s) and maintain the confidentiality of your password(s),
including any password of a third-party site that we may allow you to
use to access the Services. Should you believe your method and or the
credentials to access the Services have been compromised in any way, you
must immediately notify us at support@calendly.com
3. Billing. Calendly or our third-party payment processors may collect your
billing information when you upgrade to a Paid Account, and by providing
such billing information, you hereby authorize Calendly (and its
third-party payment processors) to use such information for billing
purposes and otherwise in accordance with our Privacy Notice. Calendly
will bill the Fees in advance. Customers who qualify for invoice-billing
are billed immediately at the start of the Initial Subscription Term and
in advance of any Renewal Subscription Terms; payment of which is due
thirty (30) days from the first day of the then-current Subscription
Term.
4. Account Ownership/Management.
1. Calendly controls the URL(s) assigned to your account and may change
or deactivate the URL(s) with or without prior notice.
2. If you are an Authorized User of a Customer that is an Entity, the
Customer has the right to control, manage, monitor, and obtain
reports on your use of the Services via a Paid Account.
3. If you are an individual Customer registered using an email domain of
an Entity you are acting on behalf of, such Entity has the right to
control, manage, monitor, and obtain reports on your use of the
Services via a Paid Account.
4. If you are an individual Customer registered using your personal
email address, you (and not an Entity) are responsible for managing
your Free Account or Paid Account.
5. Both the “Owner” and “Admin” (as defined within the applicable
Documentation) of an account, as applicable, are each severally and
jointly, deemed as the authorized representatives of you as a
Customer, and any decision or action made by an Owner or Admin as
applicable, is deemed as a decision or action of Customer.
6. If you are an Authorized User, the Entity which authorized you to
access the Services may manage and control your account with
Calendly. Please click here for more information on how such Entity
may manage and control your account, and the Customer Data which you
transmit to the account.
4. FEES AND PAYMENT
1. General. If you register for a Paid Account, you agree to pay all
applicable Fees related to your use and access of the Services based on
the Plan Tier purchased, as described fully on our pricing page. You
understand that all Fees are non-cancellable and non-refundable and must
be paid without offset or deduction of any kind.
2. Fees. By providing a payment method and/or related information (“Payment
Method”), you expressly authorize us to charge the applicable Fees using
such Payment Method incurred during the Subscription Term. To the extent
that payment details and/or mechanisms are provided through third
parties (such as our third-party payment processor or third-party
procure to pay solutions), you agree that Calendly will have no
liability to you arising out of the acts or omissions of such third
parties.
3. Taxes. All Fees are exclusive of applicable sales, use, excise and other
similar taxes, duties, and charges imposed by federal, state, local
governmental, or regulatory authorities (“Taxes”). You expressly
authorize Calendly to charge such Taxes on the Payment Method.
5. TERM & RENEWALS
1. Term. The length of the Initial Subscription Term and Renewal
Subscription Terms are identified in your Order Form, invoice, or the
billing page of your account. Term lengths are either month-to-month or
in annual (12-month) increments or another duration as determined by
Calendly.
2. Renewals. The Services shall automatically renew for successive Renewal
Subscription Terms for a term length equal to the previous subscription
period. Calendly will automatically charge your existing Payment Method
in the amount of the then-applicable Fees plus Taxes. Each Renewal
Subscription Term may include a price increase of the Consumer Price
Index (“CPI”) + 3% unless we notify you of a different rate before each
Renewal Subscription Term starts. If applicable, you agree to maintain
current billing information. If you are billed via invoice, or are on
the Calendly Enterprise Plan Tier you must provide Calendly with
forty-five (45) days' written notice prior to the end of the
then-current term of any requests for changes to (i) your Plan Tier,
(ii) the number of licenses in your account, (ii) terms of an applicable
Order Form, (iii) or any other similar modifications to your account,
including requests to terminate the Services at the end of the
then-current Initial or Renewal Subscription Term. You may be subject to
a price increase for a Renewal Subscription Term for modifications
described in this Section 5.
6. SUSPENSION & TERMINATION; CANCELLATION
1. Suspension; Termination. Calendly may suspend or terminate your access
to and use of the Services, including suspending access to or
terminating your account (either a Free Account or Paid Account), or
permanently revoke your access to the Services, at our sole discretion,
at any time with notice to you, including without limitation if Calendly
reasonably determines that:
1. Your use of the Calendly IP disrupts or poses a security risk to the
Calendly IP or to any other customer;
2. You are using the Calendly IP in violation of these Customer Terms
including the DPA, AUP, and Industry-Specific Terms for fraudulent
activities;
3. You have ceased to continue your business in the ordinary course,
made an assignment for the benefit of creditors or similar
disposition of its assets, or become the subject of any bankruptcy,
reorganization, liquidation, dissolution, or similar proceeding; or
4. Our provision of the Services to you is prohibited by Applicable Law.
2. You agree that Calendly will have no liability for any consequences that
you may incur as a result of suspending, terminating, or revoking your
account and/or access to the Services.
