By accessing, using, or accepting these terms of service, you (“Customer”) agree to the terms of this electronic agreement on behalf of all account holders. The Customer represents that they have full authority to bind the entity and itself to these terms. Practice in Tune reserves the right to add, modify, or eliminate aspects, features or functionalities of the Service for any purpose.
These Terms of Service are a contract between Customer, the legal entity that they practice under and Practice in Tune by Alkin Solutions LLC, and govern the use of Practice in Tune’s website and any sub-domains, software, and servers (“Service”). By accessing, purchasing, or using the Service, the Customer agrees to follow and be bound by the following terms and conditions and any other terms and conditions embodied in any agreements they enter into with Practice in Tune. If the Customer does not agree with the Terms of Service, they may not use the Service.
These Terms of Service apply to all transactions made on or through the Service. This agreement is governed by the Electronic Signatures in Global and National Commerce Act. Customer and the account owner exhibit the agreement to these Terms of Service by any act demonstrating consent, including clicking any button containing the words “I agree”, “Start my free trial”, “Create my account”, “Sign Up” or similar syntax, by accessing or using the Services, whether the Customer has read these terms or not. On clicking any such button, the Customer agrees to these Terms of Service. By continuing to access or use the Service after the effective date of any such change, the Customer agrees to be bound by the modified Terms of Service.
I. Account. An Account must be established with Practice in Tune to use the Service. Only one person may be the Account Owner, who can grant access to account users who are employed by or contracted to the practice. The account owner agrees to provide only accurate information about themself as prompted by the Sign Up Form. Practice in Tune will assign the account owner an Organization Name. You and your users must each choose a username to identify yourselves under the Organization Name.
The account owner is responsible for all activities conducted through the Account. In the event that fraud or conduct that violates this Agreement occurs by any account user we may suspend or terminate the use and the Account. It shall be the financial responsibility of the account owner to be responsible for the consequences of such misuse.
At the time the Account is created, a password must be created. The account owner is responsible for maintaining the confidentiality of the password and is responsible for any damages resulting from the disclosure of the password.
II. Fees and Billing. Practice in Tune provides the Service for the fees and other charges set forth on our website. We may at any time add new or modify services for additional fees and charges. You acknowledge that it is your responsibility to ensure payment in advance for all paid aspects of the Service, and to ensure that your credit or debit cards continue to be valid. We may suspend or terminate your use in the event of any payment delinquency.
III. You and Your Clients’ Data. For the User Data you upload to the Service, you confirm that you own or have all necessary Intellectual Property Rights, licenses, consents, and permissions to use, as well as authorize Practice in Tune to use the User Data. You agree that by uploading any content to or through the Servers or website that you automatically grant Practice in Tune a license to use and display the User Data and Transaction Data solely for the purposes of providing the Service. You agree that the license includes the right to copy, analyze and use any of your user data and transaction data as Practice in Tune may deem necessary for future improvements of the Service.
IV. Stripe. In order to use Stripe® Payment Processing Services, you must agree to the Stripe Connected Account Agreement (https://stripe.com/us/connect-account/legal) that is available to you when you enroll in the Service and afterward through the Service. No transactions will occur in your Practice in Tune account until you click to agree to the Stripe Services Agreement or the Stripe Connected Account Agreement (as applicable). In addition to other terms and conditions herein as it relates to your clients’ payments to you, you hereby agree that:
i.Practice in Tune may conduct certain activities related to the Stripe Payment Processing Services such as communication of information about transactions and refunds, Stripe account balance adjustments, the handling of disputes (including chargebacks), as well as other features as described in the Stripe documentation.
ii.certain use, recurring, or application fees that may be charged to you for your use of the Stripe Payment Processing Services.
iii.to comply with all terms and conditions of your Stripe Connected Account Agreement and not violate such agreement including processing payments from the Prohibited Business List provided in the Stripe Connected Account Agreement.
iv.Stripe may suspend or terminate the provision of Stripe Payment Processing Services in accordance with the terms of the Stripe Connected Account Agreement.
v.Practice in Tune may use and may share with Stripe, and Stripe may use and share with Practice in Tune, all Transaction Data, Payment Data, data about your account, your activity on their Stripe accounts, and transactions. In addition, You hereby grant permission to Practice in Tune to work with and interact with Stripe, in order to copy your Transaction Data, Payment Data, and User Data from your account to the Service and your related account, for the benefit of facilitating or improving use or interoperability of the Stripe credit card processing services with the Services.- As a condition of Practice in Tune enabling payment processing services through Stripe Payment Processing Services, you must provide Practice in Tune accurate and complete information about you and your practice and business.
