Last Updated: May 25, 2018
Welcome and thank you for using FreeBusy! FreeBusy (the “Service”) is an automated scheduling assistant. These terms of service (the “Terms”) are an agreement between you and FreeBusy, Inc. (“FreeBusy”, “We”, “Us” or “Our”) and govern your access to and use of the Service as well as the FreeBusy website (the “Site”).
Please read these Terms carefully.
By using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of another entity (such as your employer), you are agreeing to these Terms for that entity, and you promise that you have the authority to do so. In that case, “you” and “your” will refer to that entity. If you do not agree to these terms, do not use the Service.
In order to access and use all of the features of the Service, you are required to open an account (“Account”) by registering with FreeBusy. When you register for your 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 an Account, and subject to all of the terms and conditions of these Terms, FreeBusy hereby grants to you the personal, non-transferable right and license to use the Service, solely for your own business purposes, until such time as either you or FreeBusy elect to terminate such right in accordance with these Terms.
Upon registration on the Site, you will provide FreeBusy authorization to access your Internet-accessible calendar (e.g. Microsoft Office 365 or Google Calendar) in the form of a Calendar Credential (e.g. access token or password). The Calendar Credential is the means for you to access your Account and for the Service to access your calendar data.
We take safeguarding your Calendar Credential very seriously. We use generally-accepted, industry-standard administrative, physical and technical measures designed to protect your Calendar Credential from unauthorized access, both during transmission and once We receive it, as described in the Security Policy. However, no method of transmission over the Internet, or method of electronic data storage, is completely secure. Therefore, while We strive to use commercially acceptable means to protect your Calendar Credential, We cannot guarantee its absolute security.
You are responsible for maintaining the confidentiality of your Calendar Credential 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 FreeBusy of any suspected or actual unauthorized use of your Account. You agree that FreeBusy will not under any circumstances be liable for any cost, loss, damages or expenses arising out of a failure to maintain the security of your Calendar Credential.
As an express condition of being permitted to register an Account, you represent and warrant that you (i) 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, (ii) are not on a list of persons barred you from receiving services under U.S. laws (including, without limitation, the Denied Persons List and the Entity List issued by the U.S. Department of Commerce, Bureau of Industry and Security) or other applicable jurisdiction and (iii) are not a resident of Cuba, Iran, North Korea, Sudan or Syria.
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. Unless FreeBusy and You expressly agree otherwise in writing, all Fees are payable in United States dollars. If you do not initially register for a plan of the Service that requires the payment of a fee (a “Paid Plan”), you will nonetheless be permitted to use all of the features of the Service for a period of thirty (30) 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 (the “Free Plan”), unless you subsequently upgrade to a Paid Plan of the Service.
Our fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to value-added, sales, use or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction (collectively, “Taxes”). You are responsible for paying all Taxes associated with your purchases hereunder. If We have the legal obligation to pay or collect Taxes for which you are responsible under this paragraph, the appropriate amount will be invoiced to and paid by you. For clarity, We are solely responsible for taxes assessable against Us based on Our income, property and employees.
To subscribe to the Service on a Paid plan, We require payment by credit card in advance of providing the Service. We use a third-party payment processing service and do not collect or store your credit card information. By subscribing to a Paid Plan, you authorize us to charge your credit card on a recurrent basis, either monthly (once per 1-month period) or annually (once per 1-year period) starting with the date when you subscribed to the Paid Plan. If You are overdue on any payment of Fees and fail to pay within five (5) business days of a written notice of overdue payment, FreeBusy may charge You a late fee equal to the lesser of 1.5% per month or the maximum amount permitted under applicable law. If FreeBusy requires use of collection agencies, attorneys, or courts of law for collection on Your account, You will be responsible for those expenses.
Upgrades in your Service use will result in new Fees being charged. There will be no prorating for downgrades in-between billing cycles. Downgrading your Service may cause the loss of features or capacity of your Account. FreeBusy does not accept any liability for such loss.
You are solely responsible for properly canceling your Paid Plan. An email or phone request to cancel your Paid Plan is not considered cancellation. You can cancel your Paid Plan at any time from the Subscription page, accessible from the global navigation bar at the top of the screen, which provides a simple button to cancel and stop recurring billing. By cancelling your Paid Plan, future recurring charges will be stopped. After you request a cancellation, Service will continue to be provided as the Paid Plan through the last day of your currently paid period. After the last day of your currently paid period you will be switched to the Free Plan and Service will be provided to you at that level. Fees paid prior to cancellation are non-refundable, either in part, or whole. However, We will work with you to resolve any reasonable and good-faith disputes.
