Last Updated 11 August, 2025
Please read these Terms and Conditions (“Terms”) carefully before using the services offered by SocialSchedules Inc.(“SocialSchedules,” “we,” “us,” or “our”). These Terms (which incorporate SocialSchedules’ Privacy Policy by reference) set forth the legally binding terms and conditions for your use of SocialSchedules’ websites, mobile applications, and related software platforms and services (collectively, the “Platform” or “Services”). By installing, accessing, or using the Platform in any manner, you (“User” or “you”) acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree with these Terms, you must not use or access the Platform.
By installing, accessing, or using the Platform in any manner (including, for example, by clicking an “I Accept” button or checking a box during account registration), you (“User” or “you”) acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree with these Terms, you must not use or access the Platform.
We reserve the right to modify or update these Terms at any time. We will provide notice of changes by posting the updated Terms on our website or through the Platform and updating the “Last Updated” date above. It is your responsibility to review these Terms periodically. Your continued use of the Platform after any changes become effective constitutes acceptance of the revised Terms, without need for further affirmative action by you.
1.1 Legal Capacity: You may use the Platform only if you are legally capable of forming a binding contract with SocialSchedules and only in compliance with these Terms and all applicable laws. Individuals under 13 years of age are strictly prohibited from using the Platform. If you are under 18 (but at least 13), you may use the Platform only with the involvement and consent of a parent or legal guardian, who agrees to be bound by these Terms. By using the Platform, you represent that you meet the applicable age requirements and have the legal capacity to agree to these Terms.
1.2 Account Registration: Certain features of the Platform require you to register for an account. When registering, you agree to provide accurate, current, and complete information and to keep this information updated. You are responsible for maintaining the confidentiality of your account login credentials and for all activities that occur under your account. You must safeguard your username and password and not share them with any unauthorized person. If you believe your account has been compromised or accessed without authorization, you must notify SocialSchedules immediately.
1.3 Entity Accounts: If you are registering or using the Platform on behalf of a company or other legal entity (such as an employer, business, or organization, collectively a “Company” or “Merchant”), you represent and warrant that you have the authority to bind that entity to these Terms. In that case, all references to “you” in these Terms include the entity you represent, and you agree to these Terms on the entity’s behalf.
1.4 Compliance with Laws: You are solely responsible for ensuring that your use of the Platform is in compliance with all laws, regulations, and ordinances applicable to you. You may not use the Platform in any jurisdiction or for any purpose that would violate local, state, national, or international laws or regulations. The right to access the Platform is revoked where these Terms or use of the Platform is prohibited by law.
1.5 Users of the Platform: These Terms apply to all users of the Platform and Services. This includes, without limitation: (i) Customers such as Companies or Merchants who pay for or subscribe to the Services; (ii) individual end users who use the Platform in connection with a Customer’s account (for example, managers, employees, workers, delivery drivers, or independent contractors using the Platform – collectively referred to in these Terms as “Workers” when applicable); and (iii) other third-party beneficiaries who may benefit from or be affected by the Services. For example, if you are an end-customer receiving a delivery arranged through InhouseDelivery, you are not a direct party to these Terms but are a third-party beneficiary of certain provisions (such as disclaimers and liability limitations) related to that delivery service. All such persons and entities are expected to abide by the relevant terms applicable to their use or interaction with the Platform.
SocialSchedules Inc. provides a suite of online and mobile software services aimed at workforce management and related business operations. Our Platform includes the following offerings (collectively, the “Services” under these Terms):
● SocialSchedules Scheduling and Workforce Management: A labor management solution that enables businesses to create and manage employee work schedules, track time and attendance, facilitate team communication, and assist with labor law compliance. SocialSchedules offers both a free version and paid subscription plans with additional features. The platform may be accessed via web or mobile app by employers (managers) and their employees.
● White label (Point of Sale Integration): White-labeled versions of the SocialSchedules scheduling platform embedded in third-party vendors’ POS systems and branded as required. This service allows third party merchant clients to utilize SocialSchedules’ scheduling and workforce management features within their Online environment. Merchants accessing SocialSchedules via white label vendors typically receive a free trial period and then transition to a paid monthly plan. Use of the white label integration may be subject to the Third-Party Vendor’s own terms of use in addition to these Terms (see Section 8 below on Third-Party Services). End users (e.g. employees) are required to agree to these SocialSchedules Terms as a condition of access.
● InhouseDelivery (“IHD”): A delivery facilitation platform for merchants (such as restaurants) to manage takeout and delivery orders. InhouseDelivery enables Merchants to dispatch delivery orders either by connecting with third-party on-demand delivery service partners or by using the Merchant’s own delivery drivers (“self-delivery”). The IHD service allows a Merchant to request a delivery, at which point a third-party delivery provider (e.g., a courier network) may be engaged to fulfill the delivery, or the Merchant’s in-house driver is assigned. Merchants will typically pay a flat service fee per delivery order facilitated through IHD. In addition, if third-party delivery partners are used, SocialSchedules (through IHD) will collect from the Merchant any applicable third-party delivery charges, such as the driver’s fee and gratuity, and remit those amounts to the third-party provider on the Merchant’s behalf. IHD is offered to Merchants for business use only (the platform is not intended for personal, family, or household use). Important: All users of InhouseDelivery (including Merchants and any delivery personnel using the IHD system) are subject to additional third-party terms and legal requirements as described in Sections 7.3 and 8.2 of these Terms.
● SocialSchedules Payroll Add-On (“Payroll”): An optional paid add-on service that provides payroll processing capabilities for businesses using SocialSchedules. SocialSchedules has partnered with Check Technologies, Inc. (CheckHQ) to deliver payroll services through the Platform. When a SocialSchedules customer enables the Payroll feature, time clock and employment data from the SocialSchedules platform will be transferred to the payroll system to calculate wages, taxes, and to facilitate payments to employees and contractors. This Payroll service allows employers to pay their staff directly through the Platform, handling wage calculations, tax withholdings, and direct deposits. The Payroll add-on is governed both by these Terms and by additional terms from our payroll partner, CheckHQ (see Section 8.3). Note: Payroll services may in the future also be available to White Label vendor users; in such cases, whether SocialSchedules or the integration partner is responsible for obtaining consent to payroll terms will depend on the partnership arrangement, but the substantive obligations outlined in these Terms will still apply to any user of the Payroll feature.
Service Modifications: SocialSchedules continually improves and evolves its Services. We reserve the right to add new features, modify existing features, or discontinue specific functionality of the Platform at any time. Any new feature or tool that augments or enhances the current Services (including the release of new products or services under the SocialSchedules umbrella) will be subject to these Terms unless stated otherwise. We also reserve the right to establish or modify, in our sole discretion, usage limits and other requirements for some or all of our Services.
3.1 Platform as a Facilitator: The SocialSchedules Platform is a tool that facilitates communication, scheduling, and transactions between different parties, such as employers (Companies/Merchants), their employees or contractors (collectively, “Workers”), and in some cases, third-party service providers (e.g., delivery couriers or payroll processors). SocialSchedules is not an employer of your Workers, and nothing in these Terms creates an employment, joint venture, partnership, or fiduciary relationship between SocialSchedules and any User (whether a Company, Worker, or other party). Companies and Workers use the Platform to interact with each other for scheduling, staffing, payroll, or delivery purposes, but SocialSchedules itself is not a party to any employment, contractor engagement, or delivery service contract that may arise between a Company and a Worker or between a Merchant and a delivery provider.
3.2 Responsibilities of Companies (Merchants): If you use the Platform as a Company or Merchant (for example, to manage employees or to request delivery services), you acknowledge and agree that you are solely responsible for complying with all laws and regulations applicable to you as an employer and/or as a business operator. This includes, without limitation, responsibility for: hiring, classifying, and compensating your Workers; ensuring proper wage and hour compliance (e.g. minimum wage, overtime, breaks, scheduling notifications); providing any benefits and insurance required by law; withholding and remitting applicable taxes; complying with labor, employment, anti-discrimination, and workplace safety laws; and obtaining any licenses or permits required for your business operations (including any licenses required to offer delivery services or handle regulated goods). You are also exclusively responsible for supervising and controlling your personnel, managing your workplace, and addressing any performance, conduct, or disciplinary issues with your Workers. SocialSchedules does not supervise or manage workers on your behalf and is not responsible for any employment decisions you make.
