Terms of Service

These Terms of Service (the “Terms”) govern your access to and use of FillOS (the “Service”), operated by FillOS (“FillOS”, “we”, “us”, or “our”). By creating an account, connecting a calendar, or otherwise using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of a business, you represent that you are authorized to bind that business, and “you” refers to that business.

If you do not agree to these Terms, you may not use the Service.

FillOS detects late cancellations on a host’s connected calendar and helps fill the vacated slot from the host’s waitlist. To provide the Service we request read-only access to your Google Calendar so we can identify cancelled and open appointments. We do not write to, modify, or delete events on your calendar.

Our access to and use of Google user data is described in our Privacy Policy, and complies with the Google API Services User Data Policy, including its Limited Use requirements.

FillOS is currently offered as a pre-release, beta version of the Service. Beta features may be incomplete, may change or be withdrawn at any time, and may contain errors or produce inaccurate results. During this period the Service is provided without any service-level or availability commitment, and the disclaimers and limitations of liability in these Terms apply with full force.

You must be at least 18 years old and able to form a binding contract to use the Service. You are responsible for safeguarding your account credentials and for all activity that occurs under your account. Notify us promptly at legal@fillos.io if you suspect any unauthorized use.

You agree not to, and not to permit anyone else to:

• Use the Service to send unsolicited, deceptive, or unlawful communications, or in violation of any anti-spam, telemarketing, or consumer-protection law (including the TCPA and CAN-SPAM Act);
• Upload or process contact data without the necessary consents and lawful basis to contact those individuals;
• Reverse engineer, decompile, scrape, or attempt to derive the source code of the Service, except where such restriction is prohibited by law;
• Probe, scan, or test the vulnerability of the Service, or breach or circumvent any security or authentication measure;
• Interfere with or disrupt the integrity or performance of the Service, or impose an unreasonable load on our infrastructure;
• Use the Service to build a competing product, or resell it without our consent; or
• Use the Service for any illegal, infringing, or harmful purpose.

We may suspend or terminate access for conduct that we reasonably believe violates these Terms or harms other users, us, or third parties.

The Service can send communications — including SMS text messages and emails — to the contacts on your waitlist on your behalf. You are solely responsible for those communications and for the contact data you provide. You represent and warrant that:

• you have obtained all consents required by law (including prior express consent where required) to contact each individual through the channels you enable;
• your use complies with all laws and regulations governing electronic communications, including the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, applicable state laws, CTIA guidelines, and carrier requirements (including A2P 10DLC registration for SMS);
• you will promptly honor opt-out and unsubscribe requests and will not message anyone who has withdrawn consent; and
• the content of your communications is accurate, lawful, and not misleading.

FillOS acts only as a conduit that transmits messages at your direction; you are the sender of record. You are responsible for any fees, penalties, or claims arising from messages sent through the Service on your behalf.

As between you and FillOS, you retain all rights in the data and content you submit to the Service, including your waitlist and contact information (“Customer Data”). You grant FillOS a non-exclusive, worldwide license to host, process, and transmit Customer Data solely as needed to provide and maintain the Service, to prevent or address technical or security issues, and as otherwise described in our Privacy Policy. You are responsible for the accuracy and legality of Customer Data and for having the rights necessary to provide it to us.

The Service — including all software, designs, text, graphics, and other materials we provide (excluding Customer Data) — and all intellectual property rights in it are and remain the exclusive property of FillOS and its licensors. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes during your subscription. You may not copy, modify, distribute, sell, or create derivative works from any part of the Service except as expressly permitted. “FillOS” and our logos are our trademarks and may not be used without our prior written consent.

If you choose to give us feedback, suggestions, or ideas about the Service, you grant FillOS a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate that feedback into the Service without any obligation or compensation to you.

The Service relies on third-party services and infrastructure, including Google (calendar access and authentication), Twilio (SMS), Resend (email), and our payment processor. Your use of those services may be subject to their own terms. We are not responsible for the availability, accuracy, or actions of third-party services, and an outage or change by a third party may affect the Service. We are not liable for any loss arising from a third party’s acts or omissions.

Paid plans are billed in advance on a recurring basis (monthly or annually, as selected at checkout). By subscribing, you authorize us and our payment processor to charge your payment method for the applicable fees, plus any taxes. Free plans may be modified, limited, or discontinued at any time.

• Automatic renewal. Subscriptions renew automatically at the end of each billing period at the then-current rate unless you cancel before the renewal date.
• Cancellation. You may cancel at any time from your account settings. Cancellation takes effect at the end of the current billing period; you retain access until then.
• Refunds. Except where required by law, fees are non-refundable and we do not provide refunds or credits for partial billing periods or unused time.
• Price changes. We may change our fees; we will give you reasonable advance notice, and changes take effect on your next renewal.
• Non-payment. If a charge fails, we may suspend or downgrade your access until outstanding amounts are paid.

You may stop using the Service and close your account at any time. We may suspend or terminate your access, with or without notice, if you breach these Terms, if required by law, or if we discontinue the Service.

On termination, your right to use the Service ends immediately. You may export your data before termination where the Service provides that option; afterward we may delete your data in accordance with our Privacy Policy. Sections that by their nature should survive termination (including payment obligations, intellectual property, disclaimers, limitations of liability, indemnification, and governing law) will survive.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted, error-free, or secure, that defects will be corrected, or that the Service will detect every cancellation or fill every open slot. You use the Service at your own risk.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FILLOS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you.

You agree to defend, indemnify, and hold harmless FillOS and its officers, employees, and agents from and against any claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Service; (b) Customer Data or any communications sent through the Service on your behalf; (c) your violation of these Terms or any applicable law (including the messaging and privacy laws referenced above); or (d) your infringement of any third party’s rights.

These Terms are governed by the laws of the State of California, United States, without regard to its conflict-of-laws rules. You and FillOS agree that the state and federal courts located in California will have exclusive jurisdiction over any dispute arising out of or related to these Terms or the Service, and you consent to personal jurisdiction in those courts.

We may update these Terms from time to time. If we make material changes, we will update the “Last updated” date above and, where appropriate, notify you. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

• Entire agreement. These Terms, together with our Privacy Policy, are the entire agreement between you and FillOS regarding the Service and supersede any prior agreements.
• Severability. If any provision is found unenforceable, the remaining provisions will remain in full effect.
• No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
• Assignment. You may not assign or transfer these Terms without our prior written consent; we may assign them, including in connection with a merger, acquisition, or sale of assets.
• Force majeure. We are not liable for any delay or failure to perform caused by events beyond our reasonable control.
• Notices. We may provide notices to you by email or through the Service; you may contact us at the address below.

Questions about these Terms? Reach us at legal@fillos.io.