Terms of Use
Terms and Conditions
Welcome to the Setmore.com website (collectively, including all content and functionality available through the Setmore.com domain name, the Setmore blog, downloadable software, mobile applications (including tablet applications) and other services provided by us, referred to as the “Site”). By accessing or using the Site, you (Site visitor, or “User”), whether registered or not, accept these Terms of Use (“Agreement”), including as applicable Setmore Data Processing Addendum ('DPA') and our Privacy Policy, which are incorporated into the Agreement, and agree to be bound by these terms and all applicable laws of the State of Oregon and the United States of America.
The Privacy Policy is available for review here: https://www.setmore.com/privacy.
The Setmore Data Processing Addendum is available here:
https://www.setmore.com/blog/setmore-data-processing-addendum-dpa/
Use of Site
The Site is not intended for and may not be used by individuals who are under thirteen years of age. By registering a Setmore account, the Site visitor or User promises that they are at least eighteen years of age. The Site may not be used to gain or attempt to gain a competitive advantage in Setmore's industry market or be used for any commercial purpose. Services and products are intended only for persons who are legally permitted to enter binding contracts. The information, opinions, images, messages, website links, text information, music, videos, graphics, files, ideas, data and any other content provided to us by Users (“User Submissions”) and uploaded, published, displayed or otherwise made available (“posted”) on the Site is not endorsed by Setmore. Users are solely responsible for the submissions he or she posts. Users retain all ownership rights in his or her own User Submissions. However, by submitting User Submissions to the Site, Users have the right to grant to Setmore a non-exclusive, worldwide, non-revocable, transferable, royalty-free, and perpetual right to use the User Submissions. Users rights are in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, sub-license, reproduce, create derivative works, distribute, assign and commercialize without any payment due to User. User Submissions are not confidential or proprietary.
Third-Party Software Integrations
Setmore integrates with a number of third-party apps and software platforms to allow for greater functionality and expanded services offerings. Some examples of these integrations include MailChimp and Infusionsoft, for which the Setmore user must maintain their own MailChimp or Infusionsoft account, respectively. Users may access content, products, or services from these third parties through hyperlinks, banners, images, emails, in-app messages, APIs, or other means. If you access any third party content, products, or services through the Site, you should be aware of the separate Privacy Policies and Terms of Use for those third parties.
Some of these third party integrations, for example Stripe or Square, provide electronic web-based transaction platforms for the User to accept, manage, or otherwise process monetary or credit transactions supporting the exchange of products and services with their customers or other entities. For any such transaction, Setmore does not represent either the seller or buyer, and has no control over and is not liable for the quality, safety, lawfulness, or availability of any products or services offered. The User agrees that Setmore shall not be liable or responsible for any damages, claims, liabilities, costs, harms, inconveniences, privacy law violations, data breaches business disruptions or expenditures of any kind that may arise or result of or in connection with any transactions carried out through these third party integrations. In the event that any User has a dispute with any party to a transaction, the User agrees to release, hold harmless, and indemnify Setmore from all claims, demands, actions, proceedings, costs, expenses and damages arising out of or in connection with any transaction or dispute.
A complete list of Setmore’s integrations can be found at https://www.setmore.com/integrations.
Subscription Fees for Paid Services
Setmore offers a free, basic software plan, but you may choose to upgrade to a paid subscription. You agree to pay all applicable fees related to your use of the Site and any services provided by Setmore as described on the Setmore Products page and in related sub-pages, which are available for review here: https://www.setmore.com/pricing. By providing a payment method, you expressly authorize Setmore to charge the applicable cost of services, and other costs such as overage fees and taxes, at regular intervals as set forth in each paid product description. Setmore will automatically renew and charge your payment method based on the subscription plan chosen, plus any additional overage or service fees, plus arrears due to failure to process a payment owed during a previous billing cycle if applicable. Payments are non-refundable, but Setmore may consider a request to refund a past payment on a case-by-case basis.
By creating an account and upgrading to a paid subscription for a Setmore product or service, you consent to allow Setmore to charge your credit card (or other payment method) through its payment processors for the amounts due for your initial subscription period and for additional subscription periods until your account is downgraded back to the Free, Basic Setmore plan, or until your canceled or deleted. Paid accounts will automatically renew at the start of each new subscription period unless you downgrade the account to a free plan or cancel the account. Downgrading or cancellation will be effective immediately and you will not be entitled to a refund of any payments for the remainder of the unused subscription period. You may downgrade or cancel your Setmore account by sending an email to help@setmore.com, or by navigating through the settings menus in the Setmore product.
Electronic Communications
By using the Site or registering for Setmore, you consent to receive electronic communications from us. These may include operationally essential messages about topics including but not limited to: changes to your account settings; appointments that have been created, modified, or cancelled in your account; payment receipts, notices of delinquent payment, or other transactional information or requests; and other messages as consistent with our Privacy Policy. Setmore may also send you educational or promotional messaging about new features, product offerings, or services that it determines may be relevant to you, but which may also be considered not operationally essential. You have the ability to opt-out of any non-essential messaging at any time; please refer to the Setmore Privacy Policy for more information.