In the context of InhouseDelivery, if you are a Merchant using the Platform to facilitate deliveries, you additionally agree to comply with all laws and regulations applicable to the delivery of goods in your jurisdiction. This includes (as applicable) ensuring that any goods delivered (for example, food, alcohol, or other products) are delivered in compliance with health and safety regulations, age-restricted product laws, and any other rules (such as prohibitions on delivering alcohol to minors, or dangerous items). If you use your own employees or contractors as delivery drivers, you are responsible for ensuring those drivers are properly trained, licensed, and insured according to local requirements, and that they meet any legal criteria to perform delivery work (for instance, having a valid driver’s license, auto insurance, and any necessary permits). If you utilize third-party delivery services via InhouseDelivery, you are responsible for adhering to any requirements those third-party providers place on merchants (for example, proper packaging and labeling of goods, readiness of orders for pickup, etc.). The terms and conditions of third-party service providers used by InhouseDelivery can be found here. SocialSchedules is not the merchant of record for your goods and is not responsible for the contents of deliveries you send out; you bear all responsibility for your products and compliance with laws regarding their sale and transport.
3.3 Responsibilities of Workers (Employees and Contractors): If you use the Platform as a Worker (such as an employee accessing scheduling information, clocking in/out, or a delivery driver accepting delivery assignments via InhouseDelivery), you agree that you are using the Platform at the direction of your employer or engaging Company. You acknowledge that SocialSchedules is not your employer or hiring entity. You must use the Platform in compliance with all instructions from the Company that employs or contracts you, so long as those instructions do not conflict with these Terms. You are responsible for maintaining the confidentiality of any Company information you access via the Platform and for performing your job duties in accordance with applicable law. If you are a delivery driver using the Platform (either as an employee of a Merchant or as an independent contractor engaged through a third-party delivery partner), you are responsible for holding any licenses, permits, or insurance required to provide delivery services and for following all applicable traffic and safety laws.
3.4 No Joint Employment or Agency: You agree and affirm that no joint employment, joint venture, agency, or partnership relationship exists between you and SocialSchedules as a result of your use of the Platform. SocialSchedules is not a joint employer with any Company with respect to any Worker, and SocialSchedules does not act as an agent for any User in a legal sense. Each Company is solely responsible for any obligations as an employer or principal, and each Worker is responsible for obligations as an employee or contractor, as between themselves. If, notwithstanding this Section, a court or agency were to determine that SocialSchedules is a joint employer of a Company’s employee or worker, the Company agrees to indemnify and hold SocialSchedules harmless from any claims, liabilities, or expenses that arise from such determination (see Section 13.2 for additional indemnity obligations).
3.5 Merchant and Customer Relationship (Deliveries): When using InhouseDelivery, any delivery order placed by a Merchant constitutes a contract between the Merchant and the end-customer (recipient of the goods) and, where third-party couriers are used, between the Merchant and the third-party delivery provider. SocialSchedules is not a party to any purchase or sale of goods between a Merchant and its customer, nor is SocialSchedules a party to the contract of carriage or delivery of the goods. The Platform simply facilitates the coordination and communication. The Merchant is responsible for any customer service issues, complaints, or disputes with the end-customer regarding the goods or their delivery (except to the extent a third-party courier has liability under its terms of service). Likewise, any third-party courier who accepts a delivery request via InhouseDelivery is an independent contractor or service provider and not an employee or agent of SocialSchedules. SocialSchedules does not direct or control the couriers; their services are governed by their own agreements with the third-party provider network.
3.6 Disclaimer of Verification Responsibilities: SocialSchedules provides a software Platform to facilitate interactions between Users, but SocialSchedules does not verify or guarantee the legal qualifications or compliance obligations of any User. You understand and agree that SocialSchedules is solely a platform provider and does not assume responsibility for performing background checks or ensuring that Users meet legal requirements. Without limiting the generality of the foregoing, and by way of clarification:
● Work Authorization: SocialSchedules does not verify the employment eligibility or work authorization of any Worker or User, including (but not limited to) individuals using the core SocialSchedules scheduling platform, any White Label integration, or the Payroll Add-On. It is solely the Customer’s (employer’s) responsibility to confirm that each Worker is legally authorized to work in the relevant jurisdiction. For example, if you hire or onboard a new employee via the Platform or pay a Worker through the Payroll Add-On, you are responsible for completing all required employment eligibility verification procedures (such as the U.S. Form I-9 process for work authorization) and for confirming and documenting that individual’s right to work. SocialSchedules does not conduct employment eligibility checks on your behalf.
● Driver’s Licenses & Delivery Qualifications: SocialSchedules does not verify that any delivery driver, courier, or other Worker has a valid driver’s license, maintains active insurance coverage, or is otherwise legally permitted to perform delivery services. If you use InhouseDelivery (or any delivery feature of the Platform), you as the Merchant are solely responsible for ensuring that any person delivering your goods is properly licensed and insured and meets all legal qualifications to perform such deliveries. This includes verifying any required driving credentials or permits for your own employees or contractors. SocialSchedules plays no role in vetting or certifying the qualifications of drivers or delivery personnel.
● Age-Restricted Products & Recipient Eligibility: SocialSchedules does not verify the age, identity, or legal eligibility of end customers who place orders or receive deliveries through the Platform. If your business involves the sale or delivery of age-restricted or regulated goods (for example, alcohol, tobacco, or cannabis products), you are solely responsible for complying with all laws regarding the sale and delivery of those goods to eligible recipients. This means that it is your obligation (and that of your delivery personnel or third-party courier) to check recipient identification and age where required. For instance, if you are delivering alcohol using InhouseDelivery, you and your driver must verify the customer’s age by reviewing a government-issued ID at the time of delivery to ensure the recipient is of legal drinking age. SocialSchedules does not conduct such ID checks or otherwise confirm whether a delivery recipient is legally allowed to receive the product; that duty rests entirely with you as the Merchant.
● Platform’s Limited Role: By providing the Platform, SocialSchedules is not acting as an employer, delivery service, or compliance officer for any party using the Platform. SocialSchedules does not supervise or manage your employees or delivery drivers, nor do we monitor your operations for legal compliance. Our role is limited to providing the technological means for Companies, Workers, and third-party service providers to connect and transact. All responsibilities related to hiring, employment verification, workplace compliance, delivery of goods, and verification of qualifications or customer eligibility lie with you and the other Users of the Platform. No action by SocialSchedules shall be construed as SocialSchedules assuming any of those responsibilities.
4.1 Fees for Services: SocialSchedules offers both free and paid Services. Some core features of the SocialSchedules scheduling platform are available without charge, while advanced features or add-on services (such as certain compliance tools or communication features) may require a paid subscription. Similarly, White Label integration is provided as a time-limited free trial, after which continued use requires a paid plan. InhouseDelivery operates on a transaction-fee basis (e.g., a fixed fee per delivery request), and the Payroll add-on is a paid feature (pricing may be based on a subscription and/or per-employee or per-payroll processing fees). The specific fees and pricing for each Service will be as set forth on our website, within the Platform, or in a separate order form or agreement provided to you at the time of sign-up or purchase (the “Order Form” or pricing page for your plan).
4.2 Acceptance of Pricing: If you elect to use any paid Services or features, you agree to the fees and billing terms applicable to those Services. All fees are stated and payable in U.S. Dollars, unless otherwise specified. Pricing and available subscription plans are determined by SocialSchedules (or its authorized partners, in the case of integrated White Label offerings) and may be updated from time to time. By providing a payment method (such as a credit card or bank account information) and selecting a paid plan or feature, you authorize SocialSchedules (or our designated payment processor) to charge your payment method for all applicable fees, including recurring subscription fees, transaction fees, and any applicable taxes and surcharges.
