The basic agreement
By using the OpusTime application and online services (the “Service”) , you agree to the legal terms set forth by the following terms and conditions (“Terms of Service”). By using the Service, you agree to each of the terms set forth below. If you do not agree with any term or condition set forth below, you are not authorized to use the Service for any purpose.
OpusTime reserves the right to modify the Terms of Service from time to time without prior notice, effective upon posting an updated version of this Terms of Service on the Service or Site. You are responsible for regularly reviewing this Terms of Service. Continued use of the Service after any such modifications to the Terms of Service shall constitute your consent to such modifications.
OpusTime is not responsible for any incorrect or inaccurate content posted on the Site or Service. The Site or Service may be temporarily unavailable from time to time for maintenance or other reasons. OpusTime assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. OpusTime is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Site or Service, including injury or damage to users or to any other person’s computer related to or resulting from use of the Service.
OpusTime does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected. The Service is provided “as-is” and OpusTime disclaims all warranties, whether expressed or implied, including without limitation implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. OpusTime cannot guarantee and does not promise specific results from use of the Service. Except in jurisdictions where such provisions are restricted, in no event will OpusTime or any of OpusTime’s business associates (which for the purposes of these terms will include suppliers, advertisers, referrers, etc.) be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits arising from your use of the Service, even if OpusTime has been advised of the possibility of such damages.
OPUSTIME DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND OPUSTIME WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
We do our best to keep OpusTime safe, but we cannot guarantee absolute security. We need your help to do that, which includes the following:
- Do not send or otherwise use OpusTime to post unauthorized commercial communications (such as spam).
- Do not engage in multi-level marketing or other pyramid-type schemes on OpusTime.
- Do not upload viruses or other malicious code.
- Do not solicit login information or access someone else’s account.
- Do not intimidate or harass other users.
- Do not post content that: incites hate or violence; is threatening, pornographic or contains gratuitous violence.
- Do not develop or operate any application that contains alcohol-related or other mature content (including advertisements) without appropriate age-based restrictions. We respect our payment gateway’s list of restricted business.
- Do not use OpusTime to do anything illicit, illegal, malicious, or discriminatory.
- Do not do anything that could disable or otherwise impair the proper functioning of OpusTime, such as a denial of service attack.
- Do not facilitate or encourage any violations of this Statement.
- You understand that OpusTime uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and other technology required to run the Service. If your bandwidth usage on the Service significantly exceeds the average bandwidth usage of the Service, as determined by OpusTime, we reserve the right to limit your bandwidth to the Service.
Your customers’ registration and account security
OpusTime users (your customers) provide their real names and information to book appointments with you, and we need your help to keep this data safe and protect our customers’ privacy. Here are some commitments you make to us relating to registering and maintaining the security of your account and your customers’:
- You will not provide any false personal information on OpusTime, or create an account for someone else without that person’s permission.
- You will create only one professional profile.
- If we disable your account, you will not create another one without our permission.
- You will not use OpusTime if you are under 13.
- You will keep your contact information accurate and up-to-date.
- You will not share your password, (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
- You will not transfer your account (including any page or application you administer) to anyone without first getting our written permission.
- If you select a username or a business name for your account, we reserve the right to remove it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user’s actual name or the name uses offensive language).
Protecting the rights of others
We respect the rights of others and ask you to do the same.
- You will not post content or take any action on OpusTime that infringes or violates the rights of others, or otherwise violates the law.
- We can remove any content or information you post on OpusTime if we believe that it violates this Statement.
- If we remove your content for infringing someone else’s copyright, and you believe we removed it by mistake, you can appeal.
- If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.
- You will not use our trademarks (including OpusTime, the OpusTime and the OpusTime logo), or any confusingly similar trademarks, without our written permission.
- You will not post anyone’s official documents or financial information on OpusTime.
- You will not identify non-users of OpusTime or send them emails without their consent.
- You will not use the Services in any manner that violates any applicable third party policies or requirements that OpusTime has communicated to you.
Fees, Billing, Taxes & Refund policy
- You agree to pay to OpusTime any fees for each Service you purchase or use, in accordance with the pricing and payment terms presented to you for the Service. Where applicable, you will be billed using the billing method you select.
- Some of our Services are billed on a subscription basis. This means that you will be billed in advance on a recurring, periodic basis (each period is called a “billing cycle”). Billing cycles are typically monthly or annual, depending on what subscription plan you select when purchasing a Subscription. Your Subscription will automatically renew at the end of each billing cycle unless you cancel your Subscription through your online account management page, or by contacting our customer support team. You may cancel your Subscription at any time, in which case your Subscription will continue until the end of that billing cycle before terminating.
