Terms of Service

Welcome to AttendSure ("Service"). These Terms of Service ("Terms") constitute a legally-binding agreement between you and Maciej Mazurek (trading as "AttendSure") ("Company," "we," "our," or "us"). By creating an account, clicking "I agree," or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy.

1. Definitions

• "Customer" or "you" – The person or legal entity that creates a workspace and accepts these Terms.
• "Authorized User" – Any individual who accesses the Service under your workspace (e.g., owner, admin, staff).
• "End‑Client Data" – Your clients’ appointment and contact details used to deliver WhatsApp confirmations/reminders and manage deposits (e.g., name, phone number, appointment time, service, message delivery/read status, button interactions, deposit status).
• "Documentation" – Any user guides or knowledge‑base articles we provide.
• "Subscription Plan" – The tier (Starter, Growth, Professional, custom) selected in your account, including usage limits (e.g., messages/month) and pricing as described on the pricing page or Order Form.
• "Order Form" – Any online or written ordering document referencing these Terms (e.g., Stripe checkout receipt).

2. Account Registration & Eligibility

1. You must be at least 18 years old and legally able to enter contracts.
2. You agree to provide accurate account information and keep it current.
3. You are responsible for all activity that occurs under your credentials. Keep passwords and OAuth tokens confidential.

3. License & Acceptable Use

1. License. Subject to these Terms, we grant you a non-exclusive, non-transferable, revocable right for Authorized Users to access and use the Service and Documentation during an active Subscription Plan.
2. Restrictions. You must not:
   • Reverse-engineer, decompile, or attempt to discover source code;
   • Circumvent usage limits, rate limits, or billing meters;
   • Use the Service to build a competing product or service;
   • Upload malicious code or content that violates law, IP, or privacy rights;
   • Process "special category data" (GDPR Art. 9) or data concerning children under 16 without appropriate lawful basis.
   • Send unsolicited WhatsApp messages without valid opt‑in, circumvent WhatsApp’s 24‑hour window, or otherwise breach WhatsApp Business policies.
   • Misuse Stripe payment links (e.g., non‑appointment payments) or violate Stripe/Meta/Google terms.
3. You retain all rights to End‑Client Data. You grant us and our sub‑processors a limited license to process it solely to provide the Service (message delivery, reminders, deposits) as described in the Privacy Policy and any Data Processing Agreement ("DPA").

4. Subscription, Fees, & Payment

1. Plans. Features and quotas (e.g., messages/month) are detailed on the pricing page or your Order Form. "Billable messages" count only outbound templated WhatsApp messages the Service sends (confirmations, reminders, deposit-related templates); inbound messages and button taps do not count.
2. Billing & currency. Prices are shown and charged in your local currency via Stripe FX where supported; otherwise, charges are in EUR. Plans renew automatically every billing cycle until cancelled.
3. Free trial. 14 days or 50 messages (whichever comes first). Trial terms may vary by promotion and will be shown at signup.
4. Annual billing. Two months free on prepaid annual subscriptions (e.g., Starter €190/yr, Standard €490/yr, Pro €990/yr).
5. Overage (soft cap). If you exceed plan quotas, we keep sending and bill overage at €0.02 per outbound templated message. We do not block time‑critical reminders.
6. Proration & upgrades. When upgrading mid‑cycle, plan fees are prorated; any overage is still billed at cycle close. Invoice lines may include "Plan – <tier> (flat)" and "Overage – <count> × €0.02".
7. Usage alerts. We provide in‑app/email alerts at approximately 80%, 100%, and 120% of plan usage to help you manage consumption.
8. Taxes. Prices exclude VAT, GST, or other applicable taxes; these are calculated at checkout (e.g., via Stripe Tax) and are your responsibility.
9. Failed payment. If payment cannot be collected, we may suspend or downgrade the account after reasonable notice.

5. Downgrades & Cancellations

• You may downgrade or cancel at any time in the billing portal; changes take effect at the next renewal.
• Refunds: Where required by law (e.g., EU consumer cooling‑off for new subscriptions), a 14‑day withdrawal right applies. Any promotional guarantees disclosed at purchase will be honored as stated.

6. Service Levels & Support

• We aim for 99.5% monthly uptime but do not guarantee uninterrupted Service. Planned maintenance will be announced in advance when feasible.
• Starter plan users receive community/self-service support; Growth and higher tiers receive e-mail ticket support during business hours (CET).
• Beta or preview features are provided "as-is" without support or SLA.
• Operational safeguards: we may throttle non‑critical sends if WhatsApp quality drops; we do not block time‑critical reminders.

