Terms of Service

1. Definitions

A few terms appear throughout these Terms:

• • Service: the Georgie website, app, iOS app, booking pages, and related features we provide.
• • You, or Practitioner: the wellness professional or business that holds a Georgie account. You are our customer.
• • Client: a person who books with you, or whose information you store in Georgie. Your Clients are not our customers; they interact with the Service through your booking page and the records you keep.
• • Your Content: the information you add to or generate in Georgie, including your business details, services, Client records, appointments, and notes.
• • Stripe: Stripe, Inc. Stripe is our payment processor for your Georgie subscription, and is your payment processor for the payments you take from your Clients through Stripe Connect. Georgie is not a party to those Client payments.
• • Privacy Policy: our privacy policy, which is part of these Terms.

2. Who can use Georgie

Georgie is scheduling and payments software for solo wellness practitioners and the businesses they run. To use it, you must be at least 18 years old and able to enter into a binding contract. You are responsible for holding any licenses, registrations, and qualifications your practice or profession requires. If you use Georgie on behalf of a business, you confirm that you are authorized to accept these Terms for that business.

3. Your account

You need an account to use most of Georgie. You are responsible for the information you provide, for keeping it accurate, and for everything that happens under your account. Keep your password and access credentials confidential, and tell us promptly if you suspect any unauthorized use. Georgie provides security features such as session management, but safeguarding access to your account is ultimately your responsibility.

4. The service

Georgie provides a booking page, calendar and scheduling, Client records, automated reminders, payment facilitation, a companion mobile app, and related features (together, the "Service"). We are continually improving Georgie, so we may add, change, or remove features over time. Some features rely on third-party services.

5. Subscriptions, billing, auto-renewal, and refunds

Georgie is a paid subscription. Current pricing is shown on our pricing page, and as of the last-updated date is $49 per month or $490 per year. The plan you choose is billed in advance through our payment processor.

Automatic renewal: your subscription renews automatically at the end of each billing period, each month or each year, at the then-current price, and your payment method is charged automatically, until you cancel. When you subscribe, you authorize these recurring charges. Where the law requires it, we will send a reminder before an annual subscription renews, and we will give you advance notice of any price change, which takes effect on your next renewal.

Cancelling: you can cancel at any time from your account, with no phone call or email required. Cancellation takes effect at the end of your current billing period, and you keep access until then.

30-day money-back guarantee: if Georgie is not the right fit, contact us within 30 days of your first subscription payment and we will refund that payment in full. This guarantee is our promise to first-time subscribers and is the main exception to the rule below.

Other than the money-back guarantee, and except where the law requires otherwise, fees already paid are non-refundable, including for partial periods. You are responsible for any taxes associated with your subscription.

6. Payments from your clients

Georgie lets you accept payments from your Clients through Stripe. To use this, you must create or connect a Stripe account and agree to Stripe's applicable terms, including the Stripe Connected Account Agreement.

Stripe, not Georgie, processes these payments and is responsible for handling funds, payouts, refunds, disputes, and chargebacks. Payments from your Clients settle into your own connected Stripe account, and you control payouts. Georgie is not a bank, money transmitter, or payment processor, and is not a party to the transaction between you and your Client. Georgie does not charge a platform fee or take a percentage of your bookings; Stripe's standard processing fees apply and are charged by Stripe.

You are solely responsible for the services you provide to your Clients, your prices, any refunds you owe them, applicable taxes, and resolving any dispute with a Client.

7. Your content and your clients' information

"Your Content" means the information you add to Georgie, including your business details, services, Client records, appointments, and notes. You keep ownership of Your Content. You grant Georgie a limited, non-exclusive, worldwide, royalty-free license to host, store, process, and display Your Content solely to operate, secure, support, and improve the Service for you. This license ends when you delete Your Content or close your account, except for backups kept for a limited period and records we must retain by law. It is not perpetual, and we do not sell it or sublicense it for anyone else's purposes.

We do not use Your Content, including Client records and health-related notes, to train machine-learning or artificial-intelligence models.

