Terms of Service

—Agreement to Our Legal Terms

We are Virely LLC, doing business as Dealsby ("Company," "we," "us," or "our"), a company registered in the State of Georgia, United States, at 3715 Northside Pkwy NW, Bldg 100, Ste 500, Atlanta, GA 30327.

We operate the website dealsbyappointments.com, the Dealsby Appointments web application, as well as any other related products and services that refer or link to these legal terms (collectively, the "Services").

Dealsby Appointments is a cloud-based appointment scheduling, booking, calendar management, staff scheduling, and customer management platform designed for service-based businesses including salons, spas, fitness studios, tutoring centers, auto services, consulting firms, and other professional service providers.

You can contact us by phone at (888) 487-1873, email at support@dealsby.io, or by mail to the address above.

We reserve the right to make changes to these Legal Terms at any time. We will notify you of material changes by updating the "Last Updated" date and, where material, by emailing your registered address. Continued use of the Services after changes constitutes acceptance.

The Services are intended for users who are at least 18 years old.

1Our Services

The Services are not intended for distribution or use in any jurisdiction where such use would be contrary to law or regulation. Those who access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws.

The Services are not tailored to comply with industry-specific regulations (HIPAA, FISMA, etc.). You may not use the Services in a way that would require our compliance with such regulations. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

2Intellectual Property Rights

Our Intellectual Property

We are the owner or licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (the "Content"), as well as the trademarks, service marks, and logos (the "Marks"). Our Content and Marks are protected by copyright and trademark laws in the United States and around the world.

Your License to Use Our Services

Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable license to access the Services solely for your personal or internal business purposes. No part of the Services, Content, or Marks may be copied, reproduced, distributed, sold, or licensed without our express prior written permission.

Your Submissions

By sending us any feedback, suggestion, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. We shall own this Submission and be entitled to its unrestricted use for any lawful purpose, without acknowledgment or compensation.

3User Representations

By using the Services, you represent and warrant that:

• All registration information you submit will be true, accurate, current, and complete
• You will maintain the accuracy of your information and promptly update it as necessary
• You have the legal capacity and you agree to comply with these Legal Terms
• You are at least 18 years of age
• You will not access the Services through automated or non-human means (bots, scripts, etc.)
• You will not use the Services for any illegal or unauthorized purpose
• Your use of the Services will not violate any applicable law or regulation

4User Registration

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username we determine, in our sole discretion, to be inappropriate or objectionable.

The account owner is responsible for all activity conducted under their account and any sub-accounts they create, including activity by staff users or other authorized users they add to the account.

5Subscriptions & Pricing

Dealsby Appointments is offered as a Software-as-a-Service (SaaS) subscription. The following plans are currently available:

SMS & Email Add-On Packs

Unused SMS and email allotments do not roll over between billing cycles.

6Purchases & Payment

We accept payment through Stripe, Inc. All payment processing is handled by Stripe in accordance with their terms of service and PCI-DSS compliance standards. We do not directly store credit card numbers on our servers.

You agree to provide current, complete, and accurate purchase and account information. All payments are in US dollars.

Billing and Automatic Renewal

Your subscription will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring prior approval for each recurring charge, until you cancel.

Failed Payments

If a payment fails, we will attempt to process it again using Stripe's Smart Retry system over the following 14 days. If payment is not received within 14 days, your subscription may be suspended or cancelled.

7Free Trial

We offer a free 14-day trial to new business users who register with the Services. No charge will be made during the trial period. A valid payment method is required at signup to activate the trial.

Your account will be charged according to your chosen subscription plan at the end of the free trial period unless you cancel before the trial expires. Free trial terms and duration are subject to change at our sole discretion.

8Cancellation & Data Export

You can cancel your subscription at any time through your account settings or by contacting us at support@dealsby.io. Your cancellation will take effect at the end of the current paid term. You will retain access to your plan features until the end of the current billing period.

All sales are final. No refunds will be issued for partial billing periods, downgraded plans, or unused SMS/email credits, unless otherwise required by applicable law.

We do not currently offer a subscription pause option. Customers wishing to reduce costs may downgrade to a lower-tier plan at any time.