4.3 Subscription Plans: For Services offered on a subscription basis (e.g., monthly or annual plans for the core SocialSchedules platform or Workforce), fees will be charged in advance on a recurring cycle (monthly, annually, or as otherwise stated). Your subscription will automatically renew at the end of each billing cycle unless you cancel in accordance with these Terms. You will be billed the then-current subscription rate (plus applicable taxes) upon renewal. SocialSchedules reserves the right to change subscription rates and will provide notice of any price increases in advance in accordance with applicable law (generally via email or via the Platform). If you do not agree to a price change, you must cancel your subscription before the new rate takes effect; otherwise, continued use of the Service constitutes agreement to the new pricing.
4.4 InhouseDelivery Fees: If you use InhouseDelivery, you agree to pay the service fees for each delivery order as specified by SocialSchedules (such fees may be posted on our website or within your Merchant dashboard). InhouseDelivery fees may be charged on a per-delivery basis or invoiced periodically. You also agree that SocialSchedules (through the Platform) will charge or invoice you for any third-party delivery charges associated with your orders, such as fees payable to the external courier or delivery service and any tip amount that you have agreed to pay or pass through. By using IHD, you authorize SocialSchedules to charge the payment method on file for all such fees and amounts, or to offset such amounts from your account balance, as applicable. In some cases, SocialSchedules may require you to maintain a deposit or minimum account balance to cover delivery charges, or may set credit limits; if required, you agree to comply with any such requirements for using the service. All per-delivery fees are earned upon completion of the delivery request and are non-refundable, except as expressly set forth in a separate service agreement or as required by law.
4.5 Payroll Service Fees: If you activate the SocialSchedules Payroll add-on, you agree to pay all fees associated with payroll processing as communicated to you at the time of activation or enrollment. Payroll service fees may include base subscription fees, charges per payroll run, per employee/contractor processed, and/or fees for additional services (such as year-end tax form processing, W-2/W-9 filings, etc.). These fees will either be billed by SocialSchedules as part of your overall subscription or may be billed separately by our payroll partner (CheckHQ) as described in the payroll terms. You must provide and maintain a valid payment method for payroll services, and you authorize SocialSchedules or its payroll partner to debit your account for all payroll-related fees in addition to funding the payroll itself (see Section 8.3 and Section 12 for additional terms related to payroll processing and funds authorization). Failure to pay payroll service fees when due may result in suspension of payroll services and could also halt salary payments to your employees, for which you will be solely responsible.
4.6 Taxes: All fees charged by SocialSchedules are exclusive of any taxes, levies, or duties (such as sales tax, VAT, GST, or withholding taxes) that may be imposed in connection with your use of the Services. You are responsible for paying any applicable taxes associated with your purchases or use of the Platform, other than taxes on SocialSchedules’ income. If SocialSchedules is required to collect any taxes, those will be added to your billing amount.
4.7 No Refunds; Late Payments: All payments are non-refundable except where required by law or expressly stated otherwise by SocialSchedules in writing. This means that if you cancel a subscription in the middle of a billing cycle, or if you do not use a Service for which you have paid, you will not be entitled to a refund for the unused period (unless a specific refund policy applies to your purchase or jurisdiction). If any fees owed by you to SocialSchedules are past due, we reserve the right to suspend or terminate your access to the paid Services, and to charge interest at the lawful maximum rate on any outstanding balance. You will be responsible for SocialSchedules’ costs of collection for overdue amounts, including reasonable attorneys’ fees.
4.8 Third-Party Payment Processors: SocialSchedules uses secure third-party payment processors to handle credit card and ACH transactions. By paying for any Service, you agree to the processing, storage, and handling of your payment information by our payment processors, subject to their terms and privacy policies. SocialSchedules is not responsible for any error or security lapse by these processors, but we will make reasonable efforts to ensure that your payment information is handled securely.
4.9 Mobile Carrier Charges: Accessing or using the Platform via a mobile application or mobile network may subject you to data charges, SMS/MMS fees, or other fees from your wireless carrier. You are solely responsible for any such mobile carrier charges incurred through use of the Platform. SocialSchedules is not liable for any data or messaging fees charged by your carrier.
5.1 License to Use Our Platform: Subject to your compliance with these Terms, SocialSchedules grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform and Services for your internal business purposes (if you are a Company) or for your personal use in connection with your employment/engagement (if you are a Worker). This license is provided solely to allow you to utilize the features of the Platform as intended and as permitted by these Terms. You may download and install our mobile applications on your personal device(s) and access our web applications through a standard web browser, solely for lawful use of the Services. No other use of the Platform or its content is authorized.
5.2 Ownership: Except for the limited license expressly granted to you in these Terms, SocialSchedules and its licensors retain all right, title, and interest in and to the Platform and Services, including all software, technology, algorithms, content, information, and materials used therein or provided thereon, and all associated intellectual property rights. The Platform (including any copies of software or documentation) is licensed, not sold, to you. SocialSchedules’ names, logos, and all related product and service names, design marks, and slogans are trademarks of SocialSchedules (or its affiliates or partners) and you are not authorized to use any such marks without our prior written permission. All other names and logos on the Platform may be trademarks of their respective owners and are used by SocialSchedules with permission or under license.
5.3 Feedback: If you choose to provide any suggestions, ideas, enhancement requests, or other feedback regarding the Platform (“Feedback”), you hereby grant SocialSchedules a perpetual, irrevocable, worldwide, royalty-free right and license to use, modify, and incorporate such Feedback into our products and services without any obligation to you.
5.4 Reservation of Rights: SocialSchedules reserves all rights not expressly granted to you in these Terms. No rights or licenses are granted by implication or estoppel. You may not use the Platform in any manner or for any purpose not expressly permitted by these Terms.
You agree to use the Platform only for lawful purposes and in accordance with these Terms. You are responsible for all of your activities in connection with the Services. To preserve the integrity and security of the Platform, and to ensure a positive experience for all users, you agree not to engage in any of the following prohibited activities:
6.1 Misuse of the Platform: You will not alter, modify, adapt, reproduce, or create derivative works of the Platform or any portion thereof, except as necessary to use the Platform for its intended purpose. You will not copy, distribute, or display any part of the Platform (other than your own data) unless expressly authorized by SocialSchedules.
6.2 Reverse Engineering: You will not reverse engineer, decompile, disassemble, or attempt to discover the source code or underlying algorithms of any portion of the Platform, nor attempt to bypass or circumvent any security features or access controls of the Platform.
6.3 Unauthorized Access and Accounts: You will not access or use any non-public areas of the Platform, or any other user’s account, without permission. Impersonating another person or entity, or misrepresenting your affiliation with a person or entity, or using another user’s login credentials, is strictly prohibited. You will not share your own account credentials with unauthorized persons or allow others to access the Platform through your account.
6.4 Commercial Exploitation and Competition: You will not sell, rent, lease, sublicense, transfer, or redistribute the Platform or any portion thereof to any third party. You will not use the Platform to provide time-sharing, service bureau, or other services to third parties (except to the extent you are a Manager providing scheduling services to your own employees via the Platform, which is an intended use). Additionally, you will not access the Platform for the purpose of building a competitive product or service, or copy any ideas, features, functions, or graphics of the Platform for competitive reasons.
6.5 Removal of Notices: You will not remove, obscure, or alter any copyright, trademark, or other proprietary rights notices displayed in the Platform or on any content or materials obtained via the Platform. This includes not removing or altering any branding, logos, or legal text within the application interfaces.
6.6 No Illegal or Harmful Use: You will not use the Platform for any unauthorized or illegal purposes, or in furtherance of any activity that would violate these Terms. This means you will not use the Platform to: (a) violate any law or regulation (including data privacy laws, export control, or sanctions laws); (b) exploit, harm, or attempt to exploit or harm minors in any way; (c) victimize, harass, degrade, or intimidate any individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (d) promote or engage in any criminal activity or provide instructional information about illegal activities; or (e) solicit or offer services for any illegal or unauthorized purpose.
