Terms & Conditions Of Use
Important: By using AvailTrack, you agree to these terms and conditions. Please read them carefully before using our service.
1. About the Website
Welcome to availtrack.com (the 'Website'). The Website provides calendar availability tracking and alert services (the 'Services') and is operated by AvailTrack trading as Tryvex Pty Ltd ACN/ABN 680323684 ('AvailTrack', 'we', 'us' or 'our').
By accessing and/or using the Website and Services, you agree to these Terms and Conditions of Use (the 'Terms'). We may update these Terms at our discretion. Your continued use of the Website following any updates indicates your acceptance of the updated Terms.
2. Acceptance of Terms
You accept these Terms by remaining on the Website. You may not access or use the Website if you do not accept these Terms. By using the Website, you represent that you are at least 18 years of age and have the legal capacity to enter into these Terms.
3. Services Description
AvailTrack provides a web-based subscription service for tracking calendar availability across multiple scheduling platforms. Our Services include:
- Calendar connection and synchronization (currently supporting Calendly)
- Real-time availability monitoring
- Custom alert rules and notifications
- Historical availability tracking and reporting
- Multi-calendar dashboard views
We offer different subscription tiers including Personal, Professional, and Business accounts, each with varying features and limits as described on our pricing page.
4. Registration and Account
To use certain features of the Services, you must register for an account. When registering, you agree to:
- Provide accurate, current, and complete information
- Maintain and promptly update your account information
- Maintain the security of your password and account
- Accept responsibility for all activities under your account
- Immediately notify us of any unauthorized use of your account
5. Acceptable Use
You agree to use the Website and Services only for lawful purposes. You must not:
- Use the Services to violate any laws or regulations
- Attempt to gain unauthorized access to any portion of the Website or Services
- Interfere with or disrupt the Services or servers
- Use automated systems to access the Services without our express permission
- Impersonate any person or entity
- Harass, abuse, or harm other users
- Use the Services for any commercial purpose not expressly permitted
- Reverse engineer or attempt to extract the source code of the Services
- Upload or transmit viruses or malicious code
- Violate the intellectual property rights of others
6. Subscription and Payment
Access to certain features requires a paid subscription. By subscribing, you agree to:
- Pay all applicable fees as described on our pricing page
- Provide valid payment information
- Authorize us to charge your payment method on a recurring basis
Subscription fees are billed in advance on a monthly or annual basis. We may change our fees with 30 days' notice. Your continued use after fee changes indicates acceptance of the new fees.
Refunds are provided at our sole discretion and in accordance with applicable law. Generally, subscription fees are non-refundable except where required by law.
7. Intellectual Property
All content on the Website, including text, graphics, logos, images, software, and the compilation thereof, is the property of AvailTrack, Tryvex Pty Ltd or its licensors and is protected by intellectual property laws.
You retain ownership of any content you submit through the Services. By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, and display the content as necessary to provide the Services.
8. Privacy and Data Protection
Your use of the Services is also governed by our Privacy Policy, which is incorporated by reference into these Terms. Please review our Privacy Policy to understand how we collect, use, and protect your information.
9. Third-Party Services
The Services may integrate with third-party services (such as Calendly). Your use of these third-party services is subject to their respective terms and conditions. We are not responsible for the availability, content, or practices of third-party services.
10. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
- The accuracy, reliability, or completeness of the Services
- The Services will be uninterrupted or error-free
- Any defects will be corrected
- The Services are free of viruses or harmful components
- The Services will meet your requirements
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AVAILTRACK, TRYVEX PTY LTD AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE SERVICES.
12. Indemnification
You agree to indemnify and hold harmless AvailTrack, Tryvex Pty Ltd and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of the Services, violation of these Terms, or infringement of any rights of another party.
13. Termination
We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason, including:
- Breach of these Terms
- Non-payment of fees
- Request by law enforcement or government agencies
- Extended period of inactivity
- Fraudulent or illegal activity
- Technical or security issues
You may terminate your account at any time through your account settings. Upon termination, your right to use the Services will immediately cease.
14. Dispute Resolution
Any disputes arising from these Terms or your use of the Services shall be resolved through the following process:
- First, through good faith negotiations between the parties
- If negotiations fail, through mediation in Brisbane, Australia
- If mediation fails, through binding arbitration in Brisbane, Australia
The parties agree to maintain confidentiality of all dispute resolution proceedings.
15. Governing Law
These Terms are governed by the laws of Queensland, Australia, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in Queensland, Australia.
16. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by email or through the Services. Your continued use of the Services after changes indicates your acceptance of the modified Terms.
17. General Provisions
Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
Entire Agreement: These Terms, along with our Privacy Policy, constitute the entire agreement between you and AvailTrack regarding the use of the Services.
No Waiver: Our failure to enforce any provision of these Terms shall not be deemed a waiver of that provision.
Assignment: You may not assign or transfer your rights under these Terms without our prior written consent.
18. Contact Information
If you have any questions about these Terms, please contact us at:
AvailTrack
Trading as Tryvex Pty Ltd
ACN/ABN: 680323684
Email: [email protected]
Website: availtrack.com
Last updated: January 2025
Effective date: January 2025