3. Cancellation & Termination. You may request to cancel a Paid Account,
downgrade to a different Plan Tier, or terminate your Calendly account
completely, by accessing the billing page of your account or by
contacting support@calendly.com, whereby such request will be effective
as of the end of the then-current Initial or Renewal Subscription Term,
unless otherwise determined by Calendly. Any request to terminate a
Calendly account completely will be effective immediately (unless
otherwise determined by Calendly).
4. Effect & Survival. Upon any cancellation, termination or expiration of
these Customer Terms, the Services, or your Calendly account: (i)
Calendly may cease providing you, and you may no longer be able to
access, the Services, (ii) you will not be entitled to any refunds or
credits and all outstanding payment obligations under these Customer
Terms will become due immediately, and (iii) the following Sections will
survive: 4, 6(c), 11, 12, 13(d), 14, 15, 16, and 17.
7. THIRD PARTY APPLICATIONS
1. Integrations. The Services may contain features designed to link to,
transfer Customer Data to, or otherwise access, TPAs. Calendly cannot
guarantee the continued availability of such features and may cease
providing them without entitling you to any refund, credit or other
compensation, if for example and without limitation, the TPA provider
ceases to make the TPA available for interoperation with the Service
features in a manner acceptable to Calendly in its sole discretion. Any
changes to TPAs, including their unavailability, during the Subscription
Term shall not affect your obligations under these Customer Terms or the
applicable Order Form. Calendly will not be responsible for, and hereby
disclaims all liability in connection with, any and all TPAs accessible
via the Services.
2. Third Party Applications. You may choose to enable integrations or
exchange Customer Data with TPAs. Your use of a TPA is governed by your
agreement with the relevant third-party provider, not these Customer
Terms. You are responsible for selecting any such TPAs and for choosing
the Customer Data to transfer to or from them. Calendly does not warrant
or support TPAs, nor is Calendly responsible or liable for the security
of Customer Data shared with or from such TPA, or any disclosure,
modification, deletion or other processing of Customer Data resulting
from access by such TPA or its provider. By using TPAs, you instruct and
consent to Calendly disclosing or sharing Customer Data to the TPA as
necessary to facilitate the integration with the TPA. You acknowledge
and agree that, with respect to any Personal Data shared with a TPA,
Calendly is not a sub-processor of that TPA, nor is that TPA a
sub-processor of Calendly. If you are an Authorized User, you hereby
represent and warrant that you have obtained any necessary permissions
from your employer and your access and use of any TPAs will not violate
any internal policies of your employer or applicable Entity.
8. FAIR USE; SMS
1. Fair Use. Certain Calendly features, like notifications, may be
aggregated and collectively sent from fewer email addresses or phone
numbers. This means those features are used concurrently by a number of
customers. If a single customer places disproportionately high demands
on the Services, it may adversely affect the Calendly experience for
other users, and Calendly will have the right to immediately suspend
access to the Services upon its reasonable belief that use of the
Services may or will adversely affect the use or experience of other
users (“Fair Use”). The vast majority of our customers use the Services
considerately and their usage levels don't adversely impact service
capacity. However, even the activity of a small number of customers who
use the Services inappropriately has the potential to significantly
impact the service for other customers.
2. SMS (Text Messaging). If you (or any of your Authorized Users) consent
to the use of the SMS notifications feature, you agree to comply with
the terms and conditions of the Twilio Acceptable Use Policy when
sending and/or receiving such SMS notifications and acknowledge that
your (and any of your Authorized Users’) utilization of SMS
notifications are continuously monitored. In the spirit of the Fair Use
described above, you also acknowledge that you may be limited per user
per month. Calendly reserves the right to determine such limitations,
restrict such SMS usage or suspend access for excess usage in order to
protect Calendly’s platform and other customers’ usage. If you use
Calendly’s functionality that sends SMS notifications from Calendly to
an Invitee on your behalf related to the scheduled meeting between you
and your Invitee, such messages may contain editable fields that
Calendly Users are responsible for completing. Calendly Users are not
authorized to send Invitees any messages that include marketing or
promotional information. Calendly Users are solely responsible for
ensuring that the content of such messages does not contain any
marketing or promotional information.