Your Right to Data Export

Following account cancellation, your data will be retained for 90 days to allow for reactivation or delayed export requests. After this 90-day window, your data will be permanently deleted from our active systems.

9SMS & Email Communication Services

The Services provide SMS messaging (via Twilio) and email messaging (via SendGrid) features allowing business subscribers to send transactional and promotional communications to their customers.

Your Responsibilities

• You have obtained all required consents from recipients prior to sending any communications
• You will comply with the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and all applicable laws governing electronic communications
• You will honor all opt-out requests promptly. Recipients may reply "STOP" or "UNSUBSCRIBE" to opt out
• You will not use the communication features to send spam, unsolicited marketing, or any content that is illegal, harmful, or otherwise objectionable
• You are solely responsible for the content of all messages sent through the Services on your behalf
• You maintain all required documentation of consent records as required by applicable law

9AAppointment Policies & Business-Imposed Fees

Dealsby Appointments enables business subscribers to configure their own cancellation, no-show, and late arrival policies, which may include fees charged to consumers ("Business Appointment Policies").

Role of Virely LLC

Virely LLC acts solely as a technology facilitator. We provide the tools for businesses to create, display, and enforce their own Appointment Policies. We are not a party to the agreement between a business and its customers regarding any Appointment Policy, and we have no control over the specific policies a business chooses to implement.

Business Responsibility

Business subscribers are solely responsible for: (a) clearly communicating their Appointment Policies to customers at the time of booking; (b) ensuring their Appointment Policies comply with all applicable laws; (c) any disputes arising between the business and its customers over the application of an Appointment Policy; and (d) any fees charged to customers under their Appointment Policy.

Consumer Disputes

Consumers who believe an Appointment Policy fee was applied incorrectly should contact the business directly. Virely LLC does not adjudicate disputes between businesses and their customers over Appointment Policy fees. Consumers may contact us at support@dealsby.io if they believe a business is using the platform in violation of these Terms of Service.

10Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make them available. You agree not to:

• Systematically retrieve data from the Services to create a compilation, database, or directory without written permission
• Make any unauthorized use of the Services, including collecting usernames or email addresses for unsolicited communications
• Circumvent, disable, or interfere with security-related features of the Services
• Trick, defraud, or mislead us or other users to learn sensitive account information
• Engage in any automated use of the system such as scripts, bots, or data mining tools
• Interfere with, disrupt, or create an undue burden on the Services or connected networks
• Attempt to impersonate another user, person, or entity
• Use information from the Services to harass, abuse, or harm another person
• Use the Services as part of any effort to compete with us without authorization
• Decipher, decompile, disassemble, or reverse engineer any software comprising or making up the Services
• Upload or transmit viruses, Trojan horses, or other material that interferes with use of the Services
• Use the SMS or email features to send spam or communications violating the TCPA, CAN-SPAM Act, or similar laws
• Harass, annoy, intimidate, or threaten any of our employees, agents, or users
• Delete the copyright or other proprietary rights notice from any Content
• Use the platform to implement or enforce appointment policies that violate applicable consumer protection laws or are otherwise illegal
• Process protected health information (PHI) as defined by HIPAA through the platform, as the platform is not designed or configured to be HIPAA-compliant

11User Generated Content

The Services may allow you to create, submit, post, or display content and materials ("Contributions"). When you create or make available any Contributions, you represent and warrant that:

• Your Contributions do not infringe the proprietary rights of any third party
• You are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use your Contributions
• Your Contributions are not false, inaccurate, or misleading
• Your Contributions are not unsolicited advertising, promotional materials, or spam
• Your Contributions are not obscene, violent, harassing, libelous, or otherwise objectionable
• Your Contributions do not violate any applicable law, regulation, or rule
• Your Contributions do not violate the privacy or publicity rights of any third party

12Content License

By posting your Contributions to the Services, you grant us a non-exclusive, transferable, royalty-free, worldwide license to host, use, copy, reproduce, store, cache, reformat, translate, transmit, and distribute such Contributions solely for the purpose of operating and providing the Services.

You retain full ownership of all of your Contributions and any associated intellectual property rights. We have the right to edit, redact, re-categorize, or delete any Contributions at any time without notice. We have no obligation to monitor your Contributions.