6.7 No Data Mining or Scraping: You will not use any automated means—such as bots, spiders, scrapers, or scripts—to access, query, or gather information from the Platform, except for legitimate search engine indexing or as expressly permitted by SocialSchedules. You will not harvest or collect information about other users without their consent.
6.8 Interference with the Platform: You will not (a) interfere with or disrupt the operation of the Platform or servers, networks, or systems connected to the Platform in any manner (including by transmitting any worms, viruses, malware, or any code of a destructive nature); (b) take any action that imposes or may impose (as determined by SocialSchedules) an unreasonable or disproportionately large load on our infrastructure; or (c) attempt to interfere with any security feature or access control measure of the Platform (for example, you will not attempt to probe, scan, or test the vulnerability of any system or network of SocialSchedules).
6.9 Improper Use of Platform Content: You will not upload, post, or send via the Platform any content or material that infringes any third party’s rights or that contains software viruses or any other computer code designed to interrupt, destroy, or limit the functionality of any software or hardware. You will not use framing techniques to enclose any trademark, logo, or other proprietary information (including images or text) of SocialSchedules without our express written consent.
6.10 Compliance with Third-Party Terms: If your use of the Platform involves connecting to or using any third-party service or integration (for example, logging in through a third-party platform, using a payroll or delivery partner via the Platform, etc.), you agree to comply with the applicable terms of service of that third-party. You will not use the Platform to engage with any third-party service in a manner that violates the third party’s terms or policies.
SocialSchedules reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates the above rules, including terminating or suspending the user’s account or access to the Platform without notice. We may also remove or disable access to any content or resource that violates these provisions.
7.1 User Content: Certain features of the Platform may allow users to submit, upload, or share content and information, including but not limited to profile information, photos, text, messages, schedules, shift notes, time entries, and other materials (collectively, “User Content”). For example, as a Company you might upload employee information or shift schedules; as a Worker you might fill in your profile, post your availability or swap shifts, or communicate with your employer or colleagues through the Platform. You retain ownership of any intellectual property rights that you hold in the User Content you post to the Platform. SocialSchedules does not claim ownership of your User Content. However, by providing or making available any User Content on the Platform, you grant SocialSchedules certain rights to that content as described below.
7.2 Prohibited User Content: You agree not to post or transmit any User Content that:
(i) Is Harmful or Illegal: Creates a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to any person or to any animal; or which may create a risk of any other loss or damage to any person or property; or which constitutes or contributes to a crime or tort; or that contains any information or content that is unlawful in any jurisdiction (including insider information, or another party’s confidential or personal information without authorization).
(ii) Exploits or Harms Minors: Seeks to harm or exploit children or minors in any way, including by exposing them to inappropriate content, asking for personally identifiable details, or otherwise.
(iii) Offensive or Harassing: Is defamatory, libelous, or harassing; is threatening or promotes violence; is obscene or pornographic; contains hate speech, hate symbols, or any material that is racially or ethnically offensive, or otherwise discriminatory or objectionable.
(iv) Infringes Rights: Infringes or violates the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party (including but not limited to copyright, trademark, trade secret, patent, moral rights, or rights of privacy/publicity). You agree not to upload any content you do not have the legal right to make available.
(v) False or Misleading: Contains information that you know is not correct and current, or that is intended to deceive others. This includes impersonating another person or entity, or falsely stating or implying an affiliation with any person or entity.
(vi) Violates Policies: Violates any other company policy or guidelines that SocialSchedules may communicate to you (such as any community standards or usage guidelines for a particular feature of the Platform, if applicable).
SocialSchedules has the right, but not the obligation, to review, monitor, or remove User Content at our sole discretion and at any time, for any reason, without notice to you. We may delete or remove any User Content that, in our judgment, violates these Terms or that may be offensive, illegal, or that may harm, violate the rights of, or threaten the safety of any person. However, SocialSchedules does not assume any responsibility or liability for User Content, nor any failure to remove or delay in removing such material.
7.3 License Grant to SocialSchedules: By submitting or posting User Content on or through our Platform, you hereby grant SocialSchedules a worldwide, non-exclusive, royalty-free, fully-paid, perpetual, irrevocable license (with the right to sublicense through multiple tiers) to use, host, store, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your User Content (in whole or in part) for the purposes of operating, providing, improving, and promoting our Services, and for developing new services. This license includes, for example, the right for us to use and display your posted schedules or communications to the intended recipients, to analyze your content through automated systems for product improvement (e.g., to build better scheduling algorithms or compliance tools), and to include your content in anonymous, aggregated data reports. It also includes the right to use your User Content (such as any business name, trademark, or logo that you may provide as part of your profile) in marketing or publicity materials for the Platform, but we will not use your trademarks publicly in a way that suggests endorsement without your permission.
To the extent allowed by law, the above license also grants SocialSchedules the right to use your name, likeness, and/or any username or alias you submit in connection with your User Content, in each case only as required to provide the Services (for example, showing your name and photo in a chat message you send through the Platform). You represent and warrant that you have all rights and permissions necessary to grant the foregoing license to SocialSchedules and that our use of your User Content in accordance with these Terms will not infringe or violate the rights of any third party.
7.4 Data Processing and Privacy: You acknowledge that SocialSchedules may process personal data and other information that you and your Users (e.g., employees or contractors) input into the Platform, in order to provide the Services. Our collection, use, and sharing of personal information through the Platform is governed by our Privacy Policy. By using the Services, you consent to such processing and you represent that you have provided any necessary notices and obtained any required consents from individuals whose personal data you input into the Platform, including permission to transfer such data to third-party service providers as needed for providing the Services. If you are a Company, this means you confirm that you have the right to provide your employees’ or contractors’ data to SocialSchedules and its third-party service providers, and to authorize us to process it as part of the Services (for example, storing employee contact information, schedules, time worked, etc., and transmitting that information to the payroll provider if you use the Payroll feature).
With respect to InhouseDelivery, if you provide us with personal information of your end-customers (for example, a customer’s name, phone number, or delivery address in order to facilitate a delivery), you represent and warrant that you have the legal right to share that information with us for the purpose of providing the delivery facilitation and related services. You further agree that SocialSchedules may use and transmit that information as necessary to fulfill the delivery request – for example, sharing the delivery address and contact information with a third-party courier and sending communications to your customer on your behalf (such as SMS or email updates about delivery status) – all in accordance with our Privacy Policy and applicable law. It is your responsibility to ensure you have any required permission or consent from the customer to provide this data to SocialSchedules for these purposes. (See also Section 8.2 below regarding third-party delivery provider terms and certain advertising uses in InhouseDelivery.) All personal data input into or collected by the Platform is handled in accordance with our Privacy Policy and any applicable data processing agreements.
California Privacy Rights: We may share your personal information with third-party partners and service providers as needed to operate the Platform. In doing so, we do not ‘sell’ personal data for money; however, under California law some data sharing (for example, for cross-context behavioral advertising) might be considered a ‘sale’ or ‘sharing’. If you are a California resident, you have the right to direct us not to sell or share your personal information (the “Do Not Sell or Share My Personal Information” right). To exercise this right at any time, you may contact us at privacy@socalschedules.com with your request (or use any provided “Do Not Sell or Share” link on our site). By using our Platform, you consent to the collection, use, and transfer of your personal data as described in these Terms and our Privacy Policy, subject to your rights to opt out as described above.7.5 Responsibility for Content; Backups: You are solely responsible for maintaining backups of your User Content outside the Platform if you desire. We do not guarantee that User Content posted on the Platform will remain available or accessible, and we do not promise to retain data for any specific period unless required by law. (However, see Section 14 regarding post-termination data retention for a limited time for certain scheduling records.) SocialSchedules will employ reasonable measures to protect User Content against accidental or unlawful loss or unauthorized access, but we are not liable for any loss or corruption of User Content, and you are advised to maintain copies of important information.