Third Party Links and Content
By using the Site or registering for Setmore, you consent to receive electronic communications from us. These may include operationally essential messages about topics including but not limited to: changes to your account settings; appointments that have been created, modified, or cancelled in your account; payment receipts, notices of delinquent payment, or other transactional information or requests; and other messages as consistent with our Privacy Policy. Setmore may also send you educational or promotional messaging about new features, product offerings, or services that it determines may be relevant to you, but which may also be considered not operationally essential. You have the ability to opt-out of any non-essential messaging at any time; please refer to the Setmore Privacy Policy for more information.
Rules of Conduct
The following rules of conduct apply to Users use of the Site and to all User Submissions posted on the Site. Users agree to adhere to generally accepted rules of etiquette and behavior standards. Additionally, as a User, you agree not to: post User Submissions that are libelous, hateful, inflammatory, illegal, inaccurate, malicious, false, pornographic, defamatory, harmful to others, obscene, sexually explicit, harassing, vulgar, violent, racially, ethnically or culturally offensive, or otherwise objectionable or offensive in any way; post User Submissions that are invasive of privacy, publicity, intellectual property, proprietary, or contractual rights; post photos or videos of another person without that person's consent; post any advertising or solicitation or commercial content whatsoever on the Site; post User Submissions or take any action on the Site that violates any law, creates liability, or promotes illegal activities; impersonate any person or entity, or misrepresent him or herself or any affiliation with any person or entity; promote software or services that delivers unsolicited email or contains viruses, Trojan horses, worms, time bombs, or other harmful programming routines or computer code; engage in any systematic retrieval of content or information from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory, whether through the use of robots, spiders, automatic devices or manual processes; solicit personal information from anyone under the age of 18; post the personal information of another person without that person's permission; or use another User's account or modify or remove another User's User Submissions without their permission.
Setmore agrees not to prescreen User Submissions and does not guarantee that the Site will be free from offensive, inaccurate, unlawful or otherwise objectionable User Submissions. Setmore expressly disclaims any liability in connection with User Submissions; assumes no responsibility for, or any obligation to monitor or remove, User Submissions; assumes no responsibility for any action or inaction taken in regards to offensive content or User Submissions on the Site; reserves the right to restrict any User's access to the Site and to edit, remove, or refuse to post any User Submissions or terminate User accounts for any or no reason. This includes, without limitation, User Submissions that may be harmful to others or if User has engaged in harassment of Setmore service providers. Users may immediately notify Setmore of any objectionable User Submissions appearing on the Site, but Setmore makes no promise that it will edit or remove any specific User Submissions.
Although Setmore's webmaster updates information on the Site periodically, Setmore does not offer assurance that the information or material is error-free or complete. Such updates include but are not limited to availability and price. Setmore reserves the right to revise or change information on the Site without prior notice. Although we apologize for the inconvenience, Setmore reserves the right to correct any information at any time, even during User transactions, and will take measures that may include refusal, cancellation, or revision to adjust Users final payment. All prices are available for limited time only, and Setmore reserves the right to change any price without notice. Current promotions, sales, and discounts are not valid towards previously purchased service. In the event where Setmore's cost to provide service (namely SMS and Email) exceeds the revenue derived from the Customer, Setmore reserves the right to cancel, revise, modify pricing, or refuse service.
Third Party Links and Content
Links and references to and from third party websites are provided for convenience only. Setmore does not expressly or implicitly endorse any information, materials, or services offered on third party sites, nor their accessibility or security. Setmore does not assume any responsibility or liability for third party sites, nor does Setmore make any representation or warranties for or with respect to these sites. No User may provide links to Setmore's website without prior written permission from Setmore's webmaster. To request such permission, contact help@setmore.com. Setmore and its service providers do not guarantee the accuracy or completeness of the Site's content. Setmore does not assume responsibility or liability for third party content on the Site. Vendors of Setmore may furnish certain information available to the User, including certain product data and opinions, and thus User agrees to indemnify Setmore service providers and affiliates against all losses or damages resulting in User's reliance on any information, opinion, or advice obtained through the Site.
Termination
Setmore reserves the right, in its sole discretion, to terminate any User account and any User Submissions, and restrict User's access to all or any part of the Site, for any or no reason, without notice, and without liability to any User or anyone else. These Terms of Use are applicable to any User who accesses, registers, or purchases anything on the Site. The terms of Termination; Indemnity; Copyright and Trademark Disclaimer; Limitation of Liability and Disclaimer of Warranties; and Governing Law sections will survive any termination of service or use of the Site.
Indemnity
User agrees to indemnify Setmore and its service providers and affiliates against all losses or damages, including reasonable attorney's fees, resulting from or relating in any way to his or her User Submissions, use of the Site, any violation of this Agreement, Privacy Policy, the DPA, any law, or the rights of any third party, or any activity on the User's account by another third party.