9. EMBEDDING CALENDLY INTO A WEBSITE
The Services include the ability for Calendly Customers to embed the
Services into your website (the “Embedded Services”) (more information in
this Help Center article). When doing so, the follow terms apply:
1. Calendly grants Customer a limited, revocable, non-exclusive,
non-transferable (except in compliance with Section 17(c)),
non-sublicensable right to access and use the Embedded Services in
Customer’s website. The usage restrictions in these Customer Terms,
including those in the Acceptable Use Policy, apply to Customer’s use of
the Embedded Services.
2. Customer acknowledges and agrees that Calendly collects certain
information about Customer’s website visitors when they interact with
the Embedded Services as set out in our Privacy Notice. If Customer uses
the Embedded Services, Customer must notify its website visitors in
Customer’s privacy policy that it uses Calendly in its website and that
Calendly collects certain information as set out in our Privacy Notice.
3. Customer’s use of the Embedded Services shall comply with applicable
data protection and privacy laws, including any legal requirements to
provide notice and obtain, and maintain records, of consent from website
visitors.
4. Cookie compliance. When you use the Embedded Services on your website,
Calendly collects certain information from your website visitors by use
of cookies and similar technologies as described in Calendly’s Privacy
Notice. Your website visitors may have certain legal rights with
respect to Calendly’s cookies when you use the Embedded Services. When
you use the Embedded Services on your website you shall comply with one
of the following:
1. You shall display Calendly’s cookie banner when using the Embedded
Services on your website to allow website visitors to exercise their
legal rights with respect to Calendly cookies, or
2. If you choose to hide Calendly’s cookie banner (more information
here), you acknowledge and agree that (a) Calendly still uses cookies
when the Calendly cookie banner is hidden, and (b) you are solely
responsible for providing a mechanism to your website visitors that
allows them to exercise any legal rights they may have with respect
to Calendly’s cookies.
10. AI/MACHINE LEARNING SUPPLEMENTAL TERMS
1. AI Features. Calendly may make available certain features that include
artificial intelligence, machine learning, or similar functionality (“AI
Features”). These features may include technology developed by Calendly
or a third-party provider.
2. Customer Responsibilities. Certain AI Features may provide output based
on content you have input into them. You acknowledge and agree that such
AI Features may provide output that is inaccurate or false. You are
responsible for your use of such output and for ensuring your use
complies with any applicable law. You agree to review all output prior
to using it.
3. License. You consent to Calendly using your Customer Data to provide you
with the Al Features. To the extent your Customer Data contains Personal
Information, you instruct Calendly and its third-party providers to
process such Personal Information for the purpose of providing the Al
Features.
11. CONFIDENTIAL INFORMATION
1. Use and Protection. Recipient will (i) use Confidential Information only
to fulfill its obligations and exercise its rights under these Customer
Terms; (ii) not disclose Confidential Information to third parties
without Discloser’s prior approval, except as permitted in these
Customer Terms; and (iii) protect Confidential Information using at
least the same precautions Recipient uses for its own similar
information and no less than a reasonable standard of care.
2. Permitted Disclosures. Recipient may disclose Confidential Information
to its employees, agents, contractors and other representatives having a
legitimate need to know, provided it remains responsible for their
compliance with this Section 11 and they are bound to confidentiality
obligations no less protective than this Section 11.
3. Exclusions. These confidentiality obligations do not apply to
information that Recipient can document (i) is or becomes public
knowledge through no fault of Recipient, (ii) it rightfully knew or
possessed, without confidentiality restrictions, prior to receipt from
Discloser, (iii) it rightfully received from a third party without
confidentiality restrictions or (iv) it independently developed without
using or referencing Confidential Information.
4. Required Disclosures. Recipient may disclose Confidential Information of
the Discloser to the extent required by Applicable Law, provided that
Recipient shall make reasonable efforts to provide Discloser with prior
written notice of such compelled disclosure and reasonable assistance
(at Discloser’s cost) if the Discloser wishes to obtain protective
treatment of the Confidential Information.
12. INTELLECTUAL PROPERTY
1. Calendly.
1. License. Subject to your compliance with these Customer Terms and
your applicable Order Form, Calendly grants to you a limited,
revocable, non-exclusive, non-transferable (except in compliance with
Section 17(c)), non-sublicensable right to access and use the
Services and applicable Documentation following the set-up of an
account. You have no other rights in the Services and shall not use
the Services beyond the scope of the access granted under these
Customer Terms.
2. Feedback. You understand that Calendly may, in connection with the
Services, freely use, copy, disclose, license, distribute and exploit
any Feedback in any manner without any obligation, royalty or
restriction based on Intellectual Property Rights or otherwise.