7.6 Data Retention: SocialSchedules will retain your personal information for up to five (5) years following your last use of the Platform or Services, unless a longer retention period is required by law or justified by legitimate business needs. This retention policy applies to all categories of individuals whose data we process (including Customers, Workers, end-customers of deliveries, etc.). During this period, your data remains subject to these Terms and our Privacy Policy. Importantly, nothing in this section limits your rights under applicable law – you may request deletion of your personal data at any time, and we will comply as required (for example, honoring verified deletion requests from California residents under the CCPA/CPRA). After five years from your last interaction or upon a valid deletion request (whichever comes first), we will delete or irreversibly anonymize your personal data in accordance with our data retention policies and applicable law, except to the extent we are legally required to retain certain information or allowed to retain it for specific legitimate purposes.
Our Platform integrates with or links to various third-party services to provide certain features. If you choose to use these integrated or linked services, you agree to the third parties’ terms and conditions as applicable, and acknowledge that those third parties are solely responsible for their services. Below are specific third-party relationships and terms relevant to SocialSchedules Services:
8.1 Third-Party Websites and Links: The Platform or content on the Platform may contain links to third-party websites or resources that are not owned or controlled by SocialSchedules. For example, our website may include links to partners or informational resources, and our mobile app may enable you to navigate to third-party websites. SocialSchedules is not responsible for the content, policies, or practices of any third-party websites or services. Once you leave our Platform or are redirected to a third-party service, you should review the applicable terms and privacy policies of that third party. Inclusion of any link or integration does not imply endorsement by SocialSchedules. If you interact with third-party websites or services, you do so at your own risk, and you agree that SocialSchedules will have no liability arising from your use of or access to any third-party resource.
8.2 InhouseDelivery – Third-Party Delivery Providers & Advertising: When you use InhouseDelivery to request deliveries through third-party delivery partners (such as DoorDash, Uber, Routemasters, or other courier networks), you are also agreeing to abide by the terms of service of those third-party providers which can be found here. Each delivery partner has its own rules regarding what can be delivered, service standards, liability, and dispute resolution. By using InhouseDelivery, you acknowledge and consent that: (a) your delivery requests and relevant data (such as order details and pickup/delivery addresses) will be transmitted to the chosen third-party delivery provider, and any courier who accepts the job will handle the delivery pursuant to that provider’s terms; (b) you (the Merchant) are bound by the third-party provider’s terms and conditions in relation to each delivery (including any limitations of liability or requirements placed on you as a shipper/merchant); and (c) if a dispute or issue arises from the courier’s delivery service (such as loss, damage, or late delivery), you will resolve that issue directly with the third-party provider and not through SocialSchedules (however, we will reasonably assist in providing information or support to facilitate resolution).
InhouseDelivery also supports self-delivery by Merchants’ own drivers. If you use self-delivery, any references to third-party terms above won’t apply for those deliveries, but you remain responsible for your drivers’ compliance with all applicable laws and for carrying appropriate insurance as required (SocialSchedules will not provide any insurance for self-delivery).
Advertising and Cookies: As part of the InhouseDelivery service, SocialSchedules may send your customer (the end recipient of the delivery) a tracking link or web page allowing them to follow their delivery status in real-time. You agree that SocialSchedules may display promotional content or advertisements to your customers via such tracking pages or other communications related to the delivery. SocialSchedules may also use cookies or similar tracking technologies on the delivery tracking page to collect analytics and user interaction data, which may be used for improving our services or for marketing purposes (for example, to identify future advertising opportunities or to retarget your customers with advertisements for your business or related services, in accordance with our Privacy Policy). You represent and warrant that you have obtained any necessary consent from your customers for SocialSchedules to send them such communications (including SMS messages with tracking links) and to use their interaction data for advertising/analytics purposes. If a customer opts out of receiving communications or if you instruct us not to send promotional content, we will comply to the extent required by law, but it is your responsibility as the Merchant to inform your customers about any such data use in your own privacy notices if required. SocialSchedules does not solicit personal data directly from your end-customers in the course of providing IHD (aside from the information needed to fulfill the delivery), and we consider any data collected about your customers via IHD as your data (which we handle in accordance with our Privacy Policy and any applicable data processing agreements with you).
8.3 Payroll Services (CheckHQ Partnership): If you enable the SocialSchedules Payroll add-on, the payroll processing and related financial services are provided in part by our third-party partner, Check Technologies, Inc. (“Check”). By opting into Payroll services through SocialSchedules, you agree to comply with Check’s Payroll Terms of Service (the “Check Payroll User Service Terms”), which can be accessed any time on Check’s website (e.g., via their company Terms at checkhq.com, https://www.checkhq.com/company/terms and https://www.checkhq.com/company/employerterms and any specific payroll user terms). The following additional terms apply to your use of the Payroll add-on, in addition to any terms from Check:
● Authorization to Share Data: You authorize SocialSchedules to transmit relevant data (including Company information, employee personal information, hours worked, wages, tax withholdings, bank account info, etc.) to Check and its affiliated banking partners as necessary to provide the payroll service. You also authorize SocialSchedules and Check to store such data and use it for processing payroll, paying your employees/contractors, and remitting taxes or other withholdings to appropriate authorities. All data transfers will be handled in accordance with our Privacy Policy and applicable law.
● Accuracy of Information: You are responsible for providing complete and accurate information requested for payroll processing. This includes, but is not limited to, your company’s legal name, Employer Identification Number (EIN), tax withholding IDs, employee names, addresses, Social Security or taxpayer IDs, wage rates, hours, overtime, deductions, contributions, and any other data required to calculate and pay your employees and to file taxes. You must promptly update any information if it changes. SocialSchedules and Check may rely on the information you provide without verifying its accuracy; any errors or omissions in that information are your responsibility. You agree that neither SocialSchedules nor Check will be responsible for any penalties, fines, taxes, or interest assessed due to incorrect or incomplete information you supplied or your failure to timely provide updated information. (For example, if you input an employee’s wage incorrectly or fail to inform us of a tax status change, you bear any resulting liability or cost.)
● Funding and Payments: To use the payroll service, you must connect a valid business bank account or other approved funding source to cover payroll payments and related fees/taxes (“Payroll Funding Account”). You authorize SocialSchedules and/or Check to initiate debits from your Payroll Funding Account for all amounts required to pay your employees and contractors, as well as to pay applicable payroll taxes, third-party withholdings (like garnishments or child support, if applicable), and service fees. These debits may occur each payroll period as well as for off-cycle payments or adjustments. You agree to maintain sufficient funds in the designated account on the designated funding date for each payroll run. Typically, funds for payroll (including wages and taxes) will be debited a few days before the employee payday to ensure timely direct deposit; you will be notified of the timing and amount in advance via the Platform. If a debit attempt fails due to insufficient funds or any other reason within your control, SocialSchedules and Check are under no obligation to process the payroll, and you will be responsible for any resulting bank fees or penalties. We may suspend payroll services (including withholding tax filings) until adequate funds are provided. You also agree that if any payroll debit is returned or rejected, SocialSchedules/Check may re-initiate the debit or seek the funds via other methods, and you will be liable for any associated fees.
● Payroll Compliance and Legal Responsibilities: The payroll service will assist you by calculating wages, applicable taxes, and generating payroll reports/filings. However, you as the employer remain ultimately responsible for compliance with all federal, state, and local wage and hour laws, employment tax obligations, and other employment-related laws. SocialSchedules and Check are not providing legal, financial, or tax advice by offering the payroll tool. You should consult your own advisors to ensure all aspects of your payroll (e.g., employee classifications, overtime exemptions, tax withholdings, filings, labor law postings, etc.) are compliant. You are responsible for timely reviewing all payroll outputs (such as pay stubs, tax filings, and reports) for accuracy. While the payroll service may prepare and submit certain tax filings or payments on your behalf (if part of the service scope), you must ensure you have provided all required information and have satisfied any prerequisites (for example, granting power-of-attorney or third-party access to us for tax agency accounts if required). You agree to promptly address and resolve any notices or discrepancies from taxing authorities related to your payroll, and to notify SocialSchedules/Check if you receive any communication from a tax agency that affects the services. If any payroll-related compliance issue arises (such as a tax underpayment, late filing, penalty, or employee claim) due to your action or inaction (for instance, providing late or incorrect data, or failing to have sufficient funds), you bear full responsibility for such issue, including any costs, penalties, or interest.