7. Data Protection & Security

• We act as Data Processor for End‑Client Data and Data Controller for Customer/Workspace and Usage Data, as defined by GDPR.
• You are responsible for obtaining and recording lawful opt‑ins to receive WhatsApp messages, selecting template tone/variants, and configuring deposit policies that comply with local law and platform policies.
• We implement industry-standard technical and organizational measures (encryption in transit and at rest, least-privilege access, regular backups).
• Detailed information and audit-ready clauses are available in our DPA. You can request a signed copy via the Settings → Legal & Compliance page.

8. Confidentiality

• Both parties agree to keep the other's non-public business information confidential and to use it only for purposes of fulfilling these Terms, except where disclosure is mandated by law.

9. Intellectual Property

• The Service, underlying software, logos, and trademarks are owned by Company or its licensors. No rights are granted except as expressly set out herein.
• Feedback you voluntarily provide (e.g., bug reports, feature ideas) may be used by us without obligation.

10. Termination & Data Deletion

• Either party may terminate these Terms for material breach if the breach is not cured within 30 days after written notice.
• Upon termination or non-renewal:
  • Your license to use the Service ceases.
  • You may export End‑Client Data for 30 days.
  • After 30 days, we delete End‑Client Data from active systems; backups roll off within 30 days.
  • Sections intended to survive (e.g., confidentiality, IP, disclaimers, limitations) remain in force.
• On‑demand deletion: You may request deletion of End‑Client Data at any time via Settings → Legal & Compliance or by contacting us. We complete deletion across our systems and sub‑processors within 24–72 hours; archived encrypted backups roll off after 30 days.

11. Warranties & Disclaimers

1. Mutual warranty. Each party represents it has authority to enter these Terms.
2. Service warranty. We warrant that the Service will perform materially in accordance with Documentation. Your exclusive remedy for breach is re-performance of the non-conforming portion or, if we cannot fix it within 30 days, prorated refund of prepaid fees.
3. Platform Disclaimer. Messaging delivery depends on third‑party platforms (Meta WhatsApp Business, Google Calendar, Stripe). We are not liable for outages, rate limits, or policy enforcement by those providers.
4. General disclaimer. Except for the express warranties above, the Service is provided "AS IS" and we disclaim all other warranties, including merchantability, fitness for a particular purpose, and non-infringement.

12. Limitation of Liability

• Indirect damages excluded. Neither party is liable for indirect, consequential, punitive, or special damages (loss of profits, data, goodwill) even if advised of possibility.
• Cap. Our total liability for any claim arising out of these Terms will not exceed the greater of (a) USD 100 or (b) the amount you paid to us in the 12 months preceding the event.
• The above limits do not apply to (i) your payment obligations; (ii) either party's breach of confidentiality; (iii) infringement or misappropriation of IP; or (iv) gross negligence or willful misconduct where such limitation is prohibited by law.

13. Indemnification

• By Customer. You will indemnify and defend us against claims arising from (a) End‑Client Data you submit that infringes third‑party rights or violates law; (b) your breach of messaging/WhatsApp/Stripe/Google policies; or (c) use of the Service in breach of these Terms.
• By Company. We will indemnify you against third-party claims that the Service as provided infringes a valid IP right, and will either (i) modify the Service, (ii) replace it with equivalent functionality, or (iii) terminate your subscription and refund prepaid fees.

14. Changes to Service or Terms

• We may modify these Terms or the Service to improve features, comply with law, or address security issues. We will give at least 14 days' notice for material changes. Continued use after the effective date constitutes acceptance.

15. Governing Law & Dispute Resolution

• Law. These Terms are governed by the laws of Poland, excluding conflict-of-law rules.
• Venue. Any dispute will be litigated exclusively in the competent courts of Warsaw, Poland, unless statutory law mandates another forum.
• Alternative dispute resolution. For claims under PLN 100,000 (approximately USD 25,000), the parties may agree to resolve disputes through mediation in accordance with Polish Civil Procedure Code before initiating court proceedings.

16. Export Compliance

You must comply with all applicable export control laws. You represent that you are not located in a sanctioned country or on any restricted-party list.

17. Miscellaneous

• Entire agreement. These Terms plus any duly-signed Order Form constitute the entire agreement and supersede prior proposals.
• Severability. If any provision is unenforceable, the remainder will remain in effect.
• Assignment. Neither party may assign without the other's prior written consent, except to an affiliate or in connection with a merger or sale of substantially all assets.
• Force majeure. Neither party is liable for failure to perform due to events beyond reasonable control (e.g., natural disasters, internet outages, governmental actions).
• Notices. Legal notices must be in writing and sent to legal@attendsure.com and to your registered e-mail or physical address.