Nothing in our Terms limit our right to independently use, develop,
evaluate, or market products or services, whether incorporating
Feedback or otherwise. You are not required to submit Feedback and
Calendly understands that any Feedback you provide is provided
“as-is;” and Calendly will not publicly identify you as the source of
Feedback without your prior written permission.
3. Usage Information. Calendly may generate Usage Information based on
Customer Data and your use of the Services, including without
limitation through our use of monitoring, session replay, and
recording tools. As between you and Calendly, all right, title, and
interest in Usage Information, and all Intellectual Property Rights
therein, belong to and are retained solely by Calendly. For Clarity,
Usage Information is at all times in aggregated and de-identified
form.
4. Calendly IP. Your use of the Services does not constitute any right
or license for you to use the Calendly service marks or trademarks.
The Website is also protected under international copyright laws. The
copying, redistribution, use, or publication by you of any portion of
the Website is strictly prohibited. Your use of our Services does not
grant you ownership rights of any kind in the Calendly IP. Calendly
and its licensors reserve and shall own all rights, titles, and
interests in and to all Calendly IP, including all Intellectual
Property Rights therein.
2. Customer
1. Customer Data. Except for the rights granted to Calendly under these
Customer Terms, as between you and Calendly, you retain all rights,
titles, and interests in the Customer Data, including all
Intellectual Property Rights therein.
2. License. You grant to Calendly a worldwide, royalty-free,
non-exclusive, non-transferable (except in compliance with Section
17(c)), sublicensable license to use, distribute, host, copy,
transmit, and display Customer Data as reasonably necessary for
Calendly to provide and operate the Services in accordance with these
Customer Terms, including related internal purposes such as quality
control, information security, prevention and detection of spam,
fraud, and abuse, troubleshooting, and product improvement and
development, including to train computational models and algorithms
and generating outputs and data sets, and related/machine learning
purposes provided that Calendly will not use Customer Data for model
or algorithm training, generating AI-based outputs and data sets, or
related machine learning, without your permission. Subject to the
limited licenses granted herein, Calendly acquires no right, title or
interest in any Customer Data. You are responsible for the accuracy,
quality and legality of Customer Data and the means by which you
acquired Customer Data.
3. Reservation of Rights. Neither party grants the other any rights or
licenses (by implication, waiver, estoppel or otherwise) not expressly
set out in these Customer Terms.
4. TPA: You may have access to TPAs through use of the Services. All
ownership and Intellectual Property Rights in and to TPAs and the use of
such content is governed by separate third party terms between you and
the third-party provider.
13. WARRANTY; DISCLAIMER
1. Mutual. Both you and Calendly represent and warrant that each: (i) have
the legal power and authority to enter into these Customer Terms (for
you, either on behalf of yourself or your Entity); (ii) shall carry out
our obligations under these Customer Terms in material compliance with
Applicable Law; and (iii) the performance of these Customer Terms do not
violate any other agreement to which we are a party or by which we are
otherwise bound.
2. Calendly. Calendly represents and warrants that: (A) the Services will
perform materially in accordance with the Documentation; and (B) the
Services will be regularly scanned using commercially available scanning
program designed to ensure the Services are free of viruses, exploitable
security vulnerabilities, malware and other harmful and malicious code
(“Harmful Code”) (but we are not responsible for harmful materials
submitted by Customer, Authorized Users, or Invitees).
1. Remedy. THIS SECTION 13(b)(i) STATES CALENDLY’S ENTIRE LIABILITY AND
YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY BREACH OF WARRANTY
UNDER THIS SECTION 13(b). In the event of non-conformance of this
Section 13(b), you must promptly provide Calendly with written notice
describing the material non-conformance in the Services. Upon such
notice, Calendly shall make a reasonable determination, in its sole
discretion, as to the degree of the non-conformity and, if material
use commercially reasonable efforts to correct such non-conformance.
If Calendly cannot, in its sole discretion, correct such
non-conformance within thirty (30) days from the date of
notification, then you may terminate your subscription by providing
written notice to support@calendly.com. Should you terminate these
Customer Terms under this Section 13(b), subject to Section 13(b)(ii)
below, Calendly shall promptly refund you with a pro-rated portion of
any prepaid, unused Fees for the terminated portion of the
Subscription Term.
2. Exclusions. Calendly shall have no obligation or liability under this
Section 13(b) if the non-conformance is caused by or based on: (A)
modifications to the Services not made by Calendly; (B) use of the
Services in combination with any products, services, data (including
Customer Data), software, hardware or business process not supplied
by Calendly, including TPAs; or (C) use of the Services in violation
of these Customer Terms, including but not limited to the Acceptable
Use Policy.
3. Customer. You represent and warrant, either on behalf of yourself as an
individual Customer or on behalf of your Entity that: (A) you own the
Customer Data and/or TPAs or otherwise have the right to use, and permit
Calendly to use, the Customer Data and/or TPAs as contemplated under
these Customer Terms; (B) the use of the Customer Data does not and will
not violate the privacy rights, publicity rights, contract rights,
Intellectual Property Rights, or any other rights of any third party, or
violate Applicable Laws; and (C) the Customer Data does not contain: (x)
protected health information or information subject to Health Insurance
Portability and Accountability Act (“HIPAA”) compliance or other
relevant law or regulation; (y) information subject to Sarbanes-Oxley
Act (“SOX”), Gramm-Leach-Bliley Act (“GLBA”) requirements or other
relevant law or regulation; or (z) information that falls within the
definition of “special categories of data” under data protection laws.
1. Remedy. In the event of a breach, or reasonably anticipated breach,
of the foregoing warranties, in addition to any other remedies
available at law or in equity, Calendly shall have the right, in its
sole discretion, to immediately suspend or terminate your access to
the Services if deemed reasonably necessary by Calendly to prevent
any liability accruing to it.
4. DISCLAIMER. Except as expressly set out in these Customer Terms, and to
the extent not prohibited by Applicable Law, each party disclaims all
other warranties, whether express, implied, statutory or otherwise,
including warranties of merchantability, fitness for a particular
purpose, title and noninfringement. Except as expressly provided in this
Section 13, the Services are provided AS-IS and CALENDLY MAKES NO
WARRANTY REGARDING ANY TPA WITH WHICH THE SERVICE MAY INTEROPERATE. THIS
MEANS THAT WE DO NOT PROMISE YOU THAT THE SERVICES ARE FREE OF PROBLEMS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY
THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE
MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED OR AS TO THE
ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE
SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU THROUGH THE SERVICES OR FROM US OR OUR SUBSIDIARIES/OTHER AFFILIATED
COMPANIES WILL CREATE ANY WARRANTY. WE DISCLAIM ALL EQUITABLE
INDEMNITIES.
14. INDEMNIFICATION
1. Calendly Indemnification. Subject to Section 15, Calendly shall defend
you against any claim, demand, suit or proceeding made or brought
against you by a third party (“Third-Party Claim”) alleging that the
Services infringe or misappropriate such third party’s Intellectual
Property Rights, and will indemnify you from any damages, reasonable
attorney fees and costs finally awarded against you as a result of, or
for amounts paid by you under a settlement approved by Calendly in
writing of, a Third-Party Claim.
1. Remedy. If Calendly receives information about an infringement or
misappropriation Third-Party Claim related to the Services, Calendly
may in its sole discretion and at no cost to you: (A) modify the
Services so that they are no longer claimed to infringe or
misappropriate, without breaching Calendly’s warranties under Section
13(b); (B) obtain a license for your continued use of that Service in
accordance with these Customer Terms; or (C) terminate these Customer
Terms or the applicable Order Form for the infringing Service upon
thirty (30) days’ written notice and promptly refund you with a
pro-rated portion of any prepaid, unused Fees for the terminated
portion of the Subscription Term.
2. Exclusions. Calendly’s obligations under this Section 14 do not apply
to the extent a Third-Party Claim arises from or relates to: (A)
Customer Data; (B) use of the Services with TPAs; (C) modification or
alteration of the Services not made by Calendly; (D) your continued
use of the Services after notification by Calendly that the Services
or such use may be infringing; (E) your use of the Services in breach
of these Customer Terms; or (F) your failure to timely implement any
updates, modifications, corrections, bug-fixes, or enhancements to
the Services made available by Calendly.
2. Customer Indemnification. You shall defend Calendly against any
Third-Party Claim: (i) alleging that the combination of a TPA or
configuration provided by you and used with the Services, infringes or
misappropriates such third party’s Intellectual Property Rights; or (ii)
arising from (A) your use of the Services in an unlawful manner or in
violation of these Customer Terms, the Documentation, or Order Form, (B)
any Customer Data or your use of Customer Data with the Services, or (C)
a TPA provided by you, and will indemnify Calendly from any damages,
reasonable attorney fees and costs finally awarded against Calendly as a
result of, or for amounts paid by Calendly under a settlement approved
by Customer in writing of, a Third-Party Claim.
3. Procedure. The indemnified party will provide to the indemnifying party:
(i) prompt notice of the Third-Party Claim (but delayed notice will only
reduce the indemnifying party’s obligations to the extent it is
prejudiced by the delay); (ii) the exclusive right to control the
Third-Party Claim’s investigation, defense and settlement; and (iii)
reasonable cooperation at the indemnifying party’s expense. The
indemnifying party may not settle a Third-Party Claim without the
indemnified party’s prior approval if settlement would require the
indemnified party to admit fault or take or refrain from taking any
action (except regarding use of the Service when Calendly is the
indemnifying party). The indemnified party may participate in a
Third-Party Claim with its own counsel at its own expense.
4. Exclusive Remedy. This Section 14 states the indemnifying party’s sole
liability to, and the indemnified party’s exclusive remedy against, the
other party for any Third-Party Claim.
15. LIMITATION OF LIABILITY
1. DISCLAIMER. IN NO EVENT WILL CALENDLY HAVE ANY LIABILITY ARISING OUT OF
OR RELATED TO THESE CUSTOMER TERMS OR THE SERVICES FOR: (I) ANY
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES,
WHETHER FORESEEABLE OR UNFORESEEABLE, (II) THE DELAY OR INABILITY TO USE
THE SUBSCRIPTION SERVICES, APIS OR ANYTHING PROVIDED IN CONNECTION WITH
THESE CUSTOMER TERMS, (III) COST OF PROCUREMENT OF SUBSTITUTE GOODS,
SERVICES, OR TECHNOLOGY, OR (IV) LOSS OF REVENUE OR ANTICIPATED PROFITS,
LOST BUSINESS OR LOST SALES, OR LOST DATA; IN EACH CASE, WHETHER BASED
IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR
OTHERWISE, EVEN IF CALENDLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES OR EVEN IF A REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE.
2. LIMITATION OF LIABILITY. IN NO EVENT WILL CALENDLY’S TOTAL AGGREGATE
LIABILITY, UNDER OR IN CONNECTION WITH THESE CUSTOMER TERMS OR THE
SERVICES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT
LIABILITY OR OTHERWISE OR IF A REMEDY OTHERWISE FAILS OF ITS ESSENTIAL
PURPOSE, EXCEED THE GREATER OF (I) THE FEES PAID OR PAYABLE TO CALENDLY
HEREUNDER IN THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE THE CAUSE
OF ACTION GIVING RISE TO SUCH DAMAGES FIRST AROSE OR (II) $100 USD.
3. Cause of Action. You may not institute an action in any form arising out
of or in connection with these Customer Terms more than one (1) year
after the cause of action has arisen unless such limitation is
explicitly prohibited by Applicable Law.
16. DISPUTE RESOLUTION; CLASS ACTION WAIVER.
THE CLAUSES BELOW AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY.
1. General. This Section 16 facilitates the prompt and efficient resolution
of any Dispute that may arise between you and Calendly. “Dispute”
includes but is not limited to any and all claims, disputes or
controversy (whether based in contract, tort, statute, fraud,
misrepresentation, or any other legal theory) arising out of or relating
to the Customer Terms, including the breach, application, validity,
interpretation or scope thereof, including the determination of the
scope or applicability of these Customer Terms to arbitration, whether
presently in existence or based on acts or omissions in the past or in
the future. This Section provides that, except for the “Exceptions”
identified below in Section 16(g), all Disputes between you and
Calendly, which are unable to be resolved pursuant to the
Pre-Arbitration Claim Resolution Section below, will be resolved
exclusively and finally by binding arbitration rather than in court in
accordance with this Section 16.
2. Pre-Arbitration Claim Resolution. For all Disputes, you must first give
us an opportunity to cure or resolve the Dispute which is first done by
emailing us at support@calendly.com and providing us with the following
information: (i) your name, (ii) your address, (iii) a written
description of your claim, and (iv) a description of the specific relief
you seek. If we do not resolve the Dispute within 45 days after
receiving your notification, then you may pursue your Dispute in
arbitration.
3. Arbitration Procedures.
1. Initiation of Proceedings and Rules. If the Dispute is not resolved
as provided in Section 16(b) above, either you or Calendly may
initiate arbitration proceedings with the Judicial Arbitration and
Mediation Service (JAMS). The arbitration shall be conducted in
English before a single arbitrator and administered by JAMS in
accordance with the JAMS Streamlined Arbitration Rules and Procedures
(the “JAMS Streamlined Arbitration Rules”) in effect on the date the
arbitration is filed, and will be governed by the JAMS Policy on
Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum
Standards of Procedural Fairness (the “JAMS Minimum Consumer
Standards”). You may obtain copies of the current JAMS Streamlined
Arbitration Rules, forms, and instructions for initiating an
arbitration with JAMS by contacting JAMS online at www.jamsadr.com.
2. Arbitrator and Venue. The arbitrator will be agreed to by the
parties; provided, however, if the Parties cannot agree upon
selection of an arbitrator, then JAMS shall appoint an arbitrator
experienced in the enterprise software industry in accordance with
the JAMS Streamlined Arbitration Rules. The place of arbitration
shall be in the country where you reside unless otherwise agreed upon
by the Parties.
