Terms and Conditions of Service
Revision: June 15th, 2019
The following terms of service (“Terms of Service”) govern your use of the MyCalendarAlerts Website (the “Site”) and the MyCalendarAlerts web-based, application for calendar monitoring and calendar-event notifications through emails and SMS texts service, accessed through the Site (“Service”), both of which are operated by the MyCalendarAlerts company. (“MyCalendarAlerts” or “we”). By using the Site and/or the Service, you irrevocably agree that such use is subject to these Terms of Service. If you do not agree to these Terms of Service, you may not use the Site or the Service.
MyCalendarAlerts expressly reserves the right to modify the Terms of Service at any time in its sole discretion by including such alteration and/or modification in these Terms of Service, along with a notice of the effective date of such modified Terms of Service. If a revision meaningfully reduces your rights, we will use reasonable efforts to notify you (by, for example, sending an email or by phone).
To the extent you have purchased a subscription to the Service, the modified terms will be effective as to such subscription Service upon your next subscription renewal. In this case, if you object to the updated terms, as your exclusive remedy, you may choose not to renew, including cancelling any terms set to auto-renew. In all other cases, any continued use by you of the Site or the Service after the posting of such modified Terms of Service shall be deemed to indicate your irrevocable agreement to such modified Terms of Service. Accordingly, if at any time you do not agree to be subject to any modified Terms of Service, you may no longer use the Site or Service.
MyCalendarAlerts Intended Services
The MyCalendarAlerts website is a service application with the intent of providing users the ability to monitor their online calendar(s) and send text or email messages according to their alert-policies.
MyCalendarAlerts provides the ability to add extra contacts (including or excluding the Account User) to also receive alerts through emails and/or SMS-texts.
The date and time of when alerts are sent is controlled by the user-defined alert-policies; alerting rules that apply to all events.
MyCalendarAlerts offers a free SMS texting option by using email-to-texting as well as a paid-SMS texting service through Twilio Inc.
The number of contacts, text and email alerts, and access to Twilio's paid-SMS text service are all considered Service Entitlements.
The amount of each entitlement allotted for each account is based on the account-type. Each account-type requires a monthly subscription-fee.
MyCalendarAlerts may also offer a free or trial account with no subscription-fee.
User Account and Passwords
(a) Account Registration and Use: In order to access and use all of the features of this site, you are required to open an account (“User Account”) by registering with MyCalendarAlerts. When you register for your User Account you must provide true, accurate, current and complete information (“Account Information”), and you agree to update the Account Information in order to ensure that it is current. Upon proper registration and opening of a User Account, and subject to all of the terms and conditions of these Terms of Service, MyCalendarAlerts hereby grants to you the personal, non-transferable right and license to use the Service, solely for your own personal or internal business purposes, until such time as either you or MyCalendarAlerts elect to terminate such right in accordance with these Terms of Service.
(b) Eligibility: As an express condition of being permitted to open a User Account, you represent and warrant that you have the legal capacity (including, without limitation, being of sufficient age) to enter into contracts under the law of the jurisdiction in which you reside.
(c) Passwords: Upon registration on the Site, you will provide MyCalendarAlerts with a password to access your account. You are responsible for maintaining the confidentiality of your password and for all of your activities and those of any third party that occur through your account, whether or not authorized by you. You agree to immediately notify MyCalendarAlerts of any suspected or actual unauthorized use of your User Account. You agree that MyCalendarAlerts will not under any circumstances be liable for any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your password.
Your Use of the Site and Service
(a) Account and Use of Service: You may use your User Account for the Service only in accordance with these Terms of Service and only for lawful purposes.
(b) Fees: Some features of the Service may only be accessed and used upon the payment of applicable fees (“Fees”). Fees may vary depending on usage in accordance with our current pricing policy. If you do not initially register for a version of the Service that requires the payment of a fee, you will nonetheless be permitted to use all of the features of the Service for a period of fourteen (14) days (“Free Trial Period”). NOTWITHSTANDING ANYTHING CONTAINED HEREIN, ANY SERVICE PROVIDED DURING THE FREE TRIAL PERIOD IS PROVIDED “AS-IS” WITHOUT ANY REPRESENTATIONS, WARRANTIES OR INDEMNITIES. Upon the expiration of the Free Trial Period, you will only be able to access and use those features of the Service the use of which does not require the payment of a Fee, unless you subsequently upgrade to a paid version of the Service. All Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
Payment services including subscriptions and one-time payments are provided through PayPal Inc.
