GoBeyondBetter’s Services facilitate the online scheduling of appointments for coaches, consultants, psychotherapists and similar profession specialists. Services also include associated to scheduling activities like invoicing Invitees, making notes about scheduled appointments and similar. You may access and use the Services only in accordance with these Terms. Please note that these Terms govern your use of the Services, including, but not limited to, the process through which your Invitees schedule appointments with you. When using the features of the Services you are subject to any agreements, policies or guidelines applicable to such features that may be posted from time to time. All such agreements, policies or guidelines, including the Privacy Notice and the Data Processing Agreement (as applicable) are hereby incorporated by reference into these Terms.

We invite you to use these Services for your individual purposes and not for the purposes of reselling ("Permitted Purposes").

Subject to these Terms, we grant you a limited, personal, non-exclusive and non-transferable licence to use and to display the Documentation and a limited, personal, non-exclusive and non-transferable right to access and use the Service following the set-up of a Free Account or Paid Account as set forth below. You have no other rights in the Service and shall not use the Services for any purposes beyond the scope of the access granted in this Agreement. Customer shall not at any time, directly or indirectly, and to the extent Customer is a company or other organisation, shall not permit any Authorised Users to: (i) copy, modify, or create derivative works of the Services or Documentation, in whole or in part; (ii) rent, lease, lend, sell, licence, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services or Documentation; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Services, in whole or in part; (iv) remove any proprietary notices from the Services or Documentation; or (v) knowingly use the Services or Documentation in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law. If you make copies of any portion of this Website while engaging in Permitted Purposes then you agree to keep on these copies all of our copyright and other proprietary notices as they appear on this Website.

Our Service is not intended for and may not be used by individuals under 18 years of age. By registering for a GoBeyondBetter account, you state that you are at least 18 years of age, and you are responsible for ensuring that all GoBeyondBetter Users and Invitees are at least 18 years old. Creating an account with false information is a violation of our Terms, including creating an account on behalf of others or persons under the age of 18.

To use the Website, you need to set up a GoBeyondBetter account. You may establish either a free account (“Free Account”) or a paid account (“Paid Account”). You are authorised by GoBeyondBetter to set up one Free Account only. GoBeyondBetter reserves the right to terminate any additional Free Accounts set up by you and any Free Accounts that have been inactive for over 6 months.

When you create an account, we collect registration-related information, which includes your email address and your full name. Once you submit the required registration information, we alone will determine whether or not to approve your proposed account. If approved, you will be sent an email detailing how to complete your registration. For so long as you use the account, you agree to provide true, accurate, current, and complete information that can be accomplished by logging into your account and making relevant changes directly. You are responsible for complying with these Terms when you access this Website, whether directly or through any account that you may set up through or on this Website. Because it is your account, it is your job to obtain and maintain all equipment and services needed for access to and use of this Website as well as paying related charges. You agree to choose a strong and secure password(s) and maintain the confidentiality of your password(s), including any password of a third-party site that we may allow you to use to access this Website. Should you believe your password or security for this Website has been breached in any way, you must immediately notify us at hello[at]gobeyonbetter.com.

GoBeyondBetter or our billing processors collect your billing information when you upgrade to a Paid Account. All information is protected in accordance with our Privacy Notice.

Your account belongs to you. However, GoBeyondBetter controls the URL(s) assigned to your account and may change or deactivate the URL(s) without prior notice. If your account is paid for by another party for you to use (for example, paid and managed by your employer), the party paying for your account has the right to control it, manage it, and get reports on your use of the Paid Account. The party paying for your account does not have rights nor access to your separate, personal account(s) that are not paid for nor managed by that party.

You agree to pay all applicable fees related to your use of this Website which are described fully on our pricing page. By providing a payment method, you expressly authorise us to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto at regular intervals, all of which depend on your particular subscription and utilised services.

The subscription period for Paid Accounts can be month-to-month, yearly, or another duration described more fully on our pricing page.

