Terms of Service

Please read these Terms of Service ("Terms") carefully before using the trycaly.com website or the Caly scheduling application (collectively, the "Service") operated by Caly ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, you may not access the Service.

Accounts

When you create an account with us, you must ensure that the information you provide is accurate, complete, and current at all times. Inaccurate, incomplete, or outdated information may result in the immediate termination of your account.

You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account. You must notify us immediately at hello@devino.ca upon becoming aware of any breach of security or unauthorised use of your account.

You may not use as a username the name of another person or entity, or a name that is subject to the rights of another person without appropriate authorisation, or a name that is offensive, vulgar, or obscene.

We reserve the right to refuse service, terminate accounts, or cancel orders in our sole discretion.

Subscriptions and Payments

Some parts of the Service are billed on a subscription basis ("Subscription"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set on either a monthly or annual basis, depending on the subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the same conditions unless you cancel it or Caly cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting us at hello@devino.ca.

A valid payment method, including a credit card, is required to process payment for your Subscription. You shall provide Caly with accurate and complete billing information. By submitting such payment information, you automatically authorise Caly to charge all Subscription fees incurred through your account to the payment instrument.

Should automatic billing fail for any reason, Caly will issue an electronic invoice indicating that you must proceed manually with the full payment corresponding to the billing period shown on the invoice.

Free Trial

Caly may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial"). You may be required to enter your billing information to sign up for the Free Trial. If you do enter your billing information when signing up for a Free Trial, you will not be charged by Caly until the Free Trial has expired. On the last day of the Free Trial period, unless you cancel your Subscription, you will be automatically charged the applicable Subscription fee for the type of Subscription you have selected.

Caly reserves the right to modify the terms of the Free Trial offer or to cancel such offer at any time without notice.

Fee Changes

Caly, in its sole discretion and at any time, may modify the Subscription fees. Any change will become effective at the end of the then-current Billing Cycle. We will provide you with reasonable prior notice to give you the opportunity to terminate your Subscription before such change takes effect.

Your continued use of the Service after a fee change constitutes your agreement to pay the modified Subscription fee.

Refunds

Except when required by law, paid Subscription fees are non-refundable.

Intellectual Property

The Service and its original content (excluding content provided by users), features, and functionality are and will remain the exclusive property of Caly and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

Links to Other Sites

Our Service may contain links to third-party websites or services that are not owned or controlled by Caly. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We strongly advise you to read the terms and privacy policy of any third-party site you visit.

Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including breach of these Terms.

If you wish to terminate your account, you may simply discontinue using the Service or contact us to request account deletion.

All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CALY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHERE LIABILITY CANNOT BE EXCLUDED, IT WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SERVICE IN THE TWELVE MONTHS PRECEDING THE CLAIM.

Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Governing Law

These Terms shall be governed and construed in accordance with the laws applicable in the jurisdiction where Caly operates, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in effect.

Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. We will provide at least 30 days' notice before any new terms take effect by posting the revised Terms on this page and updating the effective date.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us by email: hello@devino.ca.