Tenday

Terms and Conditions

Last Updated: June 6, 2025

1. Introduction

Welcome to Tenday ("Company," "we," "us," or "our"). These Terms and Conditions ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "you," or "your") and Tenday regarding your access to and use of the Tenday platform, including our website, mobile applications, and all related services (collectively, the "Service" or "Platform").

These Terms govern all aspects of your relationship with Tenday, including but not limited to the use of our appointment management and scheduling services, payment processing, data handling, and account management.

2. Definitions

For purposes of this Agreement, the following terms shall have the meanings set forth below:

"Service" or "Platform" means the Tenday software-as-a-service platform, including our website, mobile applications, APIs, and all related services and features.

"User," "you," or "your" means any individual or legal entity that accesses, uses, or subscribes to our Service.

"Account" means your registered user account on our Platform that allows you to access and use our services.

"Content" means any information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials.

"Subscription" means any paid plan or service tier that provides access to premium features and functionality of our Platform.

"Personal Data" means any information relating to an identified or identifiable natural person.

"Intellectual Property" means all intellectual property rights, including but not limited to copyrights, trademarks, patents, trade secrets, and proprietary information.

3. Acceptance of Terms

By accessing, using, or registering for our Service, you expressly acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

If you are entering into this Agreement on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, and "you" and "your" shall refer to such entity.

If you do not agree to these Terms, you must not access or use our Service.

4. Eligibility

You must be at least 18 years of age to use our Service. By agreeing to these Terms, you represent and warrant that:

  • You are at least 18 years old and have the legal capacity to enter into this Agreement
  • You are not prohibited from using the Service under applicable laws
  • Your use of the Service will not violate any applicable law or regulation
  • All information you provide is accurate, current, and complete

We reserve the right to refuse service, terminate accounts, or cancel subscriptions at our sole discretion.

5. Account Registration

To access certain features of our Service, you must create an account by providing accurate, current, and complete information as requested in our registration form. You agree to:

  • Provide truthful, accurate, current, and complete information during registration
  • Maintain and promptly update your account information to keep it accurate and complete
  • Maintain the security and confidentiality of your login credentials
  • Accept all responsibility for all activities that occur under your account
  • Immediately notify us of any unauthorized use of your account or any other breach of security

You may not create an account using false information or on behalf of someone other than yourself without permission. We reserve the right to suspend or terminate accounts that violate these requirements.

6. Description of Services

Tenday provides a comprehensive appointment management and scheduling platform designed to help businesses and service providers:

  • Manage customer appointments and bookings
  • Reduce no-shows through automated reminders and confirmations
  • Process payments and handle billing
  • Manage customer relationships and communications
  • Generate reports and analytics
  • Integrate with third-party applications and services

We continuously develop and improve our Service, and we reserve the right to modify, update, suspend, or discontinue any aspect of the Service at any time, with or without notice to users.

While we strive to maintain high availability and performance, we do not guarantee that the Service will be uninterrupted, error-free, or completely secure at all times.

7. Payment and Billing

Certain features and functionalities of our Service require payment of subscription fees or other charges. All pricing is clearly displayed on our website and within the Service before purchase.

By providing payment information and subscribing to a paid plan, you:

  • Authorize us and our payment processor (Paddle) to charge your designated payment method
  • Represent that you are authorized to use the payment method provided
  • Agree to pay all applicable fees, taxes, and charges
  • Acknowledge that fees are non-refundable except as expressly stated in these Terms

All payments are processed securely through Paddle, our third-party payment processor. Your payment information is handled in accordance with applicable payment card industry standards and regulations.

We reserve the right to change our pricing structure with reasonable advance notice. Price changes will not affect your current billing period but will apply to subsequent billing cycles.

8. Subscription Terms

Subscription plans are billed on a recurring basis (monthly or annually) as selected during the subscription process. Key terms include:

  • Automatic Renewal: Subscriptions automatically renew at the end of each billing period unless cancelled
  • Billing Date: You will be charged on the same day of each billing period
  • Payment Failure: If payment fails, we may suspend your access to premium features
  • Prorated Charges: Upgrades are prorated for the current billing period
  • Downgrade Policy: Downgrades take effect at the next billing cycle

You may view your subscription details, billing history, and manage your plan through your account dashboard.