Paid Accounts are subject to fees based upon the account type you've selected. For renewals, GoBeyondBetter will automatically charge your payment method in the amount of the then-current fee for your type of account, plus applicable taxes. Each Renewal Term may include a price increase of the Consumer Price Index (“CPI”) + 3.5% unless we notify you of a different rate before each Renewal Term starts. All payments are non-refundable. To the extent that payment mechanisms are provided through third parties, you agree that GoBeyondBetter will have no liability to you arising out of the acts or omissions of such third parties. If applicable, you agree to maintain current billing information.

By creating a Paid Account, you consent to allow GoBeyondBetter to charge your payment method, either directly or through its payment processors, for the amounts due for your initial subscription period and for additional subscription periods until your account is cancelled or terminated. Please print out these terms and conditions for your records.

Consumer Price Index, mentioned in the paragraph above, is provided by Lithuania’s Official Statistics portal.

Paid Accounts will automatically renew for the same subscription period unless you cancel the account by the end of the then-current subscription period. You can cancel your account at any time within the GoBeyondBetter application by accessing the "billing" page, which is available under the "account" dropdown menu. Cancellation will be effective immediately. Please note that after you cancel your account, you may not be able to use or access the Platform and you will not be entitled to a refund of any fees that you've paid.

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website. GoBeyondBetter reserves the right to investigate complaints or reported violations of our Terms and to take any action we deem appropriate, including but not limited to cancelling your User account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, e-mail addresses, usage history, posted materials, IP addresses, and traffic information, as allowed under our Privacy Notice. You agree to promptly notify GoBeyondBetter in the event that you are made aware of any unauthorised or illegal use of the Website.

Our Services may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos, and any and all intellectual property provided to Customer or any Authorised User in connection with the Services (“GoBeyondBetter IP”). Your use of our Services does not constitute any right or licence for you to use such service marks/trademarks. Our Website is also protected under international copyright laws. The copying, redistribution, use, or publication by you of any portion of our Website is strictly prohibited. Your use of our Services do not grant you ownership rights of any kind in our Website or Materials. GoBeyondBetter reserves all rights not expressly granted to Customer in this Agreement. Except for the limited rights and licences expressly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to Customer or any third party any intellectual property rights or other right, title, or interest in or to the GoBeyondBetter IP.

By using the Services, you consent to receive emails from us. These emails may include notices about applicable fees and charges, transactional information and other information concerning or related to the Services. These emails are part of your relationship with us. By scheduling a meeting as an Invitee with a GoBeyondBetter User, you consent to receive transactional emails related to the scheduled meeting (e.g. booking confirmations and reminders).

You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. You agree to keep your contact information up to date, and to monitor your email settings to ensure that you receive emails from us at your discretion and as necessary.

Our Website may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with or sponsor such third party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. GoBeyondBetter has no control over the legal documents and privacy practices of third party websites, and by using them, you may be giving those third parties permission to use or control your information in ways GoBeyondBetter would not. As such, you access any third-party websites at your own risk.

GoBeyondBetter’s Fair Use Policy builds on existing use restrictions and helps us ensure that the services can be used fairly by every customer. Certain GoBeyondBetter features, like notifications, may be aggregated and collectively sent from fewer email addresses or phone numbers. This means those features are used concurrently by a number of customers. If a single customer places disproportionately high demands on the services, it may adversely affect the GoBeyondBetter experience for other users. The vast majority of our customers use the service considerately and their usage levels don't adversely impact service capacity. However, even the activity of a small number of customers who use the service inappropriately has the potential to significantly impact the service for other customers.

GoBeyondBetter, may, from time to time, offer beta or trial features. The use of such beta features is governed by the Beta Terms and incorporated herein.

