Terms of Service

1. Agreement to these Terms

These Terms of Service (“Terms”) form a binding agreement between you and Carson Eisner and Macabee Ascher (“Meetly,” “we,” “us,” or “our”) — two individuals based in the State of North Carolina, United States, who together operate the Meetly scheduling service and website (the “Service”). We run Meetly as a personal project, not through a company. By accessing or using the Service — including creating, viewing, or responding to a poll — you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Service.

2. Eligibility

You must be at least 13 years old (and at least 16 in the European Economic Area and the United Kingdom) to use the Service. By using it, you represent that you meet this requirement and that you have the legal capacity to enter into these Terms. If you use the Service on behalf of an organization, you represent that you are authorized to bind that organization, and “you” refers to that organization.

3. The Service

Meetly is a no-account group-scheduling tool. An organizer creates a poll; participants share availability manually or by connecting a calendar; and the Service suggests candidate meeting times. The Service is provided free of charge unless we state otherwise. We may add, change, suspend, or discontinue any part of the Service at any time without liability to you.

4. Access, links, and tokens

There are no accounts. Access to and control of a poll are governed by secret links and tokens rather than by a login. You are solely responsible for keeping poll links, admin tokens, and edit tokens confidential. Anyone who obtains a link or token may be able to view, respond to, manage, or delete the associated poll. We are not responsible for actions taken by anyone who obtains your links or tokens, however obtained.

5. Acceptable use

You agree not to, and not to enable or permit others to:

• use the Service for any unlawful, fraudulent, harassing, infringing, or harmful purpose, or in violation of any applicable law (including anti-spam, privacy, and data-protection laws);
• upload or submit content that is unlawful, defamatory, obscene, or that infringes or misappropriates any third party's rights;
• submit another person's personal information, or connect a calendar, without the necessary rights and consents;
• attempt to gain unauthorized access to the Service, other users' data, polls, or tokens, or probe, scan, or test the vulnerability of any system;
• interfere with or disrupt the Service, introduce malware, or impose an unreasonable load (including scraping, bulk poll creation, or automated abuse);
• reverse engineer, decompile, or circumvent any security or access controls, except to the extent this restriction is prohibited by applicable law; or
• misuse the email, calendar, or video integrations, or send unsolicited messages.

We may investigate suspected violations and may suspend, restrict, or remove polls, responses, or access at our discretion, including to comply with law or protect the Service and its users.

6. Your content

You retain ownership of the content you submit (poll details, names, availability, and any optional email address) (“Your Content”). You grant us a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, and display Your Content solely as necessary to operate and provide the Service to you and the other participants of your poll. You represent and warrant that you have all rights necessary to submit Your Content and to grant this license, and that Your Content does not violate these Terms or any law or third-party right.

7. Organizer responsibilities

If you create a poll or add invitees, you are the party responsible for the personal information you collect from and about participants. You represent that you have a lawful basis and any required consent to invite the people you invite, to email them through the Service, and to process their information. You agree to comply with all applicable privacy, anti-spam, and data-protection laws, and you will indemnify us for claims arising from your failure to do so as set out in Section 12.

8. Third-party services

The Service integrates with third-party services you choose to use, including Google, Microsoft, Apple, Zoom, and our email provider. Your use of those services is governed by their own terms and privacy policies. We do not control and are not responsible for third-party services, and their availability or behavior is outside our control.

9. Intellectual property

The Service, including its software, design, text, and the “Meetly” name and branding, is owned by us or our licensors and is protected by intellectual-property laws. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to use the Service for its intended purpose. We reserve all rights not expressly granted. You may not use our name or branding without our prior written permission.

10. Disclaimer of warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR ACCURATE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY RECOMMENDED TIME, AVAILABILITY CALCULATION, REMINDER, OR EMAIL WILL BE TIMELY, DELIVERED, OR CORRECT. YOU ARE SOLELY RESPONSIBLE FOR VERIFYING ANY SCHEDULING DECISION BEFORE RELYING ON IT. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY EXCLUSIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

11. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL MEETLY OR ITS OWNERS, OPERATORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS, OR FOR ANY MISSED MEETING, LOST OPPORTUNITY, OR SCHEDULING ERROR, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100). THESE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

12. Indemnification

To the fullest extent permitted by law, you will indemnify, defend, and hold harmless Meetly and its owners, operators, and suppliers from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service; (b) Your Content or the information you collect from or about participants; (c) your violation of these Terms or any law or third-party right; or (d) your invitation, emailing, or processing of other people's information.

13. Suspension and termination

We may suspend or terminate your access to the Service, or remove or delete any poll or content, at any time and for any reason, including suspected violation of these Terms, with or without notice. You may stop using the Service at any time, and an organizer may delete a poll from its admin page. Sections that by their nature should survive termination — including Sections 6, 9, 10, 11, 12, 14, and 15 — will survive.

14. Dispute resolution; arbitration; class-action waiver

Please read this section carefully. Except where prohibited by law, you and Meetly agree that any dispute, claim, or controversy arising out of or relating to the Service or these Terms will be resolved by binding individual arbitration, rather than in court, except that either party may bring an individual claim in small-claims court. The arbitration will be conducted by a recognized arbitration provider under its applicable consumer rules, and may take place in North Carolina, United States or remotely.

Class-action waiver. YOU AND MEETLY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims or preside over any form of representative or class proceeding.

To the extent any dispute is not subject to arbitration, it will be brought exclusively in the state or federal courts located in the State of North Carolina, United States, and you consent to their personal jurisdiction. Nothing in this section limits rights that cannot be waived under applicable law.

15. General terms

Governing law

These Terms are governed by the laws of the State of North Carolina, United States, without regard to its conflict-of-laws rules, except where superseded by mandatory law in your jurisdiction.

Changes to these Terms

We may update these Terms from time to time. When we do, we will revise the “Last updated” date shown with them, and, for material changes, provide additional notice where required by law. Your continued use of the Service after an update constitutes acceptance of the revised Terms.

Miscellaneous

These Terms and the Privacy Policy are the entire agreement between you and us regarding the Service and supersede any prior agreements. If any provision is found unenforceable, the remaining provisions remain in effect, and the unenforceable provision will be limited or modified to the minimum extent necessary. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. We are not liable for any delay or failure to perform due to causes beyond our reasonable control.

16. Contact us

Questions about these Terms? Contact:

Carson Eisner & Macabee Ascher
Meetly — North Carolina, United States
carmac.enterprises@outlook.com