Copyright and Trademark Disclaimer
The Site is owned by Setmore and is available for Users personal and commercial purposes. The Setmore name, logo, and site content, including all pictures, slogans, text, colors, designs, graphics, images, icons, buttons, code, and software, are all subject to trademark, copyright, and other applicable intellectual property rights and law. Third-party trademarks, product names, and logos on the Site are the property of their respective owners. Setmore retains sole rights for all use, production, and copy of its trademarks, and any misuse is strictly prohibited. Setmore trademarks may not be copied, reproduced, modified, downloaded, published, exploited, or transmitted without first obtaining written permission from Setmore. Permission is only granted to electronically copy and print pages from the Site solely as related to the non-commercial placement of User's personal order from Setmore. Setmore retains all intellectual property rights, copyrights, and trademarks for any material that User prints for personal use. User agrees to respect all applicable intellectual property laws and not use any materials on the Site to create new works. User agrees to not use, copy, or distribute any of the content, including User Generated Content, other than expressly permitted, for any commercial purpose. User warrants that he or she owns all rights in any User Submissions posted to the Site. User agrees not to post, modify, distribute, or reproduce User Submissions that belong to another person, without first obtaining the owner's permission to post such User Submissions and grant to Setmore all of the license rights granted in this Agreement.
Limitation of Liability and Disclaimer of Warranties
Setmore provides the site “as is” and does not claim to make any warranties, express or implied, about the serviceability, merchantability, fitness for a particular purpose, or content of the site. Setmore further does not warrant that its site or applicable server is free from viruses or other potentially harmful code. Neither Setmore nor any of its service providers shall be liable for any claims arising from any use or inability to use products or services, privacy law violations, data breaches, the conduct of other site users, malfunctions or defects in the site, lack of privacy or security when using the site, for any delay in or lack of delivery, for any loss of profits, data, or business, for user or any third party, as permissible under all applicable law. If applicable law does not permit such an exclusion of liability for incidental, special, or consequential damages, Setmore’s liability shall be limited to the maximum extent permitted by applicable law. User agrees to indemnify and hold harmless Setmore and its service providers from damages, and neither party will be liable for any indirect, incidental, special, consequential or any damages whatsoever (including, but not limited to, damage caused by lost profits, loss of business opportunity, lost data, computer viruses, business interruption, lost revenue, or loss of goodwill) for any cause of action, whether in contract, tort, strict liability, or otherwise, arising out of or related to this agreement or a breach thereof. In no event shall Setmore be liable for damages in excess of the price charged to user for user's order. This limitation shall not apply to death or personal injury to the extent that applicable law prohibits such limitation. Setmore reserves the right to change or discontinue at any time any aspect or feature of this site.
PRIVACY
Setmore is not currently HIPAA compliant. Users are solely responsible for compliance with HIPAA, HITECH, and similar data protection and privacy laws. For purposes of this Agreement, “HIPAA” means the Health Insurance Portability and Accountability Act of 1996, as amended, and “HITECH” means the Health Information Technology for Economic and Clinical Health Act, enacted as part of the American Recovery and Reinvestment Act of 2009, as amended.
This Agreement herein incorporates by reference the DPA when GDPR applies to the use of the Site. The parties agree that the DPA replaces and supersedes in its entirety any previously agreed data processing addendum between you and Setmore relating to the EU Directive 95/46/EC.
Setmore and its affiliates will handle any Personal Data (as defined in the DPA) relating to the personnel of User, User’s affiliates and third parties acting on behalf of User (together, “Personnel”) that is provided to Setmore, its affiliates or third parties acting on the behalf of Setmore for the purposes of this Agreement in accordance with the handling practices described in the Privacy Policy. User consents, and will ensure that the Personnel to whom such Personal Data relates consent, to the collection, storage, use, disclosure and processing of Personal Data of the Personnel by Setmore, its affiliates and third parties acting on Setmore’s behalf in accordance with the Privacy Policy for the purposes of this Agreement, including without limitation to provide the Site to, or to communicate with, User and its Personnel. User represents and warrants that it is entitled in accordance with applicable laws to provide such Personal Data to Setmore, its affiliates and third parties acting on Setmore’s behalf for the purposes of this Agreement. User acknowledges, and will ensure that the Personnel to whom such Personal Data relates are aware, that the Personal Data may be transferred to other countries outside the domicile of User or its Personnel, and that the protections afforded Personal Data under applicable laws and regulations may not be comparable or as protective as such data is protected in their domicile.
For purposes of this Agreement (1) “GDPR” means the General Data Protection Regulation (“GDPR”) (Regulation (EU) 2016/679), and (2) “Personal Data” means any information relating to an identified or identifiable natural person; an identified or identifiable natural person is one who can be identified, directly or indirectly, including without limitation by reference to an identifier.
Governing Law
The Site is controlled and operated by Setmore in Multnomah County, Oregon, United States of America. Setmore makes no claim that the Site, its services, are appropriate or accessible to other locations. User accesses the Site on her/his own initiative, accepts and agrees to be bound by the terms of the Agreement, the Privacy Policy, and the DPA, and submits to the jurisdiction and venue in the state or federal courts located in Oregon. This agreement shall be governed by the laws of the State of Oregon without giving effect to its conflicts of law principles. The provisions of this Agreement will be deemed severable, and the invalidity or unenforceability of any provision will not affect the validity or enforceability of any other provision.
If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at privacy@setmore.com.
