Acceptance of the Terms of Use

These Terms of Use (“Terms” or “Agreement”) are a legal agreement between you and SWH LABS LLC (“CalBot,” “we,” “our,” or “us”) and govern your use of all the text, data, information, software, graphics, photographs, and more that we and our affiliates may make available to you (all of which we refer to as “Documentation”), including our websites and any services, plug-ins, software, or other Downloadable Tools that we may provide through any of our websites (the “Platform” or “Website” and together with the Materials, these “Service(s)”).

CalBot “Users” are the people who have created a CalBot account (also referred to as “Customer(s)”), and CalBot “Invitees” are people who have scheduled a meeting with a CalBot User but may or may not have registered with CalBot. A CalBot “Viewer” is a person who visits the CalBot Website but may or may not be a CalBot User or CalBot Invitee. If you are entering into these Terms on behalf of a company or other organization, you represent and warrant that you are authorized to do so (“Authorized User”).

READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE. USING THESE SERVICES INDICATES THAT YOU HAVE READ AND ACCEPTED THESE TERMS.

By using the Services or by clicking to accept these Terms when prompted, you agree to be bound by these Terms and our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms or the Privacy Policy, you must not access or use our Services.

Our Service is not intended for individuals under 18 years of age. By registering for a CalBot account, you confirm that you are at least 18 years old, and that all CalBot Users and Invitees under your account are also at least 18. Creating an account with false information, or on behalf of minors, violates these Terms.

Changes to the Terms of Use

We may revise and update these Terms of Use at our sole discretion. All changes are effective immediately upon posting and apply to all access and use of the Website thereafter. However, changes to the dispute resolution provisions will not apply to disputes for which parties have actual notice prior to the posting of such changes.

Your continued use of the Services after changes are posted constitutes acceptance of those changes. You are encouraged to check this page periodically.

Scope

CalBot’s Services facilitate online appointment scheduling. You may access and use the Services only in accordance with these Terms. These Terms govern your use of the Services, including the process by which your Invitees schedule appointments with you.

When using features of the Services, you are also subject to any agreements, policies, or guidelines posted from time to time, which are incorporated by reference.

Accessing the Services and Account Security

We reserve the right to withdraw or amend the Website and our Services in our sole discretion without notice. We are not liable if any portion of the Services is unavailable at any time. We may also restrict access to parts of the Services or the entire Website.

You are responsible for arranging your access to the Website and ensuring that all persons accessing the Services through your internet connection comply with these Terms. Registration details you provide must be accurate, current, and complete. All information you provide in connection with the Services is governed by our Privacy Policy.

If you choose a username, password, or other security information, you must keep it confidential. You are responsible for all activity under your account and must notify us immediately of any unauthorized use.

We reserve the right to disable any username, password, or other identifier if we believe you have violated these Terms.

Intellectual Property Rights

The Website, Services, Downloadable Tools, and all associated content (including software, text, images, audio, and video) are owned by the Company, its licensors, or other providers and are protected by intellectual property laws.

These Terms grant you a limited, personal, non-commercial license to use the Services. You must not reproduce, modify, distribute, or create derivative works from any materials on the Website except as permitted herein.

If we offer Downloadable Tools (such as CalBot browser extensions), such tools are subject to additional terms, including our End User License Agreement.

Trademarks

The Company name, the term CALBOT, and all related logos, product names, designs, and slogans are trademarks of the Company or its affiliates. You may not use these marks without our written permission. All other marks are the property of their respective owners.

Prohibited Uses

You agree to use the Services only for lawful purposes. You must not:

• Violate any federal, state, local, or international law.
• Exploit, harm, or attempt to harm minors.
• Upload or use any material that does not comply with our Content Standards.
• Transmit unsolicited advertising, spam, or similar solicitations.
• Impersonate the Company or any person, or misrepresent your affiliation.
• Interfere with the proper working of the Services.
• Disclose protected information or data subject to special protection under law.

You also agree not to use any automated means to access or copy the materials on our Website.

Account Setup

To use the Website, you must create a CalBot account. You may establish either a free account (“Free Account”) or a paid account (“Paid Account”). You are allowed one Free Account only. CalBot reserves the right to terminate additional or inactive Free Accounts.

When creating an account, you must provide accurate, current, and complete registration information. It is your responsibility to maintain and update your account information.

You must choose a strong password and keep it confidential. If you suspect any breach of security, notify us immediately at [email protected].

Subscription Period and Subscription Fees

You agree to pay all applicable fees as described on our pricing page. By providing a payment method, you authorize us to charge your payment method for the subscription fees, taxes, and any additional charges at regular intervals.

Subscription periods may be month-to-month, yearly, or as otherwise specified. Paid Accounts are subject to automatic renewal for the same period unless cancelled.