Buttons to subscribe and unsubscribe are provided through the MyCalendarAlerts website configuration settings, but MyCalendarAlerts does not have direct access or control over the subscription payments.
Ultimate activation and cancelation of subscriptions must be completed through PayPal and MyCalendarAlerts will not be liable for any subscription activations or subscription cancelations.
(c) Refunds, Upgrading and Downgrading: Refunds are processed according to our fair refund policy. Any upgrade or downgrade in your Service use will result in the new Fees being charged at the next billing cycle. There will be no prorating for downgrades in between billing cycles. Downgrading your Service may cause the loss of features or capacity of your User Account. MyCalendarAlerts does not accept any liability for such loss.
(d) Cancellation and Termination by You: You are solely responsible for properly canceling your User Account. An email request to cancel your User Account is required for cancellation, but you will need to cancel payment subscriptions through the payment service (i.e. through your PayPal account). If you cancel your User Account before the end of your current paid up month, your cancellation will take effect immediately, and you will not be charged again. Please note that we do not provide refunds for unused time in the last billing cycle.
(e) Termination and Suspension by MyCalendarAlerts: MyCalendarAlerts may terminate your User Account and/or these Terms of Service at any time and for any reason upon notice to you. We may also suspend our Service to you at any time, with or without cause. If we terminate your User Account without cause, we will refund a prorated portion of your monthly prepayment. We will not refund or reimburse you if we terminate your User Account for cause, including (without limitation) for a violation of these Terms of Service.
(f) Effect of Termination: Once your User Account is terminated, we may permanently delete your User Account and any or all User Content associated with it. If you do not log in to your User Account for 12 or more months, we may treat your User Account as “inactive” and permanently delete the User Account and all the data associated with it. Except where an exclusive remedy may be specified in this Agreement, the exercise by either party of any remedy, including termination, will be without prejudice to any other remedies it may have under these Terms of Service. All sections of this Agreement which by their nature should survive termination will survive, including without limitation, accrued rights to payment, use restrictions and indemnity obligations, confidentiality obligations, warranty disclaimers, and limitations of liability.
(g) Prohibited Conduct: You agree not to use the Site or the Service for:
Submitting any information which is incomplete, false, inaccurate or not your own or impersonating another person.
Engaging in or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any city, state, national or international law or regulation, or which fails to comply with accepted Internet protocol;
You agree not to violate or attempt to violate the security of the Site, the Service or MyCalendarAlerts’s system or network security, including, without limitation, the following:
- Accessing data not intended for users of the Site or the Service, or gaining unauthorized access to an account, server or any other computer system.
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; attempting to interfere with the function of the Site, the Service, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mailbombing”, “crashing”, or sending unsolicited e-mail, including promotions and/or advertising of products or services.
- Attempting to use resource of the site beyond the intended usage of the site or by gaining entitlement-resources beyond the agreed-upon limits of the subscription.
In addition, you agree not to, directly or indirectly: (A) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas or algorithms of the Service or any software, documentation or data related to or provided with the Service (“Software”); (B) modify, translate, or create derivative works based on the Service or Software; or copy (except for archival purposes), rent, lease, distribute, pledge, assign, or otherwise transfer or encumber rights to the Service or Software; (C) use or access the Service to build or support, and/or assist a third party in building or supporting, products or services competitive to MyCalendarAlerts; (D) remove any proprietary notices or labels from the Service or Software; or (E) otherwise use the Service or Software outside of the scope of the rights expressly granted herein. You agree to use the Service and Software only for your own internal business operations, and not to transfer, distribute, sell, republish, resell, lease, sublease, license, sub-license or assign the Service or use the Service for the operation of a service bureau or timesharing service.
(h) Your Contact's Data and alerts: Protecting information on your added contact (included with your entitlement-resources) is your responsibility.
The contacts you add will rely upon you to enable and disable email and text alerting.
You must comply with the demands of your contacts if they request to stop receiving alerts.
If a contact makes a request directly to MyCalendarAlerts, the MyCalendarAlerts will make a best-effort to find the contact information and remove them from the system.
Not complying with the demands of contacts to remove their information and/or to disable email and/or text-alerting to their email or phone may result in termination of the account.