You are responsible for Your Content and for having all rights and consents needed to provide it to us. This includes obtaining your Clients' consent to store their personal information and any health-related notes you choose to keep, and to receive reminders. As described in our Privacy Policy, you are the controller of your Clients' personal information and Georgie acts as your processor and service provider, handling it on your behalf and on your instructions. If one of your Clients asks to exercise a privacy right over their information, direct them to you.

Health information and HIPAA: Georgie is not a HIPAA covered entity. You decide whether your practice is subject to HIPAA or similar health-privacy laws, and you remain responsible for your own compliance. Because Georgie can store SOAP notes and other health-related information you enter, if you are a covered entity or business associate under HIPAA and you intend to store protected health information in the Service, a Business Associate Agreement should be in place; contact us at privacy@georgiescheduler.com to put one in place. Our standard Business Associate Agreement, and a Data Processing Addendum for data-protection laws such as the GDPR, are available on request. Note that Stripe does not act as a business associate, so never put health information into payment fields.

8. Acceptable use

When using Georgie, you agree not to:

• • Break any applicable law or regulation, or infringe anyone's rights.
• • Upload malicious code, or attempt to gain unauthorized access to the Service or its systems.
• • Probe, scan, overload, or disrupt the Service, or circumvent its security or rate limits.
• • Copy, resell, sublicense, or provide the Service to third parties, other than your own Clients using your booking page.
• • Reverse engineer or attempt to extract the source code of the Service, except where the law expressly permits it.
• • Send spam, or send messages through the Service without the recipient's required consent.

9. Reminders and messages you send through Georgie

Georgie sends two kinds of messages. Service messages, such as booking confirmations, appointment reminders, and account and security notices, are part of the Service. Because they are necessary to operate your account and your Clients' bookings, they are not marketing and cannot be turned off while the related feature is in use.

Reminders and other messages we send to your Clients on your behalf go out by email and SMS. You choose the recipients and the content, so you are solely responsible for those messages and for complying with the laws that apply to them, including obtaining each Client's prior consent before reminders are sent, honoring opt-out requests, and following the TCPA, CAN-SPAM, and carrier rules. Georgie acts only as the technology that delivers the messages you configure.

Your Clients can opt out of SMS reminders at any time by replying STOP, and can reply HELP for help. Message frequency varies based on your appointments, and message and data rates may apply. We and the carriers are not responsible for delays in delivering messages.

10. Third-party services

Georgie works with third-party services, including Stripe for payments, Amazon Web Services for hosting, email and text-messaging providers for notifications, and sign-in providers such as Google and Apple. Your use of those services is governed by their own terms and privacy policies, and we are not responsible for them. The providers that process information on our behalf are listed in our Privacy Policy.

11. Intellectual property

Georgie and everything that makes it up, including its software, design, and trademarks, belong to us and our licensors. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service in accordance with these Terms. We reserve all rights not expressly granted. If you send us feedback or suggestions, we may use them without any obligation to you.

12. Copyright and the DMCA

We respect intellectual-property rights and expect you to do the same. If you believe content on the Service infringes your copyright, send a notice to our designated agent at privacy@georgiescheduler.com that includes the information the Digital Millennium Copyright Act (DMCA) requires: identification of the work, identification of the allegedly infringing material and where it is, your contact details, a statement of good-faith belief that the use is not authorized, a statement under penalty of perjury that your notice is accurate and that you are authorized to act, and your signature.

We may remove material claimed to be infringing, and we may suspend or terminate accounts of users who repeatedly infringe.

13. Availability and changes

We work hard to keep Georgie reliable, but we do not guarantee that it will always be available, uninterrupted, or error-free. We may modify, suspend, or discontinue parts of the Service, and we may carry out maintenance that makes it temporarily unavailable.

14. Suspension and termination

You may stop using Georgie and close your account at any time. We may suspend or terminate your access if you breach these Terms, fail to pay, or where we reasonably need to in order to protect the Service, other users, or third parties. When your account ends, your right to use the Service ends with it.

