Terms of Service

1. Acceptance of Terms

By accessing or using the Proximity platform, website, and any associated services (collectively, the "Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"). If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. If you do not agree to these Terms, you must not access or use the Service.

2. Eligibility

You must be at least 16 years of age to use the Service. By using the Service, you represent and warrant that you meet this age requirement. If you are under the age of 18, you may only use the Service with the involvement and consent of a parent or legal guardian who agrees to be bound by these Terms.

The Service is intended for use by businesses, professionals, and individuals for scheduling and meeting management purposes. You may not use the Service if you are prohibited from doing so under applicable law.

3. Description of Service

Proximity provides an online meeting scheduling platform that enables users to create customizable booking pages, manage calendar availability, automate scheduling workflows, and coordinate meetings with participants. The Service is available through our web application at app.proximity.io and related subdomains.

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We will make reasonable efforts to notify users of material changes to the Service through email or in-app notifications.

4. Account Registration and Security

To access certain features of the Service, you must create an account by providing accurate, current, and complete information. You agree to update your account information promptly to keep it accurate and complete. You are solely responsible for maintaining the confidentiality and security of your account credentials, including your email address used for magic link authentication.

You are responsible for all activities that occur under your account, whether or not authorized by you. You agree to notify us immediately at support@proximity.io if you become aware of any unauthorized use of your account or any other security breach.

We reserve the right to suspend or terminate accounts that we reasonably believe have been compromised, are being used fraudulently, or are in violation of these Terms.

5. Subscription Plans and Billing

Proximity offers the following subscription tiers: Free, Standard, and Teams. Each plan includes different features, usage limits, and pricing as described on our pricing page at proximity.io/pricing.

• Free Plan: Provides limited access to the Service at no cost, including one event type, one calendar connection, and one user seat.
• Standard Plan: A paid plan billed monthly or annually, offering unlimited event types, unlimited calendar connections, and up to two user seats.
• Teams Plan: A paid plan billed monthly or annually, offering all Standard features plus team scheduling, round-robin routing, and three or more user seats.

By subscribing to a paid plan, you authorize Proximity to charge your designated payment method on a recurring basis (monthly or annually) until you cancel your subscription. All fees are quoted in US Dollars unless otherwise stated.

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period. No partial refunds will be issued for unused portions of a billing period, except as required by applicable law.

We reserve the right to change our pricing with at least 30 days' advance notice. Price changes will apply to the next billing cycle after the notice period. If you do not agree with a price change, you may cancel your subscription before the new pricing takes effect.

6. Free Trials

Proximity may offer free trial periods for paid subscription plans. During a free trial, you will have access to the features of the selected paid plan at no charge for the duration of the trial period (typically 14 days).

At the end of the trial period, your subscription will convert to a paid subscription and your payment method will be charged unless you cancel before the trial expires. We will send you a reminder notification before your trial ends.

7. Referral Program

Proximity offers a referral program that allows existing users to earn credit by referring new users to the Service. Under the referral program:

• You may earn $100 USD in Proximity credit for each new account that registers using your unique referral link or code.
• Credit is awarded to the referrer only, after the referred user successfully creates an account.
• Referral credit may be applied toward subscription payments only and has no cash value.
• Self-referrals, fraudulent referrals, or referrals obtained through spamming, automated means, or deceptive practices are prohibited and will result in forfeiture of credit and potential account termination.
• Proximity reserves the right to modify, suspend, or terminate the referral program at any time, with or without notice.

8. Acceptable Use

You agree not to use the Service to:

• Violate any applicable local, national, or international law or regulation
• Send spam, unsolicited communications, or abuse the scheduling system to harass others
• Attempt to gain unauthorized access to the Service, other user accounts, or any related systems or networks
• Interfere with, disrupt, or place an undue burden on the Service or its infrastructure
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service
• Use the Service to transmit malware, viruses, or any other harmful or malicious code
• Scrape, crawl, or use automated means to access the Service except through our published API
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity
• Use the Service for any purpose that is fraudulent, deceptive, or harmful to others

We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates these acceptable use provisions, including removing content, suspending or terminating accounts, and reporting violations to law enforcement.

