Terms of Service

Le Paradis, LLC owns and operates various websites, services, and software that enable online appointment scheduling (collectively referred to as the "Services") through www.leparadis.app and its sub-domains, mobile sites, and mobile applications (collectively termed the "Sites").

In these Terms of Service, the entity you are contracting with, as specified in the 'Contracting Entity and Applicable Law' section, will be referred to as "Le Paradis, LLC", "LeParadis.app," "us," or "we."

The terms "you," "yourself," and "Business" refer to any individual or legal entity and its authorized personnel that subscribe to or register for an Account or utilize the Services available at leparadis.app.

LeParadis.app and the Business may each be referred to as a "Party" and collectively as the "Parties."

By creating an Account with LeParadis.app and accessing the Sites and Services, you confirm that you are authorized to accept the terms outlined below (the "Terms of Service," "Service Agreement," or "Agreement") on behalf of yourself or the entity you represent, along with the Data Processing Addendum (DPA), any relevant SaaS Order Form, Privacy Notice, and applicable laws and regulations governing LeParadis.app's business during each Subscription Term. You represent and warrant that you have the authority and capacity to enter into these Terms (either on your own behalf or on behalf of the entity you represent). All use of the Services is subject to these Terms of Service. If you do not agree with all the provisions of these Terms, please do not access or use the Platform. By continuing to use the Services, you agree to be bound by these Terms of Service.

The parties acknowledge and agree that by signing the Service Agreement, you are entering into the agreement on your own behalf and, where applicable, on behalf of your employees, representatives, consultants, contractors, or agents who are authorized to utilize the Services for your benefit ("Authorized Affiliates"). This creates a separate Service Agreement between Leparadis.app and each Authorized Affiliate, subject to this provision of the Service Agreement. Each Authorized Affiliate agrees to adhere to the obligations outlined in this Service Agreement and the Privacy Policy, as applicable. All access to and use of the Services and Content by Authorized Affiliates must adhere to the terms and conditions of the Service Agreement. Any breach of these terms and conditions by an Authorized Affiliate will be considered a breach by the Business.

IF YOU ARE A BUSINESS LOCATED IN THE EUROPEAN ECONOMIC AREA, SWITZERLAND, OR THE UNITED KINGDOM, THE DATA PROCESSING ADDENDUM ACCOMPANIES THESE TERMS AND CONDITIONS CONTAINS ADDITIONAL TERMS OF OUR AGREEMENT THAT APPLY EXCLUSIVELY TO THE EXTENT THAT ANY INFORMATION YOU PROVIDE TO LEPARADIS INCLUDES PERSONAL DATA OF INDIVIDUALS LOCATED IN THE EUROPEAN ECONOMIC AREA, SWITZERLAND, AND THE UNITED KINGDOM.

You are responsible for using the Services appropriately and effectively. By utilizing the Services, you confirm that you will use them solely for the purposes stated on our Site, that you are a legitimate business looking to use the Services for advertising and generating online appointments from End Users, and that any contact information you provide, including email addresses and phone numbers, is accurate and current. Violating this section will lead to the termination of your account. We also reserve the right to seek any legal or equitable remedies for any breaches of this section.

Welcome to LeParadis.app. These Terms of Service ("Terms") govern your access to and use of our appointment scheduling and business management platform, including our website, mobile application, widgets, and related services (collectively, the "Service"). Our Service is owned and operated by Le Paradis, LLC ("we," "our," or "us").

"End User": refers to individuals or entities who schedule or book appointments through the user-facing interface provided by LeParadis.app. These end users may or may not be registered with us. When they schedule or book an appointment, they agree to this End User Agreement, which outlines their use of the Services and their legal relationship with the LeParadis.app.

"End User Data": This includes any data, particularly Personal Information in End User Data, submitted by the End User while utilizing the Services to make bookings or appointments with the Business.

"Affiliate" and/or "Subsidiaries": In relation to any party involved in this Agreement, this term refers to any entity that either directly or indirectly controls, is controlled by, or shares common control with that party. "Control" is defined as having the power, whether directly or indirectly, to influence or dictate the management and policies of the entity, which can occur through ownership of voting securities, contractual agreements, or other means.

"LeParadis Data": This refers to the proprietary information of LeParadis.app, encompassing non-public details related to the features, functionalities, and performance of the Service.

"Business": This term signifies any individual or legal entity, along with its authorized Users, that subscribes to and utilizes the LeParadis.app Services to connect with their End Users.