“Stripe” is a registered trademark of Stripe, Inc.
V. Interruption of Service. Practice in Tune may need to interrupt the Service to protect the integrity, functionality, or for any maintenance purposes for the Service. You agree that Practice in Tune will not be liable for any interruption of the Service and you agree that you will not be entitled to refunds of fees or other compensation for interruption of service. Likewise, you agree that in the event of loss of any user data, we will not be liable for any damage or harm arising therefrom.
VI. Intellectual Property Rights and Limited License. Except as expressly granted in this Agreement, all rights, title, and interest in and to the Service, except user data, are reserved by Practice in Tune. Copyright, trademark and other laws of the United States and foreign countries protect the intellectual property of Practice in Tune.
Practice in Tune hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited, revocable license to access and use the Service as set forth in these Terms of Service and expressly conditioned upon your Account remaining active and in full compliance with these Terms of Service. You agree that you will not allow any person or entity not authorized by Practice in Tune to use or access the software, attempt to copy any ideas, features, functions or graphics contained in the Service, alter or modify the Practice in Tune software, sell or otherwise transfer the Practice in Tune software, or attempt to translate, disassemble, decompile, reverse assemble, reverse engineer all or any part of the Service or otherwise attempt to derive the source code for the software.
You agree that Practice in Tune will have no liability for, and you agree to defend, indemnify, and hold Practice in Tune harmless for any claims, losses or damages arising out of or in connection with your use of any user data.
VII. Prohibited Conduct While Using the Service. You agree that you will not post, display or transmit data that violates any law, regulation or rule, or the rights of any third party including Intellectual Property Rights; impersonating any person or entity without their consent; posting or transmitting viruses, Trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines that may harm the Service or rights of other users, engage in malicious, disruptive or other conduct; or attempt to gain unauthorized access to any other user’s Account information.
VIII. Releases. As a condition of access to the Service, you release Practice in Tune from claims, demands, losses, liabilities and damages of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have or claim to have with one or more other users of the Service or with other third parties, including whether or not Practice in Tune becomes involved in any resolution or attempted resolution of the dispute. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
IX. Third-Party Websites. You agree that Practice in Tune is not liable for the content, policies, or practices of any third-party websites, servers, or online services that may have connection with Practice in Tune.
X. Limitation of Liability. In no event shall Practice in Tune be liable to you or any third party for any damages including: damages for lost data or lost profits, arising out of or in connection with the Service, the Practice in Tune software, the websites, the servers, your account or this agreement, whether or not Practice in Tune may have been advised that any such damages might occur. In no event will Practice in Tune’s cumulative liability to you exceed the greater of one hundred dollars (U.S. $100.00).
XI. No Third Party Beneficiaries. You acknowledge that your participation in the Service does not make you a Practice in Tune employee and will not be compensated by Practice in Tune for such activities.
XII. Termination. Upon termination of your Account, all licenses granted by Practice in Tune to use the Website, Software, and the Service will automatically terminate and all User Data in your Account will be deleted.
Any violation by you of the terms of this Section may result in immediate suspension or termination of your Account without any refund or other compensation.
XIII. Disclaimer of Warranties Outside of the United States. Practice in Tune is a United States-based service. We make no representation that any aspect of the Service is appropriate or available for use outside of the United States or may be used for persons who are not citizens of the United States or residents of other countries. Those who access the Service from other locations are responsible for compliance with applicable local laws.
XIV. Notices. Practice in Tune may provide notice to you and obtain consent from you through the website at www.Practice in Tune.com and/or by electronic mail at the electronic mail address associated with your Account.You must give all notices required under this Agreement to Practice in Tune by Alkin Solutions, LLC, 9201 Warren Parkway Suite 200 Frisco, TX 75035.