9. Refunds and Cancellations

You may cancel your subscription at any time through your account settings or by contacting our support team. Cancellation terms include:

  • Cancellations take effect at the end of the current billing period
  • You will retain access to paid features until the end of the billing period
  • No refunds are provided for partial billing periods, except as stated in our refund policy below
  • Free trial cancellations take effect immediately

Refund Policy: We offer a 14-day money-back guarantee from the date of subscription purchase. Refund requests under this guarantee must be submitted within 14 days of the charge and will be honored without questions.

Refunds outside this guarantee are generally not provided except in the following circumstances:

  • Technical issues preventing use of the Service for more than 48 consecutive hours
  • Billing errors or duplicate charges
  • Cancellation within 48 hours of initial subscription
  • As required by applicable consumer protection laws

Refund requests outside the 14-day guarantee will be reviewed on a case-by-case basis.

10. Data Protection and Privacy

The collection, use, and protection of your personal information is governed by our Privacy Policy, which forms an integral part of these Terms. Key principles include:

  • Data Ownership: You retain ownership of all data you input into our Service
  • Data Processing: We process your data solely to provide and improve our Service
  • Data Security: We implement industry-standard security measures to protect your data
  • Data Portability: You may export your data at any time through your account settings
  • Data Deletion: We will delete your data upon account termination as specified in our Privacy Policy

You are responsible for ensuring that your use of our Service complies with all applicable data protection laws, including GDPR, CCPA, and other relevant regulations in your jurisdiction.

You warrant that you have obtained all necessary consents and authorizations for any personal data you process through our Service.

11. Intellectual Property Rights

The Service, including all content, features, functionality, software, and technology, is owned by Tenday and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

Our Rights: We retain all rights, title, and interest in and to the Service, including all intellectual property rights.

Your License: Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your legitimate business purposes.

Restrictions: You may not:

  • Copy, modify, or distribute any part of the Service
  • Reverse engineer, decompile, or disassemble the Service
  • Create derivative works based on the Service
  • Remove or alter any proprietary notices or labels
  • Use the Service to develop competing products or services

Your Content: You retain ownership of content you create or upload to the Service, but grant us necessary rights to provide the Service to you.

12. User Obligations and Conduct

As a user of our Service, you agree to comply with all applicable laws, regulations, and these Terms. Your obligations include:

  • Using the Service only for lawful and legitimate business purposes
  • Providing accurate and truthful information at all times
  • Maintaining the confidentiality and security of your account credentials
  • Respecting the intellectual property rights of Tenday and third parties
  • Not interfering with or disrupting the Service or its infrastructure
  • Complying with all applicable data protection and privacy laws
  • Promptly reporting any security vulnerabilities or unauthorized access
  • Using the Service in a manner that does not harm other users or the platform

13. Prohibited Uses

You expressly agree not to use the Service for any unlawful purpose or in any way that violates these Terms. Prohibited activities include, but are not limited to:

  • Violating any applicable federal, state, local, or international law or regulation
  • Attempting to gain unauthorized access to the Service, other user accounts, or computer systems
  • Interfering with, disrupting, or creating an undue burden on the Service or networks
  • Transmitting any malicious code, viruses, worms, or other harmful software
  • Using automated tools, scripts, or bots to access the Service without authorization
  • Harvesting or collecting user information without consent
  • Impersonating any person or entity or misrepresenting your affiliation
  • Engaging in any form of harassment, abuse, or discrimination
  • Violating the intellectual property rights of others
  • Using the Service to compete directly with our business
  • Reselling or redistributing the Service without authorization
  • Engaging in any fraudulent or deceptive practices

14. Termination

Termination by You: You may terminate your account at any time by:

  • Using the account deletion feature in your settings
  • Contacting our customer support team
  • Cancelling your subscription (which will result in account deactivation at the end of the billing period)

Termination by Us: We may terminate or suspend your account immediately, without prior notice, if you:

  • Breach any provision of these Terms
  • Engage in prohibited activities
  • Fail to pay applicable fees
  • Violate applicable laws or regulations
  • Use the Service in a manner that harms other users or our business

Effect of Termination: Upon termination:

  • Your right to access and use the Service will cease immediately
  • We will delete your account and associated data in accordance with our Privacy Policy
  • You remain liable for any unpaid fees or charges
  • Provisions that by their nature should survive termination will continue to apply

15. Disclaimers and Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
  • WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE
  • WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE SERVICE
  • WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS

WE DO NOT WARRANT THAT THE SERVICE WILL FUNCTION WITHOUT INTERRUPTION OR ERROR, OR THAT ALL DEFECTS WILL BE CORRECTED. YOUR USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

16. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TENDAY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY:

  • INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
  • LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
  • DAMAGES RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICE
  • DAMAGES RESULTING FROM ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR DATA
  • DAMAGES RESULTING FROM THE CONDUCT OF THIRD PARTIES

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE SHALL NOT EXCEED THE GREATER OF:

  • THE TOTAL AMOUNT PAID BY YOU TO TENDAY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR
  • ONE HUNDRED DOLLARS ($100)

THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the limitation of liability for incidental or consequential damages, so these limitations may not apply to you.

17. Indemnification

You agree to defend, indemnify, and hold harmless Tenday, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including reasonable attorney's fees) arising from or relating to:

  • Your use of or access to the Service
  • Your violation of any term of these Terms
  • Your violation of any third-party right, including any copyright, property, or privacy right
  • Your violation of any applicable law or regulation
  • Any claim that your use of the Service caused damage to a third party

This indemnification obligation will survive the termination of your account and these Terms.

18. Force Majeure

Tenday shall not be liable for any failure or delay in performance under these Terms that is due to fire, flood, earthquake, elements of nature or acts of God, acts of war, terrorism, riots, civil disorders, rebellions or revolutions, or any other cause beyond our reasonable control.

In the event of force majeure, we will use commercially reasonable efforts to minimize the impact on the Service and notify affected users as soon as practicable.

19. Dispute Resolution

Informal Resolution: Before initiating any legal proceedings, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms through informal negotiation by contacting us at hello@tendayapp.com.

Binding Arbitration: If informal resolution is unsuccessful within thirty (30) days, any remaining dispute shall be resolved through binding arbitration in accordance with the rules of the Azerbaijan Chamber of Commerce and Industry.

Class Action Waiver: You agree that any arbitration or legal proceeding shall be limited to the dispute between you and Tenday individually. You waive any right to participate in class action lawsuits or class-wide arbitrations.

Exceptions: Either party may seek injunctive relief in a court of competent jurisdiction to protect intellectual property rights or confidential information.

20. Modifications to Terms

We reserve the right to modify these Terms at any time at our sole discretion. When we make changes, we will:

  • Update the "Last Updated" date at the top of these Terms
  • Notify you via email or through the Service at least 30 days before material changes take effect
  • Post the updated Terms on our website at tendayapp.com

Your continued use of the Service after any changes to these Terms constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service and terminate your account.

Material changes include modifications to pricing, payment terms, liability limitations, dispute resolution procedures, or any changes that significantly affect your rights or obligations.

21. Governing Law and Jurisdiction

These Terms and any dispute arising out of or related to them shall be governed by and construed in accordance with the laws of the Republic of Azerbaijan, without regard to conflict of law principles.

Any legal action or proceeding arising under these Terms will be brought exclusively in the courts located in Baku, Azerbaijan, and you hereby consent to personal jurisdiction and venue therein.

If you are accessing the Service from outside Azerbaijan, you acknowledge that you are doing so on your own initiative and are responsible for compliance with local laws where applicable.

22. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed severed from these Terms, and the remaining provisions shall remain in full force and effect.

In the event of such severance, the parties agree to replace the invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision.

23. Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Tenday regarding the Service and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning the subject matter.

No waiver, amendment, or other modification of these Terms shall be effective unless in writing and signed by both parties, except as otherwise provided herein.

The failure of either party to enforce any provision of these Terms shall not be construed as a waiver of such provision or the right to enforce it.

24. Contact Information

If you have any questions, concerns, or complaints regarding these Terms or the Service, please contact us using the following information:

Tenday
Email: hello@tendayapp.com
Website: https://tendayapp.com
Service Platform: https://app.tendayapp.com

We strive to respond to all inquiries within 48 hours during business days. For urgent matters affecting the security or functionality of your account, please mark your email as "URGENT" in the subject line.