(i) Suggestions: You hereby grant to MyCalendarAlerts a royalty-free, worldwide, transferable, sublicenseable, irrevocable, perpetual license to use or incorporate into the Site, the Service and/or other MyCalendarAlerts offerings any suggestions, enhancement requests, recommendations or other feedback provided by you to MyCalendarAlerts that is related to the Site and/or the Service.
(j) Aggregated and/or Anonymized Data: Notwithstanding anything to the contrary set forth herein or otherwise, MyCalendarAlerts will have the right to collect and analyze data and other information relating to the provision, use or performance of the Site and/or Service and related systems and technologies (including information concerning User Data and data derived therefrom), and to aggregate and/or anonymize all such data and information. MyCalendarAlerts will be free at any time to: (i) use such information and data to improve and enhance MyCalendarAlerts’s offerings; and (ii) disclose such data in aggregate or other de-identified form in connection with its business.
(a) MyCalendarAlerts Content: The information, materials (including, without limitation, HTML, text, audio, video, product descriptions, software and FAQs and other content) available on the Site and/or the Service, excluding Third Party Content (collectively, “MyCalendarAlerts Content”), are the copyrighted works of MyCalendarAlerts, and MyCalendarAlerts expressly retains all right title and interest in and to the MyCalendarAlerts Content, including, without limitation, all intellectual property rights therein and thereto. Except as expressly permitted in these Terms of Service, any use of the MyCalendarAlerts Content may violate copyright and/or other applicable laws.
Linked Websites and Services
The Site and Service contains links to and integrations with third party websites and services (e.g., YouTube or PayPal), and you agree that MyCalendarAlerts provides links to and integrations with such websites and services solely as a convenience and has no responsibility for the content or availability of such websites or services, and that MyCalendarAlerts does not endorse such websites or services (or any products or other services associated therewith). Your use of such websites and services will be subject to the terms applicable to each such website and service.
If you are a paying subscriber to the Service, MyCalendarAlerts warrants to you that it will provide the Service substantially in accordance with its documentation under normal use. In the event of any breach of such warranty, your exclusive remedy will be MyCalendarAlerts’s re-performance of the deficient Service or, if MyCalendarAlerts cannot re-perform such deficient Service as warranted, you may terminate your User Account as set forth above and MyCalendarAlerts will refund a prorated portion of your monthly prepayment. You must notify MyCalendarAlerts in writing of any warranty deficiency within 10 days from receipt of the deficient Service in order to receive the foregoing warranty remedy.
LIMITATION OF LIABILITY
Location of the Site and your Use
MyCalendarAlerts operates or controls the operation of this Site and the Service from offices in the United States. In addition, the Site and the Service may be mirrored, and other websites operated or controlled by MyCalendarAlerts may be located, at various locations in and outside of the United States. MyCalendarAlerts makes no representation or warranty that all of the features of this Site or Service will be available to you outside of the United States, or that they are permitted to be accessed outside of the United States. You acknowledge that you are solely responsible for any decision by you to use of this Site and/or the Service from other locations, and that such use may be subject to, and that you are responsible for, compliance with applicable local laws.
MyCalendarAlerts may give notice applicable to MyCalendarAlerts’s general Service customer base by means of a general notice on the Service portal, and notices specific to you by electronic mail to your e-mail address on record in your User Account or by written communication sent by first class mail or pre-paid post to your address on record in your User Account.
These Terms of Service constitute the entire agreement and understanding between the parties concerning the subject matter hereof, notwithstanding any different or additional terms that may be contained in the form of purchase order or other document used by you to place orders or otherwise effect transactions hereunder, which such terms are hereby rejected. Neither party may assign these Terms of Service without the prior written approval of the other, such approval not to be unreasonably withheld or delayed, provided that such approval shall not be required in connection with an assignment to an affiliate or to a successor to substantially all of such party’s assets or business related to these Terms of Service. These Terms of Service supersede all prior or contemporaneous discussions, proposals and agreements between you and MyCalendarAlerts relating to the subject matter hereof. No amendment, modification or waiver of any provision of these Terms of Service will be effective unless in writing and signed by an authorized representative of both parties. If any provision of these Terms of Service is held to be invalid or unenforceable, the remaining portions will remain in full force and effect and such provision will be enforced to the maximum extent possible so as to effect the intent of the parties and will be reformed to the extent necessary to make such provision valid and enforceable. No waiver of rights by either party may be implied from any actions or failures to enforce rights under these Terms of Service. These Terms of Service are intended to be and are solely for the benefit of MyCalendarAlerts and you and do not create any right in favor of any third party.