13Third-Party Services

The Services integrate with the following third-party services. Your relationship with these providers is governed solely by your agreement with such providers:

• Stripe — Payment processing (stripe.com/legal)
• Twilio — SMS messaging (twilio.com/legal/tos)
• SendGrid (Twilio) — Email delivery
• Supabase Inc. — Database and backend infrastructure (supabase.com/terms)
• Google Firebase / Google Cloud Platform — Authentication and cloud services (firebase.google.com/terms)
• Vercel Inc. — Web application hosting (vercel.com/legal/terms)

14Services Management

We reserve the right, but not the obligation, to:

• Monitor the Services for violations of these Legal Terms;
• Take appropriate legal action against anyone who violates the law or these Legal Terms;
• In our sole discretion, refuse, restrict access to, or disable any of your Contributions;
• Remove or disable files and content that are excessive in size or otherwise burdensome to our systems
• Otherwise manage the Services to protect our rights and property.

15Privacy Policy

We care about data privacy and security. Please review our Privacy Policy at dealsbyappointments.com/privacy-policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. The Services are hosted in the United States. By using the Services from any other region, you consent to the transfer of your data to the United States.

16Term & Termination

These Legal Terms shall remain in full force and effect while you use the Services.

If we terminate or suspend your account, you are prohibited from registering a new account under your name, a fake or borrowed name, or the name of any third party.

17Modifications, Interruptions & Force Majeure

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance, resulting in interruptions, delays, or errors.

Force Majeure

We shall not be liable for any failure or delay in the performance of our obligations where such failure or delay results from any cause beyond our reasonable control, including but not limited to: acts of God or nature, fire, flood, earthquake, epidemics or pandemics, war, terrorism, government actions or restrictions, internet or telecommunications outages, power failures, third-party service provider outages (including Stripe, Twilio, SendGrid, Supabase, or Vercel), labor disputes, or any other event beyond our reasonable control ("Force Majeure Event").

In the event of a Force Majeure Event, we will notify you as soon as reasonably practicable and will use commercially reasonable efforts to resume the Services.

18Governing Law

These Legal Terms shall be governed by and defined following the laws of the State of Georgia, United States. Virely LLC and you irrevocably consent that the courts of Fulton County, Georgia shall have exclusive jurisdiction to resolve any dispute arising in connection with these Legal Terms.

19Dispute Resolution

Informal Negotiations

The parties agree to first attempt to negotiate any dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one party to the other.

Binding Arbitration

Any dispute arising out of or in connection with these Legal Terms shall be referred to and finally resolved by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The number of arbitrators shall be one (1). The seat of arbitration shall be Atlanta, Georgia. The language of the proceedings shall be English. The governing law shall be the substantive law of the State of Georgia.

Restrictions

Any arbitration shall be limited to the dispute between the parties individually. No arbitration shall be joined with any other proceeding, and there is no right or authority for any dispute to be arbitrated on a class-action basis or in a purported representative capacity.

20Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information on the Services at any time, without prior notice.

21Disclaimer

22Limitations of Liability

23Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties; (5) your violation of the rights of a third party; (6) any overt harmful act toward any other user of the Services; (7) your use of SMS and email communication features in violation of the TCPA, CAN-SPAM Act, or any other applicable law; (8) any fees, disputes, or legal claims arising from Appointment Policies you implement and enforce through the platform.

24User Data

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services. Although we perform regular backups, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. We recommend that you maintain your own backups of critical business data.

We shall have no liability to you for any loss or corruption of such data beyond what is described in our data retention policy in our Privacy Policy.

25Electronic Communications & Signatures

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communication be in writing.

26Accessibility

We are committed to making our Services accessible to all users, including those with disabilities. We strive to meet WCAG 2.1 Level AA accessibility guidelines. If you experience difficulty accessing any part of our Services or need accommodations, please contact us at support@dealsby.io.

27California Users & Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

28Miscellaneous

These Legal Terms and any policies or operating rules posted by us on the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision shall not operate as a waiver. These Legal Terms operate to the fullest extent permissible by law. If any provision is determined to be unlawful, void, or unenforceable, that provision is deemed severable and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms.

29Contact Us

To resolve a complaint or receive further information regarding use of the Services, please contact us: