1. Introduction
This Terms-of-Service Agreement (“Agreement”) is a binding contract between you (“Customer,” “you,” or “your”) and Appt Ninja, LLC (“Provider,” “we,” or “us”). This Agreement governs your access to and use of the CRM software services (the “Services”) provided by Appt Ninja.
This Agreement takes effect when you click the “I accept” button or by accessing or using the Services (“Effective Date”). By clicking on the “I Accept” button or by accessing or using the Services, you (a) acknowledge that you have read and understood this Agreement; (b) represent and warrant that you have the right, power, and authority to enter into this Agreement; and (c) accept this Agreement and agree to be legally bound by its terms.
If you do not agree to these terms, you must select the “I Decline” button or discontinue use of the Services.
2. Definitions
(a) “Authorized User” means Customer and Customer’s employees, consultants, contractors, and agents (i) who are authorized by Customer to access and use the Services and (ii) for whom access to the Services has been provided under this Agreement.
(b) “Customer Data” means any data, information, or content submitted by or on behalf of Customer or any Authorized User through the Services, excluding Aggregated Statistics.
(c) “Provider IP” means the Services, Documentation, and all intellectual property provided by Provider to Customer or any Authorized User, including any data generated from the Services (but excluding Customer Data).
(d) “Services” means the CRM software and related services provided by Appt Ninja, detailed on our website.
(e) “Third-Party Products” refers to any third-party products, services, websites, or other materials accessible through or integrated into the Services.
3. Access and Use
(a) Provision of Access
Subject to and conditioned on your payment of Fees and compliance with all other terms of this Agreement, Appt Ninja grants you a revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the Services solely for your internal business purposes. We will provide you with the necessary passwords and credentials to access the Services.
(b) Use Restrictions
You agree not to: (i) copy, modify, or create derivative works of the Services or Documentation; (ii) distribute, rent, lease, or sublicense the Services to others; (iii) reverse engineer, decompile, or disassemble the Services; or (iv) use the Services for any unlawful purposes.
(c) Aggregated Statistics
We may collect and compile data related to your use of the Services in an aggregated and anonymized manner. This data helps us improve system performance and services.
(d) Suspension
We may suspend your access to the Services if you violate the terms or if there are security risks to the system.
4. Customer Responsibilities
(a) Account Use
You are responsible for all activities occurring under your account. You must ensure that all Authorized Users comply with the terms of this Agreement.
(b) Customer Data
You are solely responsible for the accuracy, quality, legality, and reliability of Customer Data input into the Services.
(c) Passwords
You are responsible for keeping your account credentials secure. You must notify us immediately if you suspect unauthorized access to your account.
5. Fees and Payment
(a) Subscription Fees
You agree to pay a monthly fee of $199 for access to Appt Ninja’s CRM services, plus a usage charge of 1.9%. These fees will be automatically charged to the payment method you provide.
(b) Payment Terms
All payments are due on the date specified during sign-up and will be charged monthly thereafter. You authorize us to charge your credit or debit card for the subscription fees.
(c) Late Payments
If payment is not received on time, we reserve the right to suspend access to the Services until the account is brought current.
(d) No Refund Policy
There will be no refunds for any services or charges. However, you may cancel your subscription at any time without further obligation.
6. Confidential Information
Both parties agree to maintain the confidentiality of any proprietary information disclosed during the course of this Agreement. Neither party may disclose the other’s Confidential Information without prior written consent, except as required by law.
7. Privacy Policy
Appt Ninja is committed to protecting your privacy. Your use of the Services is governed by our Privacy Policy, which outlines how we collect, use, and store your information.
8. Indemnification
(a) Customer Indemnification You agree to indemnify, defend, and hold harmless Appt Ninja from any claims, damages, liabilities, or expenses arising from your use of the Services, except where caused by our gross negligence or willful misconduct.
(b) Provider Indemnification Appt Ninja will indemnify you from third-party claims that the Services infringe any intellectual property rights, provided you notify us in writing and allow us to control the defense.
9. Limitations of Liability
In no event will Appt Ninja be liable for any indirect, incidental, special, or consequential damages arising from your use of the Services. Our liability will not exceed the total fees paid by you in the 12-month period preceding the event giving rise to the claim.
10. Term and Termination
(a) Term
This Agreement remains in effect until you or Appt Ninja terminate it.
(b) Termination
You may terminate this Agreement at any time by canceling your subscription. We may terminate your access to the Services if you fail to comply with the terms.
(c) Effect of Termination
Upon termination, you will no longer have access to the Services, but you are still responsible for any outstanding payments.
11. Governing Law
This Agreement will be governed by and construed in accordance with the laws of Pinellas County.
12. Dispute Resolution and Binding Arbitration
(a) Arbitration Agreement
You and Appt Ninja agree to resolve any disputes through binding arbitration. By agreeing to arbitration, you waive the right to sue in court or participate in a class action.
(b) Arbitration Rules
The arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will be conducted on an individual basis.
(c) Small Claims Option
You may choose to pursue your claim in small claims court if your dispute qualifies.
13. Modifications
Appt Ninja reserves the right to modify this Agreement at any time. Any changes will be communicated to you via email or in-platform notification, and your continued use of the Services will constitute acceptance of those changes. Contact Information If you have any questions about this Agreement, please contact us at: Appt Ninja, LLC Address: 3225 McLeod Drive, Ste. 100, Las Vegas I, Nevada 89121 Phone: (877) 916-4652 Email: support@apptninja.com
Contact Information
If you have any questions about this Agreement, please contact us at:
Appt Ninja, LLC
Address: 3225 McLeod Drive, Ste. 100, Las Vegas I, Nevada 89121
Phone: (877) 916-4652
Email: support@apptninja.com