● Third-Party Beneficiary: You acknowledge that Check (and its designated financial institution partners) are third-party beneficiaries of this Section 8.3 and have the right to enforce these provisions as applicable to the services they provide. In the event of any conflict between these Terms and Check’s own Payroll User Service Terms with respect to the payroll service, the Check terms will govern the relationship between you and Check, while these Terms will govern the relationship between you and SocialSchedules.
● Suspension or Termination of Payroll: SocialSchedules and/or Check reserve the right to suspend or terminate your access to payroll services at any time if, in our sole discretion, continuing to provide service would violate applicable law or expose us to unacceptable risk. Reasons for suspension may include but are not limited to: suspected fraudulent or illegal activity, your failure to fund payroll amounts when due, repeated insufficient funds issues, or our receipt of a legal order (e.g., a garnishment order exceeding your employee’s pay) that cannot be appropriately handled. We will attempt to notify you of any suspension or termination of payroll services, but in urgent cases we may suspend first and notify thereafter. Suspension of payroll services for any reason does not relieve you of your obligation to pay your employees or any applicable fees; you will need to make alternative arrangements to fulfill your payroll and tax responsibilities if the service is suspended.
8.4 Third Party White Label Integration: If you are accessing SocialSchedules functionality through a White Label platform (using our white-labeled integration), please be aware that the Third-Party vendor may require you, as a merchant, to agree to its own terms of use or customer agreement for the service. Those terms are in addition to these SocialSchedules Terms. Essentially, the integration allows you to utilize SocialSchedules’ scheduling features within the White Label environment. By using this service, you acknowledge that: (a) your use of the scheduling software is also subject to the White Label Vendor’s terms (which might address topics like billing for the service, support, and limitations of liability); (b) these SocialSchedules Terms still apply to your actual use of the scheduling Platform and your content, so you are simultaneously bound by both sets of terms; and (c) in the event of any conflict between these Terms and the White Label Vendor’s terms regarding the use of the scheduling features, the terms between you and the White Label Vendor may govern your relationship with them, but these Terms will govern your relationship with SocialSchedules and how SocialSchedules provides the underlying service. If you are an employee using a White Label app, the SocialSchedules Terms (this document) govern your use of the app. Merchants using A White Label Service should direct any billing or account-related inquiries to that Third Party Vendor if that is where you obtained the service, while any questions about scheduling functionality can be directed to SocialSchedules support.
8.5 Third-Party Hardware or Systems: SocialSchedules may provide integrations or compatibility with certain hardware devices or third-party systems (for example, time-clocks, POS systems, or HR software). If you connect SocialSchedules with any third-party hardware or system, you are responsible for any integration requirements or fees that third-party may have. SocialSchedules makes no warranty about the compatibility or continued compatibility of any third-party hardware/system with our Platform. If a third-party integration is deprecated or terminated, SocialSchedules will attempt to notify affected users and may provide alternative solutions if possible, but is not liable for any loss of functionality due to changes imposed by the third-party.
8.6 No Endorsement or Warranty of Third Parties: SocialSchedules does not endorse, and is not responsible or liable for, any third-party product, service, or content that is linked to or recommended by our Platform, or any third-party service provider (such as delivery couriers or payroll processors) you engage through our Platform. Any use of third-party services is at your discretion and risk. You agree that SocialSchedules will not be held responsible for any damage or loss caused or alleged to be caused by or in connection with your use of any such third-party services.
9.1 “As-Is” Basis: The Platform and all Services, information, and content provided by SocialSchedules are offered on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind. Your use of the Platform is at your own risk. To the maximum extent permitted under applicable law, SocialSchedules disclaims any and all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising out of course of dealing or usage of trade.
9.2 No Guarantee of Results or Accuracy: SocialSchedules does not warrant that the Platform will meet your requirements or achieve any intended results. Specifically, we do not guarantee that use of the Services will result in any particular level of cost savings, compliance, or productivity for your business. Any estimates or analytics provided through the Platform (such as labor cost forecasts, compliance alerts, or delivery time estimates) are for informational purposes only and SocialSchedules makes no warranty as to their accuracy or completeness. You are responsible for verifying the accuracy of any data or reports obtained through the Platform before relying on them. For example, while the Platform may provide scheduling suggestions or flag potential labor law issues (like overtime or required breaks), SocialSchedules is not providing legal advice and does not warrant that these suggestions are error-free or comprehensive for legal compliance.
9.3 Service Uptime and Reliability: SocialSchedules strives to maintain a reliable and accessible service, but we do not warrant that the Platform will be uninterrupted, timely, secure, or free from errors, viruses, or other harmful components. Occasional downtime for maintenance, updates, or technical issues may occur. SocialSchedules will make reasonable efforts to schedule maintenance during low-usage times and to restore availability promptly, but we make no guarantees about the availability or uptime of the Platform. You acknowledge that software-based services can be subject to bugs and delays. Any material downloaded or otherwise obtained through the use of the Platform is done at your own discretion and risk, and you are solely responsible for any damage to your computer system or mobile device or loss of data that results from such use.
9.4 Third-Party Services and Content: SocialSchedules does not control and is not responsible for any third-party services or content that you access through the Platform (including content of communications from other users, or the services provided by Check, Third Party White Label Vendors, delivery partners, etc.). We make no warranty or representation regarding the accuracy, reliability, or quality of any information or services obtained from third parties via our Platform. We do not warrant that any third-party integration or link will function as intended or that third-party services will be available without interruption or error. Any issues arising from third-party services are solely between you and the third party, and SocialSchedules disclaims all responsibility for those issues.
9.5 No Duty to Update: Except as required by law, SocialSchedules has no obligation to update, upgrade, or expand the Platform, or to provide any specific content or information through the Platform. We may, at our discretion, improve or modify the Platform over time, but we make no guarantees that any specific errors or deficiencies will be corrected.
9.6 Beta Features: From time to time, SocialSchedules may offer access to beta or trial features that are still in development and not yet fully tested. Any such features will be identified as beta, pilot, limited release, or by similar terms. Beta features are provided “as-is” without any warranties whatsoever and may be even less reliable than the rest of the Platform. We reserve the right to modify or discontinue beta features at any time, and to decide not to include them in the general release of our Platform.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above disclaimers may not fully apply to you. In such cases, the warranties are disclaimed to the maximum extent permitted by applicable law.
10.1 Indirect Damages: To the maximum extent permitted by law, in no event will SocialSchedules or its affiliates, officers, directors, employees, agents, or licensors be liable to you for any indirect, incidental, special, consequential, punitive, or exemplary damages whatsoever, arising out of or related to this Agreement or your use of the Platform, even if advised of the possibility of such damages. This limitation of liability includes, without limitation, any losses or damages resulting from: loss of profits, revenue, business, or data; loss of goodwill; service interruption; computer damage; system failure; the cost of substitute products or services; any personal or bodily injury or emotional distress arising out of or related to our Services; or damages for negligence.
This disclaimer applies to all claims for damages, whether based in contract, warranty, tort (including negligence), strict liability, or any other legal theory.
10.2 Direct Damages Cap: Insofar as any court of competent jurisdiction determines that the above exclusion of certain damages is unenforceable or that direct damages may be awarded, you agree that the total liability of SocialSchedules (and its affiliates, officers, directors, employees, agents, and licensors) for any claim arising out of or relating to these Terms or the Platform shall not exceed the greater of: (a) the total amount of fees (excluding delivery driver fees and gratuities) you have paid to SocialSchedules for use of the Platform in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) US $100.00. If you have paid no fees to SocialSchedules in that period (for example, if you only use the free version of the Service), then SocialSchedules’ maximum liability will be $100.00 in total.