You are solely responsible for properly canceling your Account. An email or phone request to cancel your Account is not considered cancellation. You can cancel your Account at any time from the Account page accessible from the global navigation bar at the top of the screen. If you are subscribed to a Paid Plan and you cancel your Account before the end of your current paid billing cycle, your cancellation will take effect immediately, and you will not be charged again. Fees paid prior to cancellation are non-refundable, either in part, or whole. However, We will work with you to resolve any reasonable and good-faith disputes.
FreeBusy may terminate your Account and/or these Terms 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 Account without cause, we will refund a prorated portion of your prepaid Fees. We will not refund or reimburse you if we terminate your Account for cause, including (without limitation) for a violation of these Terms.
Once your Account is terminated, we may permanently delete your Account and any or all User Content associated with it. If you do not sign in to your Account for 12 or more months, we may treat your Account as “inactive” and permanently delete the 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.
You may use your Account for the Service only in accordance with these Terms and only for lawful purposes. You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of their posting on or through the Service.
You may be invited to establish or join a FreeBusy team account (“Team Account”). Each Team Account has one or more administrators who can add or remove Team Account members. By agreeing to join a Team Account, you acknowledge that (i) your identity, including name, email address, and profile photo (if any), will be disclosed as a member of the Team Account; (ii) the Team Account administrator will have access to reports about your FreeBusy usage; and (iii) Team Account members may be able to manage meetings on your behalf (schedule, reschedule, cancel) subject to restrictions configured by the administrator. You will have the option to designate one or more Team Account members as co-organizers for your meetings, effectively allowing them to manage meetings on your behalf (schedule, reschedule, cancel) for those calendars you have linked to FreeBusy.
The Site and Service contains links to and integrations with third-party websites and services (e.g., Office 365, G Suite or GoToMeeting), and you agree that FreeBusy 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 FreeBusy 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.
You agree to use the Service and Software only for your own 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.
You agree not to use the Site or the Service to:
In addition, you agree not to, directly or indirectly:
You acknowledge that (a) you exclusively are responsible for and control the timing, content, and distribution of all telephonic or electronic communications made or initiated to any person or entity in connection with your use of the Service and (b) any such communications are made or initiated only as a result of your actions. You further warrant that all telephonic or electronic communications made or initiated in connection with your use of the Service comply with all applicable state and federal laws, including without limitation the Telephone Consumer Protection Act, before you make or initiate any telephonic or electronic communication through the Service.
We perform system maintenance on a regular basis to help ensure high-quality of service. We use commercially reasonable efforts to ensure that the Service is available for use during this time. We will use commercially reasonable efforts to perform all maintenance during Our pre-scheduled maintenance windows. The scheduled maintenance window is currently between Friday 10:00 p.m. and Sunday 2:00 a.m. U.S. Pacific Time.
FreeBusy welcomes your feedback, comments and suggestions for improving the Service (“Feedback”). However, you understand and agree that if you provide FreeBusy with Feedback, FreeBusy will be free to use and exploit that feedback in any manner without restriction of any kind and without any need to compensate you.
You retain full ownership and control of Your Information. Except for the limited permissions set forth below that We need in order to provide the Service to you, We do not claim any rights to Your Information. By setting up an Account, you give Us permission, solely for the purposes of performing the Service, to: (i) access Your Information; (ii) store Your Information on Our systems (and/or those of Our hosting vendor); and (iii) do those things required in order to administer and provide the Service to you. These permissions also extend to trusted third parties that We work with in order to provide the Service, but again, solely for the purposes of providing the Service to you.
You are responsible for maintaining a backup of Your Information. We will not be responsible or liable for any loss or corruption of Your Information or costs or expenses associated with backing up or restoring any of Your Information. We have no obligation to keep and may delete Your Information after your Account has been closed.
If you are a paying subscriber to the Service, to the extent that FreeBusy processes any Personal Information (as defined in the DPA) contained in User Content that is subject to the GDPR (as defined in the DPA), on your behalf, in the provision of the Service, the terms of the Data Processing Addendum ("DPA"), which are hereby incorporated by reference, shall apply and the parties agree to comply with such terms. For the purposes of the Standard Contractual Clauses attached to the DPA, when you are the data exporter, your agreeing to these Terms of Service shall be treated as signing of the DPA, including, without limitation, the Standard Contractual Clauses and their Appendices.