"Business Account": This refers to the account created by a Business on LeParadis.app, allowing them to access the Services through either a trial or a paid membership with LeParadis.app.

"Business Data": This is the proprietary information belonging to the Business, which includes non-public electronic data or information supplied by the Business to LeParadis.app for the delivery of Services. This encompasses, but is not limited to, the Personal Information of Staff and End Users ("Personal Information in Business Data") that is submitted via the Business Account in connection with the Business's use of the Services, as well as reports and analyses generated from that usage.

"Personal Information in Business Data": This refers to any information that can identify or potentially identify an individual, whether directly or indirectly, including but not limited to their name, email address, phone number, and any other data collected or received by LeParadis.app in connection with the Services.

"Content": This encompasses materials such as text, software, data, images, graphics, photos, audio, audiovisual materials, videos, and any other type of content provided by LeParadis.app("Content").

You agree to pay all charges outlined on the LeParadis.app website and/or in these Terms of Service. You confirm that the address and email you provide in your account settings are valid business addresses and that LeParadis.app may send invoices to these addresses or through other electronic communications. Additionally, all invoices will be available on your LeParadis.app page.

Any charges billed to you by LeParadis.app do not include taxes, levies, or duties imposed by tax authorities, and you are responsible for paying all such taxes, levies, or duties.

All fees you pay to LeParadis.app under these Terms of Service are nonrefundable.

LeParadis.app reserves the right to modify any fees and pricing terms at its discretion and at any time. Any changes will be posted on the LeParadis.app website and will take effect immediately and/or in these Terms of Service. You confirm that the address and email you provide is valid.

LeParadis.app will issue monthly invoices in advance for all amounts owed. Each invoice will detail the fees you will incur for the upcoming month during the Subscription Term.

The term "Subscription Term" refers to the duration for which the Business subscribes to the Services.

By providing a credit card or any other payment method during registration or at any subsequent time, you confirm that the credit card or payment method is valid and authorized. You grant LeParadis.app permission to charge this credit card or payment method for the amounts specified in the Invoices.

Trial: LeParadis.app provides a fully functional 15-day free trial, allowing you to evaluate the service's suitability for your needs. Consequently, we do not issue refunds once you have signed up for a paid plan and your credit card has been charged. To ensure fairness, no exceptions will be made. If the Business chooses to delete their account at the conclusion of the free trial, it must export its Business Data before the account deletion, as any data during the trial period will be permanently removed. Notwithstanding any contrary provisions in this Agreement, LeParadis.app is not obligated to maintain, store, or retain Customer Data if the Business opts to delete its account before or at the end of the trial period.

We grant you a license to use the Services in accordance with these Terms of Service. You agree not to use, copy, modify, reformat, rent, lease, lend, frame, create derivative works, publicly display, download, store, reproduce, transmit, provide links to, republish, upload, post, reprocess, make commercial use of, or distribute the Services. We retain all rights not explicitly granted in these Terms of Service.

All rights related to the copyrights, patents, trade secrets, trademarks, or service marks associated with the Services (collectively referred to as the "LeParadis.app Intellectual Property") are exclusively owned by LeParadis.app and/or its licensors. We do not transfer any rights to the LeParadis.app Intellectual Property to you.

Neither Party will gain any rights, title, or interest in the Intellectual Property of the other Party.

Content within the Services that features or includes any of the LeParadis.app Intellectual Property cannot be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose without prior written consent from LeParadis.app or the rightful owner, as applicable.

Both Parties acknowledge that they may share or receive business, technical, or financial information pertaining to each other's operations.

Neither Party shall disclose or use the other Party's Confidential Information except in the following circumstances: (a) as necessary to fulfill its obligations or exercise rights under this Service Agreement; (b) with the prior written consent of the other Party; or (c) as required by law, a court order, or other governmental authority.

Each Party agrees to safeguard the Confidential Information of the other Party using the same degree of care it employs to protect its own similar confidential information, but in any case, no less than a commercially reasonable standard of care.

Confidential Information does not include information that: (a) becomes publicly available without a breach of any obligation owed to the disclosing Party; (b) was known to a Party prior to its disclosure by the other Party without any breach of obligation; (c) was developed independently by a Party without breaching any obligation to the other Party; or (d) was received from a third party without breaching any obligation to the other Party.

You are accountable for ensuring that you fulfill all appointments scheduled through the Services and for notifying your End Users of any changes directly.

You are responsible for all activities that occur while using the Services, including those performed by your End Users.