You alone are responsible for any violation of these Terms by you. You agree to indemnify and hold GoBeyondBetter, its parents, subsidiaries, affiliates, officers, agents, employees, resellers or other partners, and licensors harmless from any claim, demand, loss, or damages, including reasonable attorneys’ fees (“Losses”), resulting from any third-party claim, suit, action, or proceeding (“Third-Party Claim”) that the Customer Data, or the use thereof in accordance with this Agreement, infringes or misappropriates such third party’s intellectual property rights or violates any applicable law or regulation and any Third-Party Claims based on Customer’s or any Authorised Users’ (i) negligence or willful misconduct; (ii) use of the Services in a manner not authorised by this Agreement; (iii) use of the Services in combination with data, software, hardware, equipment, or technology not provided by GoBeyondBetter or authorised by GoBeyondBetter in writing; or (iv) modifications to the Services not made by GoBeyondBetter, provided that Customer may not settle any Third-Party Claim against GoBeyondBetter unless GoBeyondBetter consents to such settlement, and further provided that GoBeyondBetter will have the right, at its option, to defend itself against any such Third-Party Claim or to participate in the defence thereof by counsel of its own choice.

The Services are provided “as is” and GoBeyondBetter hereby disclaims all warranties, whether express, implied, statutory, or otherwise. GoBeyondBetter specifically disclaims all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and all warranties arising from course of dealing, usage, or trade practice. GoBeyondBetter makes no warranty of any kind that the GoBeyondBetter IP, or Services, or any products or results of the use thereof, will meet Customer's or any other person's requirements, operate without interruption, achieve any intended result, be compatible or work with any software, system, or other services, or be secure, accurate, complete, free of harmful code, or error free. GoBeyondBetter strictly disclaims all warranties, with respect to any third-party integrations.

This means that we do not promise you that the Services are free of problems. Without limiting the generality of the foregoing, we make no warranty that the Services will meet your requirements or will be uninterrupted, timely, secure, or error-free, or that defects will be corrected. We make no warranty as to the results that may be obtained or as to the accuracy or reliability of any information obtained through the Services. No advice or information, whether oral or written, obtained by you through the Services or from us or our subsidiaries/other affiliated companies will create any warranty. We disclaim all equitable indemnities.

GoBeyondBetter will not be liable to you or others for any damages resulting from your use of the Services or your displaying, copying, or downloading any documentation to or from the Website. In no event will GoBeyondBetter be liable under or in connection with this Agreement under any legal or equitable theory, including breach of contract, tort (including negligence), strict liability, and otherwise, for any: (a) consequential, incidental, indirect, exemplary, special, enhanced, or punitive damages; (b) increased costs, diminution in value or lost business, production, revenues, or profits; (c) loss of goodwill or reputation; (d) use, inability to use, loss, interruption, delay, or recovery of any data, or breach of data or system security; or (e) cost of replacement goods or services, in each case regardless of whether GoBeyondBetter was advised of the possibility of such losses or damages or such losses or damages were otherwise foreseeable.

In no event will GoBeyondBetter’s aggregate liability or GoBeyondBetter’s indemnification obligations arising out of or related to this agreement under any legal or equitable theory, including breach of contract, tort (including negligence), strict liability, and otherwise exceed the greater of (i) the amount paid, if any, by you to GoBeyondBetter in connection with these Terms in the twelve (12) months prior to the action giving rise to liability or (ii) 100.00€.

This limitation of liability is part of the basis of the Agreement between you and GoBeyondBetter and shall apply to all claims of liability, even if GoBeyondBetter has been told of the possibility of any such damage, and even if these remedies fail their essential purpose.

We control and operate the Services from our headquarters in Lithuania, Europe and the entirety of the Services may not be appropriate or available for use in other locations. If you use the Services outside Lithuania, you are solely responsible for following applicable local laws.

Please Read This Provision Carefully. It Affects Your Legal Rights.

This provision facilitates the prompt and efficient resolution of any dispute that may arise between you and us. Effectively, then, “dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to you (such as our licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.

This provision provides that all disputes between you and us will be resolved by binding arbitration because acceptance of these Terms constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge. We prefer this because we believe arbitration is less drama-filled than litigation. To be clear, there is no judge in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Agreement and can award the same damages and relief as a court (including attorney’s fees). You and GoBeyondBetter agree that any and all disputes, as defined above, whether presently in existence or based on acts or omissions in the past or in the future, will be resolved exclusively and finally by binding arbitration rather than in court in accordance with this provision.