3. Federal Arbitration Act and Governing Law. The arbitrator will be
empowered to determine the arbitrability of any Dispute between us
and, because the Services and these Customer Terms concern interstate
commerce, the Federal Arbitration Act (“FAA”) shall govern the
arbitrability of all Disputes. However, unless the arbitrator
determines it would be more appropriate to apply the substantive law
or another U.S. jurisdiction or unless preempted by the FAA, the
arbitrator will apply Georgia state law and applicable U.S. federal
law (without regarding to conflict or choice of law principles)
consistent with the FAA and the applicable statute of limitations or
condition precedent to commencing a Dispute.
4. Remedies, Relief and Cost. This Section 16 shall not preclude parties
from seeking provisional remedies in aid of arbitration from a court
of appropriate jurisdiction. The arbitrator can award any damages or
relief that a court of law could, including individual injunctive
relief and reasonable attorneys’ fees when available under the
governing law and will be final and binding on you and Calendly,
without any right of appeal. The arbitrator shall award to the
prevailing party, if any, the costs and attorneys' fees reasonably
incurred by the prevailing party in connection with the arbitration.
If the arbitrator determines a party to be the prevailing party under
circumstances where the prevailing party won on some but not all of
the claims and counterclaims, the arbitrator may award the prevailing
party an appropriate percentage of the costs and attorneys' fees
reasonably incurred by the prevailing party in connection with the
arbitration. The arbitrator’s award will address all claims properly
brought before the arbitrator and will include the essential findings
and conclusions upon which the arbitrator based the award. Judgment
upon any such award may be enforced in any court of competent
jurisdiction.
4. Class Action Waiver. The arbitration will be commenced as an individual
arbitration, and will in no event be commenced as a class arbitration.
To be clear, the arbitrator may not consolidate more than one person’s
claims, and may not otherwise preside over any form of a class or
representative proceeding or claims (such as a class action,
consolidated action or private attorney general action). You acknowledge
and agree that you are waiving any ability to join or consolidate your
Dispute in arbitration with the Dispute of any other person and to bring
any Dispute on a class basis, in a representative capacity, on behalf of
the general public, or on behalf of any other person.
5. Conflict. Where there is a conflict or inconsistency between the JAMS
Streamlined Arbitration Rules and procedures and this arbitration
provision, this arbitration provision will govern. If any clause within
this “Dispute Resolution and Arbitration” provision (other than the
Class Action Waiver clause) is found to be illegal or unenforceable,
that clause will be severed from this provision whose remainder will be
given full force and effect. If the Class Action Waiver clause is found
to be illegal or unenforceable, this entire provision will be
unenforceable and the dispute will be decided by a court. This “Dispute
Resolution and Arbitration” provision will survive the termination of
your account with us or our affiliates and your discontinued use of the
Services.
6. Confidentiality. You and Calendly agree that any arbitration proceedings
initiated hereunder shall be kept in strict confidence, meaning that you
and Calendly agree not to disclose or cause to be disclosed to any third
party the Dispute(s) to be arbitrated hereunder, or any of the
underlying facts, circumstances, documents, and other materials relating
to such Dispute(s), except as may be necessary in connection with a
court application for a preliminary remedy, a judicial challenge to an
award or its enforcement, or unless otherwise required by law.
7. Exceptions. We each agree not to invoke our right to arbitrate any
individual Dispute each of us may bring in small claims court or an
equivalent court with jurisdiction, so long as the Claim is pending only
in that court. This arbitration provision does not limit or constrain
Calendly’s right to interplead funds in the event of claims to funds
associated with payments you owe to several parties. To the extent a
Dispute cannot legally be arbitrated (as determined by the arbitrator),
the Parties will bring the suit, action, or proceeding that cannot be
arbitrated according to Section 17(g) below.
17. MISCELLANEOUS
1. Entire Agreement and Order of Precedence. These Customer Terms,
together with each Order Form and the DPA, Acceptable Use Policy and
any applicable supplemental terms contain the entire agreement between
you and us and, therefore, supersede all prior or contemporaneous
negotiations, discussions or agreements between Calendly and you about
the Services. In the event of any conflict between these Customer
Terms, an Order Form, the DPA, Acceptable Use Policy, or any other
supplemental terms or attachments hereto, the DPA and then these
Customer Terms take precedence unless any applicable supplemental terms
explicitly state otherwise. Any definitions found in the Privacy
Notice, Acceptable Use Policy, FERPA COPPA Privacy Policy, and Data
Processing Addendum are hereby adopted by reference in these Customer
Terms. Acceptance of any order by Calendly is expressly limited to the
terms and conditions of these Customer Terms. Any proposed additional
or inconsistent terms or conditions, including those in or accompanying
any Customer proposal, any Customer purchase order, or other agreement
or any other Customer document issued in connection with the sale or
delivery of Services is deemed by Calendly to be a material change and
is objected to and rejected by Calendly. Calendly's acceptance of any
orders will not constitute acceptance of any terms and conditions
contained therein.