All such activities must comply with the terms outlined herein, any applicable Order Form, and all relevant local, state, national, and international laws, regulations, and treaties (collectively referred to as "Laws") that govern your use of the Services.

This includes adhering to any applicable Laws related to export restrictions, data privacy, international communications, and the transmission of technical or personal data.

You are tasked with managing the availability for online appointment scheduling, which includes setting parameters for Staff and Services, determining bookable days and times, and establishing lead times to avoid double bookings and other issues that could negatively impact your End Users' experience with the Services.

It is your responsibility to regularly review your online appointments. If you are unable to honor any appointment made through the Services, you agree to promptly inform the affected End Users of such changes.

You agree to use the Services only in a lawful manner and in a way that does not harm the Services. Specifically, you must not, and must not permit any third party to:

• Access the Services through unauthorized interfaces or protocols;
• Transmit any information that infringes on the rights of others or is abusive, spammy, pornographic, violent, racist, discriminatory, offensive, vulgar, obscene, defamatory, invasive of personal privacy, harassing, threatening, or otherwise objectionable;
• Translate, reverse-engineer, decompile, disassemble, modify, or create derivative works from the Services or any related software, except where expressly permitted by applicable law;
• Remove, obscure, or alter any notices or indications of rights related to the LeParadis.app Intellectual Property;
• Interfere with, or attempt to compromise, the integrity or security of the system, or decipher any transmissions to or from our servers;
• Take any action that places an unreasonable or excessive load on our infrastructure;
• Upload invalid data, viruses, worms, or other harmful software to the Services;
• Use automated means, such as spiders, robots, crawlers, or data mining tools, to download data from the Services unless expressly authorized by LeParadis.app;
• Utilize the Services in a manner that disables them or prevents others from using them;
• Or Impersonate any individual or entity to access or use the Services.

In summary, your use of the Services must comply with this Service Agreement. Modifying or reverse-engineering the product is prohibited, as is selling, reselling, transferring, or sublicensing it to any third party.

You agree not to engage in any illegal or harmful activities with LeParadis.app.

We reserve the right to suspend your Business Account or terminate your services with LeParadis.app if you violate any of these terms.

The Business is fully accountable for gathering, entering, and maintaining all Business Data during its use of the Services, and it must ensure the accuracy, quality, integrity, legality, reliability, and appropriateness of that data.

The Business must guarantee that the Business Data does not (i) contain any material that infringes upon or misappropriates the copyright, trade secret, trademark, or other intellectual property rights of any third party, or (ii) include any content that is obscene, defamatory, harassing, offensive, or malicious.

In accordance with the terms of this Agreement, Business grants LeParadis.app and Affiliates a non-exclusive, worldwide, royalty-free license to process the Business Data only as necessary to provide the Services and fulfill all related obligations to the Business under this Agreement, or as required by law.

LeParadis.app and Affiliates do not own the Business Data submitted. LeParadis.app is not liable for the deletion, correction, destruction, damage, loss, or failure to store any Business Data.

You agree to indemnify and hold LeParadis.app and Affiliates harmless from any damages, losses, claims, complaints (whether legal or related to End Users), demands, or causes of action arising from Business Data, including its deletion, damage, use, or misuse, except in cases where LeParadis.app is solely responsible for deletion or damage that is not related to any breach of the Service Agreement by the Business.

LeParadis.app commits to implementing and maintaining suitable technical, physical, and administrative security measures that are commercially reasonable to ensure the confidentiality, integrity, and availability of Business Data.

If LeParadis.app becomes aware of any unlawful or unauthorized loss, disclosure, alteration, or access to Client Data that is processed through our Services (referred to as a "Security Incident"), we will promptly inform you of each incident and take reasonable steps to minimize its impact.

You agree that LeParadis.app may share Business Data with vendors that have been assessed, approved, and engaged by LeParadis.app.

These vendors are capable of providing services to LeParadis.app and are trusted to access limited Business Data as necessary to fulfill specific functions within the Services.

Trusted Vendors are evaluated on a case-by-case basis, must comply with industry-standard security frameworks or pass a security assessment, and agree to confidentiality obligations that are no less restrictive than those in this Service Agreement. Some Trusted Vendors may be located in countries outside of the United States, including those where the European Commission has not determined that adequate data protection is provided by national law.

In accordance with the terms and conditions outlined herein, LeParadis.app agrees to (i) provide the Service to the Business and grants the Business a limited, non-exclusive, non-transferable, non-sublicensable, revocable, worldwide license to utilize the Services solely for the Business's own operational purposes, as specified in the terms of all applicable Subscription Plans; and (ii) offer commercially reasonable technical support via phone and email, as defined by the Business's Subscription Plan.