After your account closes, you will have 30 days to export Your Content. After that window we will delete or de-identify Your Content within 90 days, except for records we must keep longer to meet legal, accounting, or security obligations, such as transaction records and audit logs. We handle Your Content in line with our Privacy Policy throughout.

15. Disclaimers

The Service is provided "as is" and "as available," without warranties of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will meet your requirements, or that it will be uninterrupted, secure, or error-free. Georgie is a tool to help you run your practice; it is not legal, tax, medical, or other professional advice.

16. Limitation of liability

To the fullest extent permitted by law, Georgie and its suppliers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or relating to your use of the Service. To the fullest extent permitted by law, our total liability for any claim relating to the Service will not exceed the greater of the amount you paid us for the Service in the twelve months before the claim, or one hundred US dollars. Some jurisdictions do not allow certain limitations, so some of these may not apply to you.

17. Indemnification

You agree to indemnify and hold harmless Georgie and the people who work on it from any claims, damages, losses, and expenses, including reasonable legal fees, arising out of Your Content, your use of the Service, your violation of these Terms or any law, or your dealings with your Clients.

18. Dispute resolution and arbitration

Please read this section carefully. It affects how disputes between you and Georgie are resolved.

Informal resolution first: if you have a dispute with us, contact us at support@georgiescheduler.com and give us 60 days to try to resolve it informally. Most issues can be settled this way.

Class-action waiver: to the extent permitted by law, you and Georgie agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any class, consolidated, or representative proceeding.

Arbitration: if we cannot resolve a dispute informally, you and Georgie agree to resolve it through binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, then in effect, rather than in court, except that either party may bring an individual claim in small-claims court, and either party may seek injunctive relief in court to protect intellectual property or confidential information. The arbitration will take place in [County, State] or by video or phone, and the arbitrator may award the same individual relief a court could.

30-day opt-out: you can opt out of this arbitration agreement by emailing privacy@georgiescheduler.com within 30 days of first accepting these Terms, stating your name and that you opt out of arbitration. If you opt out, the class-action waiver and the governing-law and venue section still apply.

If the class-action waiver is found unenforceable as to a particular claim, that claim will proceed in court rather than in arbitration, and the rest of this section still applies.

19. Governing law and venue

These Terms are governed by the laws of the State of [State], without regard to its conflict-of-laws rules. Except for disputes subject to arbitration or eligible for small-claims court, you agree that the state and federal courts located in [County, State] will have exclusive jurisdiction over any dispute arising out of these Terms or the Service, and you consent to personal jurisdiction there, except where applicable law provides otherwise.

20. Changes to these Terms

We may update these Terms from time to time. When we do, we will post the updated version and change the "last updated" date above. If the changes are material, we will give you reasonable advance notice, for example by email or an in-app notice, before they take effect, and where the law requires it we will ask you to accept the updated Terms. If you keep using Georgie after the changes take effect, you agree to the updated Terms. If you do not agree, you may cancel as described in the subscriptions section.

21. General

Assignment: you may not assign or transfer these Terms without our consent. We may assign these Terms, for example in connection with a merger, acquisition, or sale of assets, on notice to you.

Force majeure: neither party is responsible for delays or failures caused by events beyond its reasonable control, such as natural disasters, outages of internet or third-party services, labor disputes, or government actions.

Severability and waiver: if any part of these Terms is found unenforceable, the rest stays in effect, and that part will be limited or removed to the smallest extent necessary. Our not enforcing a provision is not a waiver of our right to enforce it later.

Entire agreement: these Terms, the Privacy Policy, and any Business Associate Agreement or Data Processing Addendum we sign with you are the entire agreement between you and Georgie about the Service, and they replace any earlier agreements on that subject.

Survival: provisions that by their nature should survive, such as the payment allocations, content-license terms, disclaimers, limitation of liability, indemnification, and dispute resolution, survive the end of your account.

22. Contact

Questions about these Terms? Email us at support@georgiescheduler.com.

For legal notices, write to: [Legal Entity Name], [mailing address].