1.1 Parties. These Terms govern the relationship between SchedulerPro LLC, a Virginia limited liability company ("SchedulerPro," "we," "us," or "our"), and the individual or entity accessing or using the SchedulerPro platform and related services ("Customer," "you," or "your").
1.2 Additional Documents. These Terms incorporate by reference our Privacy Policy, any executed Master Service Agreement ("MSA"), Business Associate Agreement ("BAA"), and any Order Forms or Statements of Work. In the event of a conflict, the following order of precedence applies: (1) signed Order Form, (2) MSA, (3) BAA, (4) these Terms, (5) Privacy Policy.
1.3 Authority. If you are accepting these Terms on behalf of a legal entity, you represent that you have the authority to bind that entity. If you lack such authority, you may not use the Service.
1.4 Updates to Terms. We may modify these Terms at any time. Material changes will be communicated via email or in-platform notice at least 30 days before taking effect. Your continued use after the effective date of any change constitutes acceptance.
2.1 Description. SchedulerPro provides a cloud-based home care scheduling and workforce management platform, including AI-assisted scheduling tools, employee management, reporting, service order tracking, and related features (collectively, the "Service").
2.2 Service Availability. We target 99.5% monthly uptime excluding scheduled maintenance. We reserve the right to modify, suspend, or discontinue any feature of the Service at any time. We will provide reasonable advance notice for planned maintenance that may significantly affect availability.
2.3 Beta Features. From time to time, we may offer features designated as "beta," "preview," or "experimental." Such features are provided as-is without warranty and may be discontinued at any time without notice.
2.4 Third-Party Integrations. The Service may integrate with third-party systems (e.g., payroll, EVV, billing). SchedulerPro does not warrant the availability or accuracy of third-party services and is not responsible for any errors, outages, or data loss arising from third-party integrations.
3.1 Eligibility. You must be at least 18 years of age and authorized to use the Service on behalf of your organization to create an account.
3.2 Accurate Information. You agree to provide accurate, complete, and current information during registration and to keep your account information updated. Providing false or misleading information is grounds for immediate account termination.
3.3 Account Security. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. Notify us immediately at support@schedulerpro.io if you suspect unauthorized access.
3.4 One Account Per Organization. Each organization is entitled to one primary account. Creating duplicate accounts to circumvent usage limits or billing obligations is prohibited.
3.5 User Access. As the account owner, you are responsible for all users you grant access to ("Authorized Users"). You must ensure your Authorized Users comply with these Terms.
4.1 Subscription Plans. The Service is offered on a subscription basis. Current plans, pricing, and included features are described on our website and may be updated from time to time. We will provide at least 30 days' notice of price changes.
4.2 Billing Cycle. Subscriptions are billed monthly or annually, depending on the plan selected. Annual plans are billed in advance for the full year.
4.3 Payment. You authorize us to charge the payment method on file for all subscription fees. Payments are non-refundable except as expressly stated herein or required by applicable law.
4.4 Late Payments. Unpaid balances more than 15 days past due may result in service suspension. Accounts suspended for non-payment for more than 30 days may be terminated and data deleted in accordance with Section 8.
4.5 Taxes. Subscription fees are exclusive of applicable taxes. You are responsible for all sales, use, VAT, or other taxes applicable to your use of the Service.
4.6 Upgrades & Downgrades. Plan upgrades take effect immediately and are prorated. Plan downgrades take effect at the start of the next billing cycle. Unused capacity from a downgrade is not refunded.
5.1 BAA Requirement. Customers in the home care industry or any other HIPAA-regulated context who will store, transmit, or process PHI must contact us at legal@schedulerpro.io to execute a BAA prior to entering any PHI into the Service.
5.2 Customer Obligations. You are solely responsible for: (a) determining whether your use of the Service is subject to HIPAA; (b) obtaining all necessary patient authorizations and consents; (c) training your Authorized Users on appropriate handling of PHI within the platform; and (d) implementing administrative safeguards required by HIPAA.
5.3 Security Measures. SchedulerPro implements technical safeguards including data encryption at rest and in transit, access controls, audit logging, and regular security assessments. Details are available in our Security Overview documentation.
5.4 No Medical Advice. The Service is a scheduling and operations tool. Nothing in the Service constitutes medical advice, clinical guidance, or care recommendations. AI features are operational aids only and do not constitute clinical decision support.
6.1 No Guarantee of Results. We do not warrant that the Service will meet your specific requirements, that it will be uninterrupted or error-free, or that any errors will be corrected.
6.2 AI Features. AI-assisted scheduling suggestions and other machine learning features are provided for informational purposes only. SchedulerPro does not warrant the accuracy or suitability of any AI-generated output. You retain full responsibility for all scheduling decisions made using the Service.
