DynApoint Terms of Service

These Terms of Service ("Terms") govern your use of DynApoint, an appointment booking platform operated by DynaLake LLC ("DynaLake," "we," "us," or "our"), 116 Agnes Rd, Ste 200, Knoxville, TN 37919. DynApoint includes the DynApoint Biz app for shop owners and staff, the DynApoint Customer app for clients, our iOS and Android apps, and our website at https://dynapoint.app (together, the "Service").

Please read these Terms carefully. Our Privacy Policy explains how we handle personal information, and our SMS Terms explain how text messages work. Both are part of these Terms.

1. Acceptance of These Terms

By creating an account, booking an appointment, or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service. If you use the Service on behalf of a business, you confirm that you have authority to accept these Terms for that business, and "you" includes that business.

2. Eligibility

• You must be at least 18 years old to create a business account (a shop account in the Biz app).
• You must be at least 18 years old to create a client account in the Customer app.

3. Accounts and Security

• You agree to give accurate information when you sign up and to keep it up to date.
• You are responsible for keeping your login credentials confidential and for all activity under your account.
• Tell us right away at admin@dynalake.net if you believe your account has been accessed without permission.
• You may not share your account, sell it, or create an account for someone else without their permission.

Deleting your account

You can request account deletion at https://dynapoint.app/delete-account. Your account is disabled when you confirm the request, and your data is deleted within 30 days. Payment and tax records are kept for 7 years in anonymized form, as described in our Privacy Policy.

4. Roles on DynApoint

DynApoint has three kinds of users:

• Owners create and manage a shop in the Biz app. Owners control the shop's listing, services, prices, schedules, staff access, booking policies, and subscription.
• Staff are people an owner invites to the shop in the Biz app. Staff can manage their own schedules and appointments, and anything else the owner allows. The owner is responsible for what staff do in the shop's account.
• Clients use the Customer app or website to find shops and book, change, or cancel appointments.

A shop (owner and staff together) is a "Shop" in these Terms.

5. Shop Responsibilities

If you run a Shop on DynApoint, you agree that:

• Your listing is accurate. Your business name, services, prices, availability, location, booking policies, and fees must be truthful and kept current.
• You are responsible for your services. DynaLake does not provide, supervise, or guarantee the services a Shop offers. The Shop alone is responsible for the quality, safety, and legality of its services, and for any licenses, permits, or insurance it needs.
• You own the client relationship. The relationship between a Shop and its clients is between them. The Shop is responsible for honoring bookings, communicating with clients, handling complaints, and resolving disputes, including disputes about fees and refunds.
• You follow the law. This includes consumer protection, privacy, anti-discrimination, tax, and employment laws that apply to your business.
• You handle client information properly. You will use client information you receive through the Service only to provide and manage appointments and as allowed by law and our Privacy Policy.

6. Acceptable Use

You agree not to:

• break any law or violate anyone else's rights;
• post false, misleading, or fraudulent listings, bookings, or reviews;
• harass, threaten, or abuse other users or Shop staff;
• book appointments you do not intend to keep, or make bookings in someone else's name without permission;
• upload viruses or harmful code, or try to interfere with or disrupt the Service;
• access or try to access accounts, data, or systems you are not authorized to use;
• scrape, copy, or collect data from the Service using automated means without our written permission;
• reverse engineer the Service, except where the law allows it;
• use the Service to send spam or unsolicited messages; or
• resell or sublicense the Service without our written permission.

7. Bookings, Payments, and Fees

Shop policies

Each Shop sets its own booking policies, including cancellation windows, deposits, and late-cancellation and no-show fees. These policies are shown to clients when they book. By booking an appointment, a client agrees to that Shop's policies and fees.

Card payments

Card payments are processed by Stripe through Stripe Connect. Each Shop is the merchant for its own payments, which means the Shop, not DynaLake, is the seller of the services and is responsible for charges, refunds, and chargebacks related to its services.

Disputes about charges

If a client disagrees with a deposit, cancellation fee, or no-show fee, the client should contact the Shop first. DynaLake is not responsible for a Shop's pricing or refund decisions, but you can contact us at admin@dynalake.net if you need help reaching a Shop.

8. Business Subscriptions

Shops pay a subscription to use the Biz app:

• Price: $15 per month, which includes one bookable provider, plus $10 per month for each additional bookable provider.
• Billing: Subscriptions are billed through Google Play or the Apple App Store, depending on where you subscribe. The store handles payment and renews your subscription automatically until you cancel.
• Cancelling: Cancel through your Google Play or App Store account settings. Deleting the app does not cancel your subscription.
• Changing providers: If you reduce the number of bookable providers, the change takes effect at your next renewal.
• Refunds: Refunds are handled under the refund policy of the store you purchased through. DynaLake does not issue refunds directly for store purchases.
• Price changes: We may change subscription prices. We will give notice before a change applies to you, and the store may ask you to accept the new price.