2. Publicity. You hereby grant Calendly a limited, revocable,
non-exclusive, non-sub-licensable, non-transferable (except in
compliance with Section 17(c)), royalty-free right and license (the
"Trademark License") to use, display and reproduce Customer’s name,
logo, trademarks and service marks (the "Trademarks") in Calendly’s
marketing and promotional content and materials and on the Website.
Each party acknowledges that Customer's Trademarks are and will remain
the exclusive property of Customer. Calendly's use of Customer's
Trademarks shall be subject to Customer's reasonable usage guidelines
provided to Calendly in advance in writing. Customer may revoke the
license at any time by contacting marketing@calendly.com and
legal@calendly.com.
3. Assignment. Neither Party may assign these Customer Terms without the
prior consent of the other Party, except that either Party may assign
these Customer Terms, with notice to the other Party, in connection
with the assigning Party’s merger, reorganization, acquisition or other
transfer of all or substantially all of its assets or voting
securities. Any non-permitted assignment is void. These Customer Terms
will bind and inure to the benefit of each party’s permitted successors
and assigns.
4. Force Majeure. Neither Party is liable for a delay or failure to
perform under these Customer Terms due to a Force Majeure. “Force
Majeure” means an unforeseen event beyond a Party’s reasonable control,
such as a strike, blockade, war, pandemic, act of terrorism, riot,
third-party Internet or utility failure, refusal of government license
or natural disaster, where the affected party takes reasonable and
customary measures to avoid or mitigate such event’s effects. Customer
in all cases remains responsible for its underlying payment obligations
even if a delay is permitted pursuant to this Section 17(d).
5. Waiver; Severability. Waivers must be signed by the waiving party’s
authorized representative and cannot be implied from conduct. Except as
otherwise set forth in the Dispute resolution provision, if any of
these Customer Terms are deemed inconsistent with Applicable Law, then
such term(s) will be interpreted to reflect the intentions of the
parties, and no other terms will be modified. By choosing not to
enforce any of these Terms, we are not waiving our rights.
6. Equitable Relief. Each Party acknowledges and agrees that a breach or
threatened breach by such Party of any of its obligations under Section
11 or, in the case of Customer, Section 2(b) or the Acceptable Use
Policy, would cause the other Party irreparable harm for which monetary
damages would not be an adequate remedy and agrees that, in the event
of such breach or threatened breach, the other party will be entitled
to seek equitable relief, including a restraining order, an injunction,
specific performance, and any other relief that may be available from
any court, without any requirement to post a bond or other security, or
to prove actual damages or that monetary damages are not an adequate
remedy. Such remedies are not exclusive and are in addition to all
other remedies that may be available at law, in equity, or otherwise.
7. Governing Law; Venue. These Customer Terms and any action related
thereto will be governed by the Federal Arbitration Act, federal
arbitration law, and the laws of the State of Georgia. Except as
otherwise expressly set forth in Section 16, the exclusive jurisdiction
for all Disputes that you are not required to arbitrate will be the
state and federal courts located in Fulton County, Georgia.
8. Notice. You agree that any notices, agreements, disclosures, or other
communications that Calendly sends you electronically will satisfy any
legal communication requirements, including that such communications be
in writing and will be deemed given upon delivery of email. For
Calendly, any legal notices shall be sent to legal@calendly.com. You
agree to keep your contact information up to date, and to monitor your
email settings to ensure that you receive emails from us at your
discretion and as necessary.
9. Messages. By using the Calendly Service, you consent to receive emails
from us. These emails may include notices about applicable Fees and
charges, transactional information and other information concerning or
related to the Services (e.g. booking confirmations and reminders). You
agree to keep your contact information up to date, and to monitor your
email settings to ensure that you receive emails from us at your
discretion and as necessary.
10. Use by or for the U.S. government. The Services are a “commercial
product,” “commercial service,” and “commercially off-the-shelf (COTS)
item” as defined at 48 C.F.R. §2.101, and constitute “commercial
computer software” and “commercial computer software documentation,” as
used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202 to §227.7204. This
commercial computer software and related Documentation is provided to
end users for use, by and on behalf of the U.S. Government, with only
those rights as are granted to all other end users pursuant to the
terms and conditions herein.
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