10.3 Scope of Liability Limitations: The limitations of liability set forth in this Section 10 shall apply to the fullest extent permitted by law in the applicable jurisdiction. Some jurisdictions do not allow the exclusion or limitation of certain damages (such as incidental or consequential damages), so portions of the above limitation or exclusion may not apply to you. Nothing in these Terms is intended to limit or exclude liability that cannot be limited by law, such as liability for gross negligence, willful misconduct, or certain statutory liabilities.
10.4 Release of Claims: You agree that in the event you have any claim or dispute with any other user or a third-party (such as a delivery courier or a service provider) arising out of your use of the Platform, you release SocialSchedules (and its officers, directors, employees, and agents) from any and all claims, demands, and damages of every kind and nature arising out of or in any way connected with such dispute. If you are a California resident, you waive California Civil Code §1542 (and any similar law in any jurisdiction), which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known must have materially affected his or her settlement with the debtor.”
This means that you are releasing unknown as well as known claims in relation to the disputes described above.
11.1 General Indemnity: You agree to defend, indemnify, and hold harmless SocialSchedules, its parent and affiliate companies, and each of their respective officers, directors, employees, agents, partners, and licensors (collectively, the “SocialSchedules Parties”) from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees and costs) arising out of or in any way connected with: (i) your use or misuse of the Platform or Services (including any data or content transmitted or actions taken by you); (ii) your violation of these Terms or of any representation or warranty contained herein; (iii) your violation of any rights of any third party, including without limitation any privacy, publicity, or intellectual property rights; (iv) your violation of any applicable law, rule, or regulation (including, without limitation, labor and employment laws, wage and hour rules, data protection regulations, and delivery or transportation laws); (v) any User Content you submit (including any claim that your content infringes or misappropriates third-party rights or has caused damage to a third party); (vi) your willful misconduct or gross negligence; or (vii) any other party’s access to or use of the Services with your account credentials (including any use of third-party services via our Platform under your account).
11.2 Employer Indemnity (Joint Employer and Related Claims): Without limiting the generality of the foregoing, if you use the Platform as an employer (Company/Merchant), you specifically agree that in the event any government agency, court, or other authority determines that SocialSchedules has any liability or responsibility as a “joint employer” or co-employer of any Worker in connection with your use of the Platform, you will indemnify, defend, and hold SocialSchedules harmless from any and all claims, demands, penalties, or liabilities (including attorneys’ fees and costs) arising from such determination. This includes but is not limited to any claims for wages, overtime, benefits, employment taxes, penalties (such as those under the Fair Labor Standards Act or similar state laws), or any other obligations owed to your Workers that are argued to be attributable to SocialSchedules as a result of joint employment. Additionally, you agree to indemnify and hold SocialSchedules harmless for any claims brought by any of your Workers (or former Workers) against SocialSchedules related to their employment or engagement with you, including any claims under federal, state, or local employment laws (such as discrimination or harassment claims, wage and hour claims, wrongful termination, etc.), insofar as any such claim might be premised on SocialSchedules’s involvement via the Platform. In simple terms, we are not your HR department or employer, and if anyone tries to treat us as such, you’ll protect us from those claims.
11.3 Indemnification Procedure: If any claim is initiated against the SocialSchedules Parties that is subject to indemnification under this Section 11, we will promptly notify you in writing of the claim (provided that any delay in providing such notice will not eliminate or reduce your indemnification obligations except to the extent you are materially prejudiced by the delay). You shall assume control of the defense and settlement of the claim at your own cost; however, SocialSchedules reserves the right to participate in the defense at its own expense, with counsel of its choosing. You may not settle any claim in a manner that admits liability or imposes obligations on SocialSchedules or its affiliates without our prior written consent. SocialSchedules will reasonably cooperate in the defense of the claim at your request and expense.
12.1 By You (Cancellation): You may cancel your SocialSchedules account or stop using the Platform at any time. If you wish to terminate your account, you should do so through the account management settings if available, or by contacting us in writing (for example, via email to our support team or to the contact address provided in these Terms). Termination is effective upon our processing of your request. Please note that simply uninstalling our app or ceasing to log in will not automatically terminate your account – you need to explicitly notify SocialSchedules or use any provided self-service termination method. Upon cancellation of a subscription service, you will not receive any refunds for previously paid fees, and your access to any paid features will continue only until the end of your current billing period unless otherwise stated.
12.2 By SocialSchedules: SocialSchedules may, in its sole discretion, suspend or terminate your account or access to the Platform (in whole or in part) at any time, with or without notice, for any reason or no reason. We may do so immediately if: (a) you have violated any provision of these Terms or we have reason to believe you are about to do so; (b) you are delinquent on payment or we are unable to charge your provided payment method; (c) we are required to do so to comply with a legal requirement or court order; (d) we believe you have committed fraud or provided false information; or (e) you have otherwise engaged in behavior that we determine, in our sole discretion, may harm the Platform, other users, or SocialSchedules’s interests. We may also suspend the Platform or any portion of it, or terminate these Terms, for business or operational reasons, by providing notice to you (for example, if we discontinue the Services entirely).
12.3 Effects of Termination: Upon any termination of your account or these Terms, whether by you or us, your right to access and use the Platform will immediately cease. SocialSchedules will have no obligation to maintain or provide any of your data or User Content after termination, except as required by applicable law. However, we may, in our discretion, retain information (including User Content) about your account in our internal records to fulfill legal obligations, resolve disputes, or enforce our agreements. In particular, if you are a Company that terminates service, SocialSchedules may retain and continue to store certain business records (such as schedules or timecards) and any associated Worker accounts/data for a period of time . After such retention period, or upon a verified deletion request, SocialSchedules will delete or anonymize your personal data in accordance with our data retention policies and applicable law. Please consult our Privacy Policy for more information on how we handle data upon account deletion.
12.4 Post-Termination Use: Any provisions of these Terms that by their nature should survive termination (such as intellectual property provisions, warranty disclaimers, limitations of liability, arbitration agreements, and indemnity obligations) shall survive termination of your use of the Platform or these Terms. Termination of your account does not relieve you of any obligation to pay any outstanding fees or charges accrued prior to termination, or liability for any breach of these Terms you may have committed before termination.
13.1 Governing Law
These Terms and any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, or the Services shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to conflict of law principles. Nothing in this clause shall deprive consumers residing outside the United States of the protection afforded by provisions that cannot be derogated from by agreement under the laws of their country of residence.
13.2 Dispute Resolution Framework
The method of resolving disputes under these Terms depends on the location of the User or contracting entity as set forth below:
(a) For Users Located in the United States
If you are a User or entity domiciled in, organized under the laws of, or primarily operating from within the United States, any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, or the Services shall be resolved exclusively in the state or federal courts located in the State of Delaware, USA. You and SocialSchedules hereby irrevocably submit to the exclusive jurisdiction of such courts for any such dispute and waive any objection to venue or jurisdiction, including on the basis of forum non conveniens.
You and SocialSchedules expressly waive any right to a trial by jury in any legal action or proceeding relating to these Terms to the fullest extent permitted by applicable law.
(b) For Users Located Outside the United States
If you are a User or entity located outside the United States, any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, or the Services shall be finally resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its International Centre for Dispute Resolution (ICDR) International Arbitration Rules then in effect, except as modified herein.
● The arbitration shall be conducted by a single, neutral arbitrator appointed in accordance with the applicable rules.
● The seat (legal place) of arbitration shall be the State of Delaware, USA.
● The arbitration shall be conducted in the English language.
● Unless otherwise agreed by the parties, any arbitration hearing shall take place in Delaware, or, at SocialSchedules’s option, remotely by teleconference or video conference.