Renewal/Cancellation

Paid Accounts will automatically renew for the same subscription period unless you cancel by the end of the current period. You can cancel your account within the CalBot application via the "billing" page. Cancellation takes effect immediately and does not entitle you to a refund.

User Contributions

The Website may include interactive features such as message boards, chat rooms, forums, and bulletin boards where users can post content (“User Contributions”). All User Contributions must comply with our Content Standards.

By posting any User Contributions, you grant us and our affiliates a non-exclusive, transferable, worldwide, royalty-free license to use, reproduce, modify, and distribute your content in connection with operating and providing the Services.

License to User Content

You grant CalBot an irrevocable, perpetual, royalty-free, worldwide, sublicensable, nonexclusive license to copy, modify, publish, and display your User Content, and to use your User Content in connection with operating, improving, and providing you with CalBot Community.

User Content is Public

All User Contributions are considered non-confidential and non-proprietary. CalBot is not liable for any content posted by users.

Monitoring and Enforcement; Termination

We reserve the right to remove any User Contributions for any reason, take any action deemed necessary, disclose your identity to third parties if required, and cooperate with law enforcement regarding any illegal or unauthorized use of the Website.

We may suspend or terminate your access to the Website if you breach these Terms.

Content Standards

All User Contributions must comply with all applicable laws and must not:

• Contain defamatory, obscene, abusive, offensive, or otherwise objectionable material.
• Promote explicit or pornographic content, violence, or discrimination.
• Infringe on any intellectual property or proprietary rights.
• Violate the legal rights of others or cause civil or criminal liability.
• Be deceptive, misleading, or impersonate any person or entity.
• Promote any illegal activities or commercial transactions not authorized herein.

Reliance on Information Posted

The information on the Website is for general informational purposes only. We do not warrant its accuracy, completeness, or usefulness. Any reliance on such information is at your own risk.

Changes to the Website

We may update the content on this Website from time to time, but we do not guarantee that the information is complete or up-to-date.

Information About You and Your Visits to the Website

All information we collect on this Website and in connection with our Services is subject to our Privacy Policy.

Linking to the Website and Social Media Features

You may link to our homepage provided that you do so fairly, legally, and without suggesting any form of association, approval, or endorsement. Certain social media features allow you to display content from the Website on third-party sites, subject to our terms.

You must not create links or frames that display any part of the Website other than the homepage without our consent.

Links from the Website

Links to third-party sites provided on the Website are for your convenience only, and we accept no responsibility for their content or any damages arising from your use of them.

SMS Consent and Messaging Terms

By providing your phone number during registration or in your account settings, you expressly consent to receive SMS messages from CalBot. These messages may include reminders, account updates, and scheduling notifications.

Message frequency may vary depending on your usage. Message and data rates may apply depending on your mobile carrier plan.

You can opt out of receiving SMS messages at any time by replying "STOP" to any message. For help, contact [email protected].

We do not share your phone number with third parties for their marketing purposes.

Local Laws; Export Control

We operate the Services from our headquarters in the United States, and if you use the Services outside the United States, you are responsible for complying with local laws. Both CalBot and you must comply with all applicable United States export control laws and regulations.

This includes acknowledging that the Services may be subject to U.S. Export Administration Regulations and that you will not allow access from embargoed or restricted countries.

Disclaimer of Warranties

You understand that we do not guarantee that files available for download or any content on the Website is free from viruses or harmful components. You are responsible for your own antivirus protection and data backups.

THE WEBSITE, ITS CONTENT, AND ANY SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED.

Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER THE COMPANY, ITS AFFILIATES, NOR ANY OF THEIR AGENTS OR OFFICERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR THE SERVICES.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers from any claims or damages arising from your violation of these Terms or your use of the Website.

Governing Law and Jurisdiction

All matters related to the Website and these Terms shall be governed by the laws of the State of California, without regard to conflict of laws. Any legal action shall be exclusively brought in federal or state courts located in California.

Arbitration

At our sole discretion, any disputes arising from these Terms or your use of the Website may be resolved by final and binding arbitration under the Rules of Arbitration of the American Arbitration Association, applying California law.

Limitation on Time to File Claims

Any claim arising out of or relating to these Terms or the Website must be brought within one (1) year after the claim accrues; otherwise, such claim is permanently barred.

Waiver and Severability

No waiver of any term or condition of these Terms shall be deemed a continuing waiver of that term or any other term. If any provision is held invalid, the remaining provisions shall continue in full force and effect.

Entire Agreement

These Terms of Use, along with our Privacy Policy and Terms of Sale, constitute the entire agreement between you and CalBot regarding the Website and supersede all prior agreements.

Your Comments and Concerns

For all feedback, comments, technical support requests, or other communications regarding the Website, please contact us at: [email protected]