- The specifics of the Service and the fees charged for any of the services or Subscription is defined per country and may vary depending on your location.
- You are responsible for determining any and all taxes assessed, incurred, or required to be collected, paid, or withheld for any reason in connection your use of our software and services (“Taxes”). You also are solely responsible for collecting, withholding, reporting, and remitting correct Taxes to the appropriate tax authority. We are not obligated to, nor will we determine whether Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority arising from any transaction. OpusTime specifically disclaims any liability for Taxes.
- OpusTime Fees are not refundable.
Cancelling your Account
If your account is cancelled:
- Your account will be deactivated and can no longer be accessed.
- all of your rights granted under these Terms will immediately come to an end; and
- all of your data and content may be deleted from our systems.
We provide no guarantee that your content can be recovered once your account is cancelled. We are not liable for any loss or damage following, or as a result of, cancellation of your account, and it is your responsibility to ensure that any content or data which you require is backed-up or replicated before cancellation.
Service and Pricing Modifications
- OpusTime reserves the right to modify or remove parts the Service at any time. OpusTime will introduce improvements and new features from time to time into the Service, some of which will be made immediately available at no cost to you.
- Prices for the Service are subject to change upon 30 days notice from OpusTime. Such notice may be provided by posting the changes to the Site or the Service itself.
- OpusTime shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
You are solely responsible for all customer service policies and issues relating to your services, including pricing, cancellations or no shows by you or a Buyer, returns, refunds and adjustments, rebates and warranty, and feedback concerning experiences with your personnel, policies or processes. In performing customer service, you will always present yourself as a separate entity from us. As between you and us, we are solely responsible for customer service issues relating to any OpusTime Account. Payment, card processing, debiting or crediting are the responsibility of the payment gateway, as per their terms of services and you must agree to those terms and services to use OpusTime. Issues relating to the SMS service are the responsibility of the SMS service provider.
If a dispute of any kind arises, we want to understand and address your concerns quickly and to your satisfaction. Please contact OpusTime Support with any dispute.
Limitation on Time to Initiate a Dispute
Unless otherwise required by law, an action or proceeding by you relating to any Dispute must commence within one year after the cause of action accrues.
If you violate the letter or spirit of this Statement, or otherwise create a potential legal liability for us, we can stop providing you with all or part of OpusTime.
- This Statement makes up the entire agreement between the parties regarding OpusTime, and supersedes any prior agreements.
- If any portion of this Statement is found to be invalid or unenforceable, the remaining portion will remain in full force and effect.
- If we fail to enforce any of this Statement, it will not be considered a waiver.
- Any amendment to or waiver of this Statement must be made in writing and signed by us.
- You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
- All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, sale of our assets, by operation of law or otherwise.
- Nothing in this Statement will prevent us from complying with the law.
- This Statement does not confer any third party beneficiary rights.
OpusTime may suspend the service in cases of occurrence of an event beyond its control, of an act of a third party outside the control of OpusTime, or a case of force majeure as defined by case law.
You acknowledges that the Service is licensed to you and that OpusTime retains ownership of all right, title and interest to the Service, the Service design and documentation, and the intellectual property rights therein (including without limitation, all patent rights, design rights, copyrights and trade secret rights). You agrees not to (i) copy, modify, or reverse engineer the Service hardware, software, or design, make derivative works based upon the Service, or use the Service to develop any Services, without OpusTime’s prior written approval or (ii) sell, license, rent, or transfer the Service to any third party. OpusTime (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, for suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service.
OpusTime claims no intellectual property rights over any of the content or data you upload or add to the Service. All data added to the Service by you or users of your account retains its original ownership.
Governing Law and Venue
The Terms of Service shall be governed by the laws of Panama and the validity, interpretation and effect shall be governed by the laws of Panama applicable to contracts executed and performed wholly therein. Courts within Panama shall have exclusive jurisdiction to adjudicate any dispute arising out of this Agreement. Each party hereto expressly consents to the personal jurisdiction of, and venue in, such courts.
These Terms are prepared and written in English. To the extent that any translated version conflicts with the English version, the English version controls, except where prohibited by applicable law.
You agree to indemnify and hold OpusTime, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Site in violation of this Terms of Service or your violation of any law or the rights of a third party.