The Site and Service include functionality that permits users to post content, images, audio, text, or other materials or works in a manner that is intended to be viewed by other users (“Your Content”). You hereby grant to FreeBusy a perpetual, irrevocable, royalty-free, worldwide, non-exclusive right and license, including the right to grant sublicenses to third parties, to use, reproduce, publicly display, publicly perform, prepare derivative works from and distribute Your Content for any purpose. In addition, you hereby irrevocably represent and warrant to FreeBusy that (i) you have all necessary power, authority, right, title and/or licenses to grant to FreeBusy the foregoing right and license and (ii) the posting, submission and display by you of Your Content on the Site or Service, and the exercise by FreeBusy of the foregoing license does not and will not (1) violate any applicable law or government regulation or (2) infringe any right of publicity or invades the privacy of others, or any intellectual property right of any third party, (iii) none of Your Posts (1) will constitute obscene, pornographic, indecent, profane or otherwise objectionable material, (2) are discriminatory, hateful or bigoted toward, or abusive of, any group or individual, or (3) are libelous or defamatory.
Notwithstanding anything to the contrary set forth herein or otherwise, FreeBusy 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 Your Information and data derived therefrom), and to aggregate and/or anonymize all such data and information. FreeBusy will be free at any time to: (i) use such information and data to improve and enhance FreeBusy’s offerings; and (ii) disclose such data in aggregate or other de-identified form in connection with its business.
The information, materials (including, without limitation, HTML, text, audio, video, white papers, press releases, data sheets, product descriptions, software and FAQs and other content) available on the Site and/or the Service, excluding Third Party Content (collectively, “FreeBusy Content”), are the copyrighted works of FreeBusy, and FreeBusy expressly retains all right title and interest in and to the FreeBusy Content, including, without limitation, all intellectual property rights therein and thereto. Except as expressly permitted in these Terms, any use of the FreeBusy Content may violate copyright and/or other applicable laws.
FreeBusy grants you the limited, revocable, non-transferable, non-exclusive right to use the FreeBusy Content and Third Party Content (collectively, “Site Content”) by displaying the Site Content on your computer, and downloading and printing pages from the Site containing Site Content, under the condition that (i) such activity is solely for your personal, education or other noncommercial use, (ii) you do not modify or prepare derivative works from the Site Content, (iii) you do not obscure, alter or remove any notice of copyright set forth on any Site pages or Site Content, (iv) you do not otherwise reproduce, re-distribute or publicly display any of the Site Content and (v) you do not copy any Site Content to any other media or other storage format.
All trademarks, service marks and logos included on the Site (“Marks”) are the property of FreeBusy or third parties, and you may not use such Marks without the express, prior written consent of FreeBusy or the applicable third party
FreeBusy reserves the right, but does not undertake the obligation, to monitor use of the Site and/or the Service, and to investigate and take appropriate legal action against any party that uses the Site in violation of these Terms or applicable law. FreeBusy reserves the right to accept, reject or modify any Site Content or User Content, but assumes no liability based on its acceptance, rejection, modification or failure to modify any Site Content or User Content.
As a condition of your right to use the Site and the Service, you agree to respect the intellectual property rights of others. Accordingly, you agree not to upload or post to the Site or the Service any copyrighted materials, trademarks or other proprietary information belonging to any third party without the prior written consent of the applicable third party. You acknowledge that FreeBusy will terminate your access to the Site and/or the Service if you repeatedly infringe the copyright of third parties. If you believe that your copyrighted work has been illegally uploaded or posted on the Site or the Service, you may send a written notice to FreeBusy at firstname.lastname@example.org, and FreeBusy will respond pursuant to its Digital Millennium Copyright Act (“DMCA”) procedure. FreeBusy’s DMCA procedure is in accordance with that suggested by DMCA, the text of which can be found at the U.S. Copyright Office web site http://www.copyright.gov/legislation/dmca.pdf. FreeBusy reserves all rights to seek damages and fees associated with infringement and/or fraud.
The Service may include client software (the “Software”) that may be downloaded on devices you use in order to access and use the Service. The following terms apply to your use of the Software.
FreeBusy hereby grants you a limited, nonexclusive, nontransferable, revocable, worldwide right and license to install and use the Software solely to access and use the Service. You may use the Software on any device within your possession and control that you use to access the Service for your own use. Your license to use the Software automatically terminates if you materially violate these Terms or your Account is terminated.
Except as expressly set forth in the license grant above, these Terms do not grant you any right, title, or interest in the Service or the Software. The Software is licensed and not sold to you, and FreeBusy reserves all rights not expressly granted in these Terms. Except as allowed by applicable law, you may not modify, reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code of the Software, or authorize any third party to do any of the foregoing. In addition, you may not transfer, sublicense, lease, lend, rent or otherwise distribute the Software to any third party. You will not delete or alter the copyright, trademark, or other proprietary rights notices or markings appearing on the Software as delivered to you.