● The arbitrator shall have the authority to award any legal or equitable remedy available under applicable law, subject to the limitations set forth in these Terms, provided that punitive or exemplary damages shall not be awarded unless expressly authorized by statute.
The arbitrator’s decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
13.3 Class and Representative Action Waiver
To the maximum extent permitted by applicable law, all disputes must be brought in the parties’ individual capacities, and not as a plaintiff or class member in any purported class or representative proceeding. The parties agree that class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not permitted. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
If a court or arbitrator determines that this class action waiver is unenforceable as to any claim, then the arbitration agreement shall not apply to that claim, and such claim shall proceed exclusively in the courts of Delaware (if you are a U.S. user) or another competent court (if you are a non-U.S. user).
13.4 Informal Dispute Resolution Required First
Before initiating arbitration or litigation, the parties agree to first attempt to resolve any dispute informally. A party must send a written notice to the other party describing the nature and basis of the claim and the relief sought. If the parties are unable to resolve the dispute within thirty (30) days of receipt of such notice, then either party may proceed to initiate formal dispute resolution in accordance with this Clause 13.
13.5 Time Limit to Raise Disputes
To the extent permitted by applicable law, any dispute or claim subject to this Clause 13 must be commenced within one (1) year after the date on which the cause of action arose. If not brought within that period, such claim shall be permanently barred.
14.1 Entire Agreement: These Terms (including any Order Form or supplemental terms incorporated by reference, and our Privacy Policy) constitute the entire agreement between you and SocialSchedules concerning the subject matter hereof, and supersede any prior or contemporaneous agreements, communications, and proposals (whether oral or written) between you and SocialSchedules with respect to the Platform. Any additional or different terms in any purchase order or other correspondence from you are void and will have no effect unless explicitly agreed in writing by an authorized officer of SocialSchedules.
14.2 Amendments: We may modify or update these Terms from time to time at our sole discretion. Any changes will become effective upon posting the revised Terms on our website or within the Platform, unless a later effective date is specified in the update. We will provide notice of material changes by updating the “Last Updated” date at the top of these Terms and, where appropriate, by other reasonable means (such as email or in-app notifications).
By continuing to access or use the Platform after the effective date of any such changes, you agree to be bound by the modified Terms. If you do not agree to the amended Terms, you must discontinue use of the Services before the changes become effective.
No additional signature or express agreement by you shall be required for the revised Terms to be legally binding. The failure of SocialSchedules to insist upon strict adherence to any provision of these Terms shall not constitute a waiver of such provision or of any other provision.
14.3 No Waiver: No waiver of any term or provision of these Terms shall be valid unless in writing and signed by the party against whom enforcement is sought. No failure or delay by either party in exercising any right, power, or remedy under these Terms shall operate as a waiver of that right or any other right, nor shall any single or partial exercise of any right or power preclude any further exercise of that or any other right.
14.4 Severability: If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, void, or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in full force and effect. The invalid provision will be deemed modified in a manner that best reflects the original intent of the parties (as permitted by law) or, if such modification is not possible, will be severed from these Terms.
14.5 Assignment: You may not assign or transfer these Terms (in whole or in part) or delegate any of your obligations hereunder to any third party without SocialSchedules’s prior written consent. Any attempted assignment or delegation without such consent will be null and void. SocialSchedules may freely assign or transfer its rights and obligations under these Terms without restriction and without notice to you. These Terms shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.
14.6 Relationship of Parties: You and SocialSchedules are independent contractors, and nothing in these Terms shall be construed to create any partnership, joint venture, franchise, employer-employee, or agency relationship between us. Neither party has authority to make any statements, representations or commitments of any kind, or to take any action, which are binding on the other, except as explicitly provided for herein.
14.7 Force Majeure: SocialSchedules shall not be liable for any delay or failure to perform its obligations hereunder if such delay or failure results from causes beyond its reasonable control, including, but not limited to, acts of God, acts of government, flood, fire, earthquakes, pandemics, civil unrest, acts of terror, strikes or other labor problems (excluding those involving SocialSchedules employees), internet or other network failures, power outages, or the downtime or failure of any third-party service (a “Force Majeure” event). During the existence of a Force Majeure event, SocialSchedules’s obligations under these Terms will be suspended to the extent and for the duration of the impediment, and SocialSchedules will use reasonable efforts to mitigate the effect of the Force Majeure.
14.8 Notices: SocialSchedules may provide notices or communications to you via email (to the address associated with your account), via in-app notification or messaging, by posting on our website, or through other reasonable means. You are responsible for ensuring that your account information, including your email address, is current and accurate, and you agree that sending a notice to the email or mailing address on your account constitutes effective notice. Formal legal notices to SocialSchedules (such as notices of dispute, or requests to terminate for breach) should be sent to SocialSchedules’s mailing address provided in Section 15.1, with a copy to legal@socialschedules.com (this email copy is for convenience and not as a substitute for mailed notice when a mailed notice is required).
14.9 Export Compliance: The Services and software of SocialSchedules may be subject to United States export control and economic sanctions laws. You agree to comply with all such laws and regulations as they relate to your access and use of the Platform. You shall not (and shall not permit any user to) access or use the Services in a U.S.-embargoed country or region, or in violation of any U.S. export law or regulation. You represent that neither you nor any individual using your account is named on any U.S. government denied-party list.
14.10 U.S. Government Users: The Services are commercial computer software, as defined in FAR 2.101. If the user or licensee of the Services is an agency, department, or other entity of the United States Government, the use, duplication, reproduction, release, modification, disclosure or transfer of the Services, or any related documentation of any kind, including technical data or manuals, is restricted by a license agreement or by these Terms in accordance with Federal Acquisition Regulation 12.212 for civilian purposes and Defense Federal Acquisition Regulation Supplement 227.7202 for military purposes.
14.11 Language: These Terms may be provided in languages other than English for convenience. However, the English language version of these Terms shall govern in the event of any conflict or inconsistency between the English version and any translation. All communications and notices made or given pursuant to these Terms shall be in the English language, unless otherwise required by law.
14.12 Publicity Rights: Unless otherwise agreed in writing, SocialSchedules may identify you (or your company, if applicable) as a customer in its marketing materials, website, investor presentations, and other public communications. This includes the use of your name, logo, and trademark solely for the purpose of referring to you as a customer of the Services. You may withdraw this permission at any time by sending written notice to legal@socialschedules.com, in which case SocialSchedules will make reasonable efforts to remove such references from future materials within a commercially reasonable timeframe. Such withdrawal will not require removal of previously published materials.
15.1 Platform Offered By: The Platform is offered by SocialSchedules Inc., a Delaware corporation. Our primary business mailing address is:
SocialSchedules Inc.
6965 El Camino Real, Suite 105-550
Carlsbad, CA 92009 (USA)
15.2 Contacting SocialSchedules: You can contact us with questions, complaints, or claims regarding the Services or these Terms using the following methods:
● Email: For general inquiries or support, email us at info@socialschedules.com. For privacy-related questions or data requests, email privacy@socialschedules.com.
● Postal Mail: Send correspondence to the mailing address listed above.
● Website: Visit our website socialschedules.com for additional contact information, including any available support chat or web contact forms.
● Within App: If available, you may use in-app help or support features to reach our support team.
We will do our best to respond to inquiries in a timely manner.
15.3 Legal Notices: Any legal notices to SocialSchedules (such as notices of dispute, or requests for information under law) should be sent to the mailing address above, Attn: Legal Department, with a copy to legal@socialschedules.com.
Acceptance: By accepting these Terms (whether by clicking “I Agree,” checking a box, or using the Platform), you affirm that you understand and agree to all the provisions above, including the disclaimers of SocialSchedules’ verification responsibilities, the allocation of duties between the parties, and your obligations regarding data you input into the Platform. These Terms constitute the entire agreement between you and SocialSchedules with respect to the Services, and they supersede any prior agreements. Any continued use of the Platform following an update to these Terms signifies your acceptance of the updated Terms.