9. API Usage

Proximity provides an API that allows developers to integrate scheduling functionality into third-party applications. Use of the API is subject to these Terms as well as any additional API-specific documentation published at developer.proximity.io.

API usage is subject to rate limits as described in our API documentation. You agree not to exceed these limits or attempt to circumvent them. Excessive or abusive API usage may result in throttling, suspension, or termination of API access.

10. Intellectual Property

The Service, including its design, source code, features, documentation, trademarks, logos, and all related content, is owned by Proximity.io and protected by copyright, trademark, and other intellectual property laws. These Terms do not grant you any right, title, or interest in the Service except for the limited right to use the Service in accordance with these Terms.

You retain all ownership rights to the content you create, upload, or submit through the Service ("User Content"). By submitting User Content, you grant Proximity a non-exclusive, worldwide, royalty-free license to use, store, display, and process your User Content solely for the purpose of providing and improving the Service.

11. Data and Privacy

Our collection, use, and protection of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you acknowledge and agree to the practices described in our Privacy Policy.

You are responsible for ensuring that any personal data you provide to the Service, or collect through the Service (such as guest booking information), complies with applicable data protection laws, including obtaining any necessary consents from data subjects.

12. Third-Party Services

The Service integrates with third-party services including Google Calendar, Microsoft Outlook, Zoom, Stripe, and others. Your use of these integrations is subject to the respective third-party terms of service and privacy policies. Proximity is not responsible for the availability, accuracy, or practices of any third-party service.

13. Termination

You may terminate your account at any time by contacting us at support@proximity.io or through your account settings. We may suspend or terminate your account and access to the Service immediately, without prior notice, if:

• You breach any provision of these Terms
• We are required to do so by law
• We decide to discontinue the Service or any material part of it

Upon termination, your right to use the Service will immediately cease. We will delete or anonymize your personal data within 30 days of account termination, except where we are legally required to retain it. Any referral credit balance will be forfeited upon account termination.

14. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory. To the fullest extent permitted by law, Proximity disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade.

Proximity does not warrant that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not guarantee that any scheduling, booking, or calendar synchronization will be accurate or timely.

15. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Proximity, its officers, directors, employees, agents, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or goodwill, arising out of or in connection with your use of or inability to use the Service.

Our total aggregate liability for all claims arising out of or relating to these Terms or the Service shall not exceed the greater of (a) the total amount you paid to Proximity in the twelve (12) months preceding the claim, or (b) one hundred US dollars ($100).

16. Indemnification

You agree to indemnify, defend, and hold harmless Proximity and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of a third party
• Any User Content you submit through the Service

17. Dispute Resolution and Governing Law

These Terms shall be governed by and construed in accordance with the laws of the European Union and the applicable laws of the jurisdiction where Proximity.io is established, without regard to conflict of law principles.

Any dispute arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If the dispute cannot be resolved through negotiation within 30 days, either party may submit the dispute to the competent courts of the jurisdiction where Proximity.io is established.

18. Force Majeure

Proximity shall not be liable for any failure or delay in the performance of our obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, pandemics, war, terrorism, government actions, power failures, internet or telecommunications failures, or cyberattacks.

19. Severability and Waiver

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms shall remain in full force and effect.

The failure of Proximity to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Proximity.

20. Changes to Terms

We may update these Terms from time to time to reflect changes in our practices, the Service, or applicable law. We will notify you of material changes by posting the updated Terms on our website and updating the "Last updated" date at the top of this page. For significant changes, we may also send you an email notification.

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree with the revised Terms, you must stop using the Service and terminate your account.

21. Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Proximity regarding the use of the Service. These Terms supersede all prior agreements, understandings, and communications between you and Proximity, whether written or oral, regarding the Service.

22. Contact

If you have any questions, concerns, or feedback regarding these Terms, please contact us at:

• Email: support@proximity.io
• Website: proximity.io/contact