6.3 Third-Party Services. We make no warranties regarding third-party integrations, EVV systems, payroll providers, or other external services. Your use of those services is governed by their own terms.
7.1 Essential Basis. The limitations in this Section reflect a reasonable allocation of risk and form an essential basis of the agreement between the parties. SchedulerPro would not provide the Service without these limitations.
7.2 Exceptions. Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or any liability that cannot be excluded by applicable law.
8.1 Your Data. You retain all rights to data you submit to the Service ("Customer Data"). You grant SchedulerPro a limited license to process Customer Data solely as necessary to provide and improve the Service.
8.2 Data Export. You may export your Customer Data at any time using the export tools within the Service. We currently support XLSX and CSV export formats for scheduling, employee, and service order data.
8.3 Backups. SchedulerPro performs automated daily backups of Customer Data with a 30-day retention window. Backup restoration is available upon written request and may be subject to a recovery fee.
8.4 Data Deletion Upon Termination. Following account termination, we will retain Customer Data for 60 days to allow for export. After this period, Customer Data will be deleted from production systems. Residual copies in backup systems are purged within 90 days thereafter.
8.5 Discontinuation. If SchedulerPro discontinues the Service, we will provide at least 90 days' notice and maintain export functionality throughout the notice period.
You agree not to use the Service to:
SchedulerPro reserves the right to investigate and take appropriate action, including suspension or termination, for violations of this Acceptable Use Policy.
10.1 SchedulerPro IP. The Service, including all software, algorithms, AI models, documentation, trademarks, and visual design elements, is and remains the exclusive property of SchedulerPro LLC and its licensors. These Terms do not convey any ownership interest in the Service.
10.2 License Grant. Subject to your compliance with these Terms, SchedulerPro grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your internal business operations during the subscription term.
10.3 Customer Data. You retain all intellectual property rights in your Customer Data. You represent and warrant that you have all rights necessary to submit Customer Data to the Service.
10.4 Feedback. If you provide feedback, suggestions, or ideas regarding the Service, you grant SchedulerPro a perpetual, irrevocable, royalty-free license to use such feedback without restriction or compensation to you.
10.5 Usage Data. SchedulerPro may collect and use aggregated, anonymized usage data for the purpose of improving the Service, developing new features, and generating industry benchmarks, provided that such data does not identify you or your Authorized Users.
You agree to indemnify, defend, and hold harmless SchedulerPro LLC and its members, officers, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to:
SchedulerPro reserves the right to assume exclusive control of any matter subject to indemnification, at your expense. You agree to cooperate with our defense of any such claim.
12.1 Termination by You. You may cancel your subscription at any time through your account settings or by contacting support. Cancellation takes effect at the end of the current billing period. No refunds are provided for unused subscription time unless required by law.
12.2 Termination by SchedulerPro. We may suspend or terminate your access to the Service immediately and without prior notice if:
12.3 Effect of Termination. Upon termination, your right to access the Service ceases immediately. Data export and retention provisions of Section 8 apply. Sections 6, 7, 10, 11, and 13 survive termination.
13.1 Governing Law. These Terms are governed by the laws of the Commonwealth of Virginia, without regard to conflict of law principles.
13.2 Dispute Resolution. Any dispute arising from these Terms shall first be submitted to good-faith mediation. If mediation fails within 60 days, disputes shall be resolved by binding arbitration in Richmond, Virginia, under the rules of the American Arbitration Association. Class action waiver: you waive any right to participate in a class action against SchedulerPro.
13.3 Entire Agreement. These Terms, together with the Privacy Policy, any executed MSA, BAA, and Order Forms, constitute the entire agreement between you and SchedulerPro regarding the Service and supersede all prior agreements.
13.4 Severability. If any provision of these Terms is found unenforceable, the remaining provisions continue in full force and effect.
13.5 Waiver. Failure by either party to enforce any right under these Terms shall not constitute a waiver of that right.
13.6 Assignment. You may not assign these Terms or any rights hereunder without our prior written consent. SchedulerPro may assign these Terms in connection with a merger, acquisition, or sale of substantially all of its assets.
13.7 Force Majeure. Neither party shall be liable for delays or failures in performance caused by circumstances beyond reasonable control, including natural disasters, government actions, internet disruptions, or third-party service failures.
13.8 Notices. Legal notices to SchedulerPro must be sent to: SchedulerPro LLC, 8401 Mayland Dr, Suite A, Richmond, VA 23294, with a copy to legal@schedulerpro.io.
13.9 Contact. For questions about these Terms, contact us at legal@schedulerpro.io.