Pre-Arbitration Claim Resolution
For all disputes, you must first give us an opportunity to cure or resolve the dispute which is first done by emailing us at hello[at]gobeyondbetter.com the following information: (1) your name, (2) your address, (3) a written description of your claim, and (4) a description of the specific relief you seek. If we do not resolve the dispute within 60 days after receiving your notification, then you may pursue your dispute in arbitration.

Other
You understand and agree that by accepting this provision in these Terms, you and we are each waiving the right to a trial before a judge in a public court. If any clause within this provision is found to be illegal or unenforceable, that clause will be severed from this provision whose remainder will be given full force and effect. This provision will survive the termination of your account with us or our affiliates and your discontinued use of this Website. Notwithstanding any provision in this Agreement to the contrary, we agree that if we make any change to this provision (other than a change to the Notice Address), you may reject any such change and require us to adhere to the language in this provision if a dispute between us arises.

We think direct communication resolves most issues – if we feel that you are not complying with these Terms, we will likely tell you. We may even provide you with recommended necessary corrective action(s) if possible. However, certain violations of these Terms, as determined by us, may require immediate termination of your access to this Website without prior notice to you.

If any of these Terms are deemed inconsistent with applicable law, then such term(s) will be interpreted to reflect the intentions of the parties, and no other terms will be modified. By choosing not to enforce any of these Terms, we are not waiving our rights. These Terms, together with our Privacy Notice and the Data Processing agreement (as applicable), contain the entire agreement between you and us and, therefore, supersede all prior or contemporaneous negotiations, discussions or agreements between GoBeyondBetter and you about the Services. Any definitions found in the Privacy Notice and Data Processing Agreement are hereby adopted by reference in this Agreement. The rights of GoBeyondBetter under our Terms will survive the termination of this Agreement. No additional terms, conditions, consent, waiver, alteration, or modification shall be binding unless in writing and signed by both parties. Acceptance of any order by GoBeyondBetter is expressly limited to the terms and conditions of this Agreement. Any proposed additional or inconsistent terms or conditions, including those in or accompanying any Customer proposal, any Customer purchase order, or other agreement or any other Customer document issued in connection with the sale or delivery of Products or Services is deemed by GoBeyondBetter to be a material change and is objected to and rejected by GoBeyondBetter. GoBeyondBetter’s acceptance of any orders will not constitute acceptance of any terms and conditions contained therein.

In no event shall GoBeyondBetter be liable to Customer, or be deemed to have breached this Agreement, for any failure or delay in performing its obligations under this Agreement, if and to the extent such failure or delay is caused by any circumstances beyond GoBeyondBetter's reasonable control, including but not limited to acts of God, flood, fire, earthquake, explosion, war, terrorism, invasion, riot or other civil unrest, strikes, epidemics, contractor difficulties, labour stoppages or slowdowns or other industrial disturbances, or passage of law or any action taken by a governmental or public authority, including imposing an embargo.

Unless Customer has specifically notified GoBeyondBetter to the contrary in writing (including via email to hello[at]gobeyondbetter.com), GoBeyondBetter may disclose your company as a customer of GoBeyondBetter (if you use GoBeyondBetter for business purposes and/or use a business email address as your GoBeyondBetter User email address) and may use your company’s name and logo on the Website and in GoBeyondBetter’s promotional content in accordance with Customer’s brand guidelines or related documentation if provided by Customer. GoBeyondBetter will be granted a revocable, non-exclusive, non-sub-licensable, non-transferable, royalty-free right and licence (the "Trademark License") to use, display and reproduce such party's name, logo, trademarks and service marks (the "Trademarks"). Both acknowledge that the other party's Trademark is and will remain the exclusive property of such party.

We may amend our Terms at any time by publishing revised Terms on our Website and/or by sending an email to the address you gave us. These Terms are current as of the Effective Date set forth above. If any changes are made to these Terms, we’ll post them on this page, so please be sure to check back periodically. If you continue to use GoBeyondBetter after those changes are in effect, you agree to the revised Terms. Therefore, it is important for you to periodically review our Terms to make sure you still agree to them. If you object to any such modifications, your sole recourse will be to cease using this Website. GoBeyondBetter reserves the right to change any and all features of our Services, at any time, without notice.

If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us here.