Terms of Service

1) Eligibility

The Service is intended for users 13 years of age or older. If you are under 13, you may not use the Service.

If you use the Service on behalf of an organization, you represent that you have authority to bind that organization, and "you" includes the organization.

2) The Service and Roles

The Service helps people coordinate schedules by creating events and collecting availability responses.

• Free tier: does not require an account.
• Pro tier: requires an account (magic link sign-in) and includes additional features.

"Organizer" means the person who creates or manages an event. "Participant" means a person invited to respond to an event.

3) Link-Based Access and Your Responsibility

The Service uses link-based access for certain features, including:

• event links (shared with participants and used by organizers to manage the event),
• participant edit links.

Anyone with an event link or participant edit link may be able to access and take actions for that event or participant. You are responsible for safeguarding these links and not posting them publicly.

We are not responsible for actions taken by someone who obtains access to your links.

4) Accounts (Pro Tier)

If you use Pro features, you may need to create an account using magic link authentication. You are responsible for maintaining the confidentiality of any sign-in links you receive and for all activity that occurs under your account.

We may suspend or terminate accounts for misuse, abuse, or violations of these Terms.

5) Communications and Email Features

Pro organizers may use the Service to send emails to participants, including invitations, reminders, edit links, and finalized event notifications.

You agree:

• you will only email people you have a right to contact;
• you will not use the Service to send spam or unlawful, deceptive, or abusive communications; and
• you are responsible for the content and recipients of emails you send through the Service.

We may implement controls such as rate limits, blocks on disposable email domains, and other abuse-prevention measures.

6) Acceptable Use

You agree not to (and not to attempt to):

• use the Service for illegal, harmful, fraudulent, or abusive purposes;
• harass, threaten, defame, or violate the rights of others;
• send spam, phishing, or unsolicited communications;
• interfere with or disrupt the Service, servers, or networks;
• bypass or attempt to bypass security, rate limits, or access controls;
• scrape, crawl, or harvest data from the Service except as permitted by us in writing;
• reverse engineer, decompile, or attempt to extract source code or underlying ideas from the Service, except to the extent such restriction is prohibited by law;
• upload or transmit malware or harmful code.

We may investigate violations and may suspend or terminate access at any time.

7) User Content

"User Content" includes event details, availability submissions, participant names/emails (if provided), messages you send through the Service, and any other content you submit.

You retain ownership of your User Content. You grant WhenItWorks a non-exclusive, worldwide, royalty-free license to host, store, reproduce, display, and process your User Content only as necessary to provide, maintain, and improve the Service and to enforce these Terms.

You represent that you have all rights necessary to provide User Content and to grant this license.

8) Privacy

Our collection and use of personal information are described in our Privacy Policy, which is incorporated by reference into these Terms.

9) Paid Plans, Billing, and No Refunds

9.1 Pro Annual Subscription (Auto-Renewing)

If you purchase a one-year Pro subscription, your subscription will automatically renew each year unless you cancel before the renewal date. Your payment method will be charged the renewal fee at the then-current price, unless otherwise disclosed at purchase.

9.2 Payments Processor

Payments are processed by third parties (e.g., Stripe). We do not store full payment card details.

9.3 Cancellation

You may cancel your Pro annual subscription. Unless otherwise stated at the time of cancellation, cancellation will generally take effect at the end of the then-current paid term.

9.4 No Refunds

All purchases are final and non-refundable, to the maximum extent permitted by law. If you are a consumer in a jurisdiction with mandatory refund rights, those rights are not waived.

9.5 Pricing and Plan Changes

We may change our pricing, offerings, and plan features from time to time. Pricing changes will apply to future purchases and, for subscriptions, typically at renewal (unless otherwise required by law or disclosed at checkout). We may add, modify, or remove features within a plan, including Free and Pro tiers. We may impose reasonable limits on plan usage (for example, a maximum of 50 email invitees per event for invitations/reminders sent through the Service), and such limits may differ by plan and may change over time. This limit does not restrict the number of participants who can respond using an event's public participation link.

10) Service Availability; No SLA

We strive to keep the Service available, but the Service may be unavailable from time to time due to maintenance, outages, or factors outside our control.

We do not provide any service-level agreement (SLA) unless we explicitly agree to one in writing.

11) Intellectual Property

The Service, including its software, design, text, graphics, and all related intellectual property rights, is owned by WhenItWorks and/or its licensors.

These Terms grant you a limited, non-exclusive, non-transferable, revocable right to use the Service for its intended purpose, subject to these Terms.

You may not use our trademarks, logos, or branding without our prior written permission.

12) Third-Party Services

The Service may rely on or integrate with third-party services (e.g., hosting, analytics, payments, email). We are not responsible for third-party services, and your use of those services may be governed by their terms and policies.

13) Suspension and Termination

We may suspend or terminate your access to the Service (including disabling an account or event) at any time if:

• you violate these Terms,
• we believe your use poses a security, legal, or operational risk, or
• we are required to do so by law.

You may stop using the Service at any time. Some data may be retained and/or purged according to the Privacy Policy and our retention practices.

14) Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT CONTENT WILL BE ACCURATE OR AVAILABLE AT ALL TIMES.

15) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• WHENITWORKS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL.
• WHENITWORKS' TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO WHENITWORKS FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) $100.

Some jurisdictions do not allow certain limitations, so some of these limits may not apply to you.

16) Indemnification

You agree to indemnify and hold harmless WhenItWorks from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from or related to:

• your use of the Service,
• your User Content,
• your violation of these Terms, or
• your violation of any law or third-party rights.

17) Governing Law and Venue

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles.

You agree that any dispute arising out of or relating to these Terms or the Service will be brought exclusively in the state or federal courts located in California, and you consent to personal jurisdiction in those courts.

18) Changes to the Service or Terms

We may modify the Service and/or these Terms from time to time. If we make material changes, we will update the effective date and post the updated Terms. Your continued use of the Service after changes become effective constitutes acceptance of the updated Terms.

19) Miscellaneous

• Severability: If any provision is found unenforceable, the remaining provisions will remain in effect.
• No waiver: Failure to enforce a provision is not a waiver.
• Assignment: You may not assign these Terms without our consent. We may assign these Terms as part of a merger, acquisition, or sale of assets.
• Entire agreement: These Terms and the Privacy Policy constitute the entire agreement between you and WhenItWorks regarding the Service.

20) Contact

privacy@whenitworks.app