9. Text Messages (SMS)

DynApoint can send text messages for appointment reminders and scheduling updates. SMS is opt-in only; you will receive these messages only if you agree to them.

• Reply STOP to opt out at any time.
• Reply HELP for help.
• Message and data rates may apply.

See our SMS Terms for full details.

10. Your Content and License

Your content. "Content" means anything you add to the Service, such as shop descriptions, photos, service details, notes, and reviews. You keep ownership of your Content.

License to us. You give DynaLake a non-exclusive, worldwide, royalty-free license to host, store, copy, display, and share your Content only as needed to run, improve, and promote the Service. For example, we show a Shop's listing to clients. This license ends when your Content is deleted from the Service, except for copies we must keep for legal reasons or that remain in backups for a limited time.

Your responsibility. You confirm that you have the rights to the Content you post and that it does not violate these Terms or anyone else's rights. We may remove Content that we believe violates these Terms.

Our property. The Service, including its software, design, and the DynApoint and DynaLake names and logos, belongs to DynaLake. We give you a limited, personal, non-transferable, revocable license to use the Service under these Terms. You may not use our names or logos without our permission.

Feedback. If you send us ideas or suggestions, we may use them without any obligation to you.

11. Termination

By you. You may stop using the Service at any time and delete your account at https://dynapoint.app/delete-account. Shops should also cancel their subscription in Google Play or the App Store.

By us. We may suspend or end your access to the Service if you violate these Terms, if required by law, or if your use creates risk or harm to other users or to us. Where reasonable, we will tell you first and give you a chance to fix the problem.

What happens next. When your account ends, your right to use the Service stops. Your data is handled as described in Section 3 and our Privacy Policy. Sections that by their nature should continue (such as content licenses for retained records, disclaimers, limitation of liability, indemnity, and governing law) survive termination.

12. Disclaimers

The Service is provided "as is" and "as available." To the fullest extent the law allows, DynaLake disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not promise that the Service will always be available, error-free, or secure, or that reminders and messages will always be delivered on time. DynaLake is a booking platform only. We are not a party to the agreement between a Shop and its clients, and we do not endorse or guarantee any Shop, its services, or any user.

13. Limitation of Liability

To the fullest extent the law allows:

• DynaLake will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or business opportunities, arising from your use of the Service.
• DynaLake is not liable for the services a Shop provides, for missed or cancelled appointments, or for disputes between Shops and clients.
• DynaLake's total liability for all claims relating to the Service is limited to the greater of (a) the amount you paid DynaLake for the Service in the 12 months before the claim, or (b) $100.

Some places do not allow certain limits on liability, so some of these limits may not apply to you.

14. Indemnity

You agree to defend, indemnify, and hold harmless DynaLake and its owners, employees, and agents from any claims, losses, and expenses (including reasonable attorneys' fees) that arise from your Content, your use of the Service, your violation of these Terms or the law, or, for Shops, the services you provide and your dealings with your clients.

15. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will let you know, for example through the app or by email, before the changes take effect. The "Effective date" at the top shows when these Terms were last updated. If you keep using the Service after changes take effect, you accept the updated Terms.

We may also change, add, or remove features of the Service.

16. Governing Law and Arbitration

These Terms are governed by the laws of the State of Tennessee, without regard to its conflict-of-law rules, and by the Federal Arbitration Act.

Informal resolution first. Before starting arbitration, you agree to contact us at admin@dynalake.net and give us 30 days to try to resolve the dispute informally.

Binding arbitration. Any dispute, claim, or controversy relating to these Terms or the Service that is not resolved informally will be resolved by final and binding arbitration, not in court. The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (or its Commercial Arbitration Rules for disputes with a Shop), before a single arbitrator. Unless you and DynaLake agree otherwise, the arbitration will take place in Knox County, Tennessee, or by video or written submissions. The arbitrator's decision is final, and judgment on it may be entered in any court with jurisdiction.

Individual claims only. You and DynaLake each agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any class, collective, or representative proceeding. The arbitrator may not combine more than one person's claims.

Exceptions. Either party may bring an individual claim in small claims court if it qualifies, and either party may ask a court for an injunction to protect intellectual property or stop unauthorized use of the Service. Any court proceeding allowed under this section will take place in the state or federal courts located in Knox County, Tennessee.

Jury trial waiver. By agreeing to these Terms, you and DynaLake each waive the right to a jury trial for any dispute covered by this section.

17. General

• Entire agreement. These Terms, together with our Privacy Policy and SMS Terms, are the entire agreement between you and DynaLake about the Service.
• Severability. If any part of these Terms is found unenforceable, the rest remains in effect.
• No waiver. If we do not enforce a provision, that does not mean we waive it.
• Assignment. You may not transfer your rights under these Terms without our consent. We may transfer ours as part of a merger, acquisition, or sale of assets.

18. Contact Us

If you have questions about these Terms, contact us:

DynaLake LLC
116 Agnes Rd, Ste 200
Knoxville, TN 37919
Email: admin@dynalake.net