The Software and other technology FreeBusy uses to provide the Service are protected by copyright, trademark, and other laws in the United States and foreign countries. These Terms do not grant you any rights to use FreeBusy’s trademarks, logos, domain names, or other brand features.
The Service may update or upgrade the Software on your device automatically when a new version is available. Software updates and upgrades are governed by these Terms unless other terms accompany the updates or upgrades.
FreeBusy does not provide technical support for the Software. Online self-help options and support through community forums are available on the FreeBusy website. FreeBusy is not responsible for any support you obtain through the community forums.
The Software and any related documentation are “commercial items” as that term is defined in FAR 2.101, consisting of “commercial computer software” and “commercial computer software documentation,” respectively, as such terms are used in FAR 12.212 and DFARS 227.7202. If the Software and related documentation are being acquired by or on behalf of the U.S. Government, then, as provided in FAR 12.212 and DFARS 227.7202-1 through 227.7202-4, as applicable, the U.S. Government's rights in the Software and related documentation will be only those specified in these Terms.
You acknowledge that the Software may be subject to United States export jurisdiction. You agree to comply with all applicable national and international laws that apply to your use of the Software, including United States Export Administration Regulations, as well as end user, end use and destination restrictions which may be issued by the United States and other governments.
FreeBusy 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 FreeBusy may be located, at various locations in and outside of the United States. FreeBusy 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.
FreeBusy may give notice applicable to FreeBusy’s general Service customer base by means of a general notice on the Site, and notices specific to you by electronic mail to your e-mail address on record in your Account or by written communication sent by first class mail or pre-paid post to your address on record in your Account. If you have a dispute with FreeBusy, wish to provide a notice under these Terms of Service, or become subject to insolvency or other similar legal proceedings, you must promptly send written notice to FreeBusy at FreeBusy, Inc. Attn: Legal, 340 S Lemon Ave Suite 2890, Walnut CA 91789.
THE SERVICE AND SOFTWARE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FREEBUSY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. THESE INCLUDE THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FREEBUSY DOES NOT WARRANT THAT: (I) THE USE OR QUALITY OF THE SERVICE OR SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, TIMELY, SECURE OR MEET YOUR REQUIREMENTS OR EXPECTATIONS; (II) THE RESULTS OBTAINED FROM USE OF THE SERVICE OR SOFTWARE WILL BE ACCURATE OR RELIABLE; OR (III) ANY ERRORS IN THE SERVICE OR SOFTWARE WILL BE CORRECTED. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SERVICE AND SOFTWARE REMAINS WITH YOU.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL FREEBUSY, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES. THIS INCLUDES DAMAGES FOR LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION OR DATA, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY, NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER. THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE OR A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. FREEBUSY’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE OR THE SOFTWARE SHALL BE LIMITED TO THE GREATER OF $5 OR THE AMOUNTS PAID BY YOU TO FREEBUSY FOR THE SERVICE FOR THE PAST THREE MONTHS. SOME STATES DO NOT ALLOW THE TYPES OF LIMITATIONS IN THIS PARAGRAPH, SO THEY MAY NOT APPLY TO YOU.
We may revise these Terms from time to time and the most current version will always be posted on the Site. We will make commercially reasonable efforts to notify you if a revision, in Our sole discretion, is material. Such notice may be by email to the email address associated with your Account. You agree to be bound by the revised Terms by continuing to access or use the Service after the revisions become effective. If you do not agree to the new terms, please stop using the Site or Service.
To the extent you have purchased a subscription to the Service, 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 shall be deemed to indicate your irrevocable agreement to such modified Terms. Accordingly, if at any time you do not agree to be subject to any modified Terms, you may no longer use the Site or Service.
These Terms and the use of the Service and Software are governed by Washington Law without regard to its conflicts of laws principles. All claims arising out of or relating to these Terms, the Service, or the Software must be litigated exclusively in the federal or state courts located in King County, Washington and you consent to venue and personal jurisdiction there. These Terms constitute the entire and exclusive agreement between you and FreeBusy with respect to the Service and Software, and supersede and replace any other agreements, terms or conditions applicable to the Service and Software. These Terms create no third-party beneficiary rights. FreeBusy’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted to reflect the original intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void. However, FreeBusy may assign its rights to any of its affiliates or subsidiaries, or to a successor in interest. FreeBusy and you are independent contractors and not legal partners or agents.