Leparadis.app is not required to provide support or assistance to you, including but not limited to error corrections, upgrades, support, updates, bug fixes, enhancements, or any other type of assistance.

You acknowledge that LeParadis.app holds no liability or responsibility for the storage or deletion of any User Submissions. LeParadis.app reserves the right, though is not obligated, to remove any User Submissions at its discretion and/or terminate a user account without prior notice or explanation. We may monitor your use of the Services, as permitted by law, to ensure adherence to these Terms of Service, fulfill legal obligations, or protect our rights and the rights of others.

Le Paradis, LLC is committed to preventing and addressing unauthorized infringement of copyrighted materials. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, or if you have identified infringing material available through our Services, please notify our copyright agent in accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"). For your complaint to be valid under the DMCA, please provide the following information in writing:

• An electronic or physical signature of an individual authorized to act on behalf of the copyright owner;
• Identification of the copyrighted work you claim has been infringed;
• Identification of the infringing material and its location on our website;
• Sufficient information to allow Le Paradis, LLC to contact you, including your address, telephone number, and email address;
• A statement expressing your good faith belief that the use of the material in question is not authorized by the copyright owner, their agent, or applicable law; and
• A statement made under penalty of perjury asserting that the information provided is accurate and that you are the copyright owner or are authorized to act on behalf of the owner.

Please submit the above information to [email protected]

You must adhere to:

• All Applicable Laws: This includes all local, state, and federal laws, statutes, rules, regulations, or orders, particularly those related to the use, sale, and distribution of alcohol, as well as laws concerning vouchers.
• Unfair Competition Laws: You must comply with all laws that prohibit false, deceptive, or unfair advertising practices and any form of disparagement.
• Intellectual Property Laws: You are required to follow all laws pertaining to copyright, trademark, and other intellectual property rights, as well as rights of privacy or publicity belonging to any third party.

You may terminate your LeParadis.app account by ceasing to use the Services. Please note that any fees you have paid up to that point for the Services are non-refundable.

Either Party may terminate the Service Agreement for cause: (i) by providing thirty days written notice to the other Party regarding a material breach, and if the breach is not remedied within that timeframe, the non-defaulting Party may terminate the Service Agreement immediately; or (ii) with immediate effect if the other Party is subject to a bankruptcy petition or any other insolvency, receivership, liquidation, or creditor assignment proceedings.

Upon termination of your access to the Services for any reason, all your rights to access and utilize any components of the Services will cease immediately.

In such an event, you agree to delete all Content from your hard drives and any other storage devices, and to destroy any copies of the Content in your possession.

These Terms of Service, along with any other legal policies from LeParadis.app available on the LeParadis.app Sites, any operating rules for the Services set by LeParadis.app and any applicable Supplemental Terms, as well as the LeParadis.app Privacy Policy, represent the complete Service Agreement between you and LeParadis.app regarding your use of the Services.

In the event that you have entered into another binding legal agreement with LeParadis.app for the provision of the Services, the terms of that agreement will take precedence over this Agreement in the case of any conflict between the terms.

If a court with appropriate jurisdiction deems any provision of these Terms of Service to be illegal or unenforceable, such provision shall be amended as necessary to make it enforceable while preserving its original intent, or it shall be removed from these Terms of Service if no modification is feasible. The remaining provisions of these Terms of Service shall continue to be in full effect.

The Services are provided "AS IS," "WITH ALL FAULTS," and "AS AVAILABLE." The End User acknowledges that their use of the Services is at their own risk. Le Paradis, LLC does not guarantee that users will have uninterrupted access to the Services at all times or from all locations, that it will have sufficient capacity for all users, or that the Services will function properly with the End User's equipment.

To the fullest extent permitted by law, Le Paradis, LLC, along with its officers, directors, employees, and agents, disclaims all warranties, whether express or implied, including but not limited to implied warranties of merchantability, suitability, quality, accuracy, fitness for a particular purpose, and non-infringement.

Le Paradis, LLC makes no warranties or representations regarding the content of any websites linked to the Services. Le Paradis, LLC does not warrant, endorse, guarantee, or assume responsibility for any products or services offered, advertised, or provided by third parties through the Services or any linked websites, nor will Le Paradis, LLC be involved in or responsible for monitoring any transactions between the End User and any third party.

End Users are solely responsible for ensuring compliance with all applicable local laws.