Terms of service
These terms apply when you use https://calidiary.com, create a CaliDiary account, start a free trial, or buy a CaliDiary plan or service. They form a contract between you and us. Please read them with our refunds and cancellations policy, support policy, software licence, acceptable use policy and privacy policy, which are part of these terms.
The short version. The plugin code is open source (GPL). A paid plan gives you a licence key that switches on CaliDiary Pro's features, plus updates and support, for as long as you pay. Plans renew automatically until you cancel, which you can do in a few clicks. Cancel within 14 days of a payment and we refund it automatically. If a plan ends, your website keeps working on the free plan and nothing is deleted. Your bookings stay on your website and are your responsibility.
1. About us
CaliDiary is a product of Margin Solutions Ltd, a company registered in Scotland (company number SC744893). Registered office: Suite 3.10, 16 Robertson Street, Glasgow G2 8DS, United Kingdom. VAT number 426683377. Email: [email protected].
"We", "us" and "our" mean Margin Solutions Ltd. "You" means the person using CaliDiary or, if you use it for a business or organisation, that business or organisation. A consumer is an individual acting mainly outside their trade, business, craft or profession; anyone else is a business customer. Some sections apply differently to each, and say so.
2. What CaliDiary is
- CaliDiary (the free plugin) is booking software for WordPress websites. You can use it without an account or payment, for as long as you like.
- CaliDiary Pro is an add-on plugin. With a licence key for a paid plan (Solo or Pro) or a free trial, it switches on that plan's features.
- A paid plan is a subscription to our services: the licence key, CaliDiary Pro and its updates, and support. What each plan includes is shown on our pricing page when you buy.
- We also sell services, such as setup and a year of support, described on our setup and support page and in our support policy.
The software runs on your website and stores your bookings in your database. We do not host your website, and we never receive your bookings or your customers' details.
3. Your account
- You must be 18 or over to create an account.
- Give accurate details, keep your password safe, and keep your email address up to date: we send important notices about your plan to it. We strongly recommend two-step sign-in.
- You are responsible for everything done through your account. Tell us straight away at [email protected] if you think someone else has used it.
- If you create an account or buy for a business, you confirm that you are allowed to accept these terms for it.
- One person or business may hold more than one account only for a genuine reason (for example, separate businesses), not to get repeated free trials or discounts.
4. Free trials
- You can try Solo or Pro free for 14 days, with no card needed, on one website. There is one free trial per account and per website.
- At the end of the trial, nothing is charged and nothing renews by itself. Your website goes back to the free plan, and nothing you have added is deleted. You can buy a plan at any time, during or after the trial, and keep the same licence key.
5. Buying a plan or service
Prices. Prices are in US dollars and do not include VAT or sales tax, which is added at checkout where it applies, based on where you are. The checkout shows the amount in your local currency, and you can choose to pay in US dollars instead. The price you pay is the one shown at checkout.
Who sells to you. Payments are processed by Stripe. For plans and extra websites, the checkout, receipt and bank statement name Onelink, LLC (shown as Link), which sells to you as reseller of our plans. Onelink is responsible for taking your payment, charging and paying any tax, issuing receipts and invoices, and handling payment questions and disputes, under Link's terms. We remain responsible for providing CaliDiary, your licence, updates and support under these terms. Our services (setup and a year of support) are sold to you by us directly: we charge any VAT or sales tax, and Stripe sends the receipt and invoice on our behalf.
When the contract starts. Our contract with you starts when your payment is confirmed and we email you to say your plan or service is ready. We may refuse an order, for example if a payment looks fraudulent; if we do, you are not charged, or you get a full refund.
Discount codes and sales apply only on the terms shown with them (for example, which plans, for how long, and how many times). A sale takes a percentage off the first year of a plan, Pro Plus or extra websites bought while it runs (with monthly billing, the first 12 payments); after that, the full price applies. Only one discount can be used on a purchase: if you have a discount code that saves you more in the first year than a sale, we use the code instead. Discounts have no cash value.
6. Subscriptions, renewals and price changes
- Paid plans are billed monthly or yearly in advance and renew automatically at the end of each period, at the price in force for your plan, until you cancel.
- Before each renewal, Stripe emails you, with the date, the amount and how to cancel.
- Price changes. We may change our prices. A new price never applies to a period you have already paid for. It applies from your first renewal at least 30 days after we email you about it, and you can cancel or change plan before then without any charge at the new price.
- Changing plan. You can upgrade at any time; the change takes effect straight away, and the checkout shows any amount due for the rest of your current period before you confirm. A downgrade takes effect at the end of your current period.
7. Cancelling
- You can cancel at any time from your account, in a few clicks; no phone call or email is needed. If you cancel within 14 days of a payment, first or renewal, we refund that payment automatically and the plan ends straight away. Otherwise, cancelling stops the next renewal: your plan stays active until the end of the period you have paid for, and you can resume it before then.
- You can also cancel through Link (link.com), or by emailing us.
- Our refunds policy explains refunds, including how they work for our services.
8. Your right to cancel as a consumer (UK and EU)
If you are a consumer in the UK or the European Union, the law usually gives you 14 days to cancel a contract made online.
- Plans. Our money-back promise lets you cancel and get a full refund of any plan payment within 14 days, which is at least as long as the law requires. You will not lose that right by downloading CaliDiary Pro or using your licence key during that time.
- Services (such as setup). If you ask us to start a service within the 14 days, you agree that you will lose your right to cancel once the service has been fully provided, and that, if you cancel after we have started, you pay for the part already provided. Our support policy explains this for each service.
To cancel, use your account or email [email protected], saying what you want to cancel. You can use the model cancellation form if you like, but you don't have to.
9. Licence keys and websites
- Your licence key switches on your plan's features on the number of websites your plan includes (shown at checkout and in your account). Each public website address counts as one website, including subdomains and staging or temporary addresses (the same site with or without "www.", over http or https, counts once). Only a local copy that exists on your own computer or private network (such as localhost or an address ending in .local or .test) doesn't count, up to 5 per licence. You can add websites to a plan for an extra yearly fee, each purchase with its own yearly renewal date: up to 2 on Solo and 5 on Pro; on Pro Plus, at the price per website of the size you bought, up to the next size.
- If we give you a licence free of charge, it lasts for the time we tell you (for example one year, or with no end date). Nothing is charged and it does not renew; when it ends, your websites go back to the free plan and nothing is deleted.
- You can move a licence to another website at any time by freeing the old one in your account or in the plugin.
- You may use your licence on websites you build or manage for your clients, within your plan's number of websites, while you hold the licence for them.
- You must not share, sell, publish or give away your licence key, or use it on more websites than your plan includes. We may limit or cancel a key that is being misused, after telling you why.
- The software licence explains your rights to the plugin code itself (the GPL), which these terms do not restrict.
10. When a plan or trial ends
If a paid plan ends for any reason (you cancel, a payment fails after the grace period, a refund, or a trial ends):
- your website keeps working on the free plan, with all your bookings, customers and settings;
- nothing you have added is deleted: paid features pause and their settings are kept, so renewing switches them back on;
- CaliDiary Pro stops receiving updates, and support goes back to what the free plan includes.
Failed payments. If a renewal payment fails, we (or Stripe) tell you and try again. Your plan keeps working for a 14-day grace period while you update your payment details. If the payment still has not been made, the plan ends as described above.
11. Your responsibilities
You are responsible for:
- your website: its hosting, security, WordPress, themes and other plugins, and keeping regular backups (especially before updates);
- your customers' data: CaliDiary stores it on your website, so you are its controller. You must have a lawful basis for collecting it, tell your customers how you use it (CaliDiary suggests wording for your privacy policy), keep it secure and answer their requests;
- your services and your customers: the bookings, payments, prices, refunds, cancellation terms and messages you offer through CaliDiary are between you and your customers. You must follow the laws that apply to your business, including consumer, marketing, accessibility and data protection laws;
- services you connect (such as Stripe, PayPal, Mollie, calendars, video meetings or text messages): you connect them with your own accounts, under your own agreements with those providers, and pay their charges;
- using CaliDiary in line with our acceptable use policy.
12. Our services
- Some things depend on our servers: licence checks, updates, your account and support. We work to keep them available, but cannot promise they will never be interrupted, for example during maintenance or events outside our control.
- Each licence answer stays valid for 7 days, and if our servers cannot be reached, your website and your bookings keep working.
- Updates are digitally signed, and CaliDiary Pro refuses an update that does not match our signature.
13. Changes to CaliDiary
We improve CaliDiary over time, and may add, change or remove features, for example to keep up with WordPress, security or the law. We will not remove a main feature of a paid plan during a period you have already paid for. If a change we make has a significant negative effect on you, we will tell you in advance, and you can cancel and receive a refund of the unused part of your current period.
Previews and beta features, which we label as such, are optional. They may change or be withdrawn at any time, may not work perfectly, and are best tried on a test website first.
14. Our intellectual property
- The plugin code is licensed to you under the GPL, as the software licence explains.
- The CaliDiary name and logo are ours. The GPL does not give anyone the right to use them, except to refer to CaliDiary truthfully.
- Our website, documentation, images and videos belong to us, and you may not copy or republish them without our permission, except where we say otherwise or the law allows.
- If you send us ideas or feedback, we may use them freely, without owing you anything.
15. Our responsibility to you
For everyone. Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that the law does not allow us to limit or exclude.
If you are a consumer:
- we must provide CaliDiary and our services with reasonable care and skill, and digital content we supply must be as described, fit for purpose and of satisfactory quality. If it is not, you have legal rights, such as a repair, a replacement or some or all of your money back. Nothing in these terms affects your legal rights as a consumer; for more information, contact Citizens Advice or your local consumer advice service;
- if digital content we supply damages your device or other digital content because we did not use reasonable care and skill, we will repair the damage or pay you compensation;
- we are responsible for loss you suffer that is a foreseeable result of our breaking these terms or failing to use reasonable care and skill. We are not responsible for loss that was not foreseeable, and, as CaliDiary is for business use, we are not responsible for loss of profit, business or business opportunity.
If you are a business customer:
- apart from the promises in these terms, CaliDiary and our services are provided "as is", and we exclude all other warranties, conditions and terms to the extent the law allows. We do not promise that CaliDiary will be free of errors or work with every theme, plugin or hosting set-up;
- we are not liable for loss of profit, revenue, business, goodwill or anticipated savings, for loss or corruption of data (you are responsible for backups), or for any indirect or consequential loss;
- our total liability to you, for all claims in any 12-month period, is limited to the amount you paid us for CaliDiary plans and services in that period;
- you will compensate us for any claim brought against us by a third party (such as one of your customers) arising from your use of CaliDiary in breach of these terms or the law, or from your dealings with your own customers.
For everyone. We are not responsible for delays or failures caused by events outside our reasonable control, such as failures of the internet, hosting, or providers we do not control. If such an event lasts more than 30 days, either of us may end the affected plan or service, and you get a refund of anything you paid for but did not receive.
16. Suspending or ending our contract
- You can stop using CaliDiary and cancel your plans at any time. You can ask us to delete your account by emailing [email protected]; this cancels any plans on it.
- We may suspend or close an account, or cancel a licence key, if you seriously or repeatedly break these terms or the acceptable use policy, do not pay, or if the law requires it. Where it is reasonable, we will warn you first and give you a chance to put things right. If we close an account for a reason that is not your fault, we will refund the unused part of any paid period.
- If we ever stop offering CaliDiary, we will give you at least 90 days' notice and refund the unused part of any paid period. The plugins will keep working on your website, as the GPL allows.
- Your website keeps all the data it holds whatever happens to your account. Sections that by their nature should continue (such as 14, 15 and 18) survive the end of our contract.
17. Changes to these terms
We may update these terms, for example when our services, prices or the law change. The version you accepted applies to what you have already paid for. We will email account holders about important changes at least 30 days before they apply. If you do not agree, you can cancel before the change takes effect, and we will refund the unused part of any yearly plan.
18. General
- Transfer. We may transfer our rights and obligations under these terms to another organisation, for example if our business is sold; we will tell you, and your rights will not be reduced. You may transfer your plan to someone else only with our agreement, which we will not refuse unreasonably.
- No waiver. If we do not enforce a right straight away, we can still enforce it later.
- Severability. If a court decides that part of these terms is not valid, the rest still applies.
- Third parties. No one else has rights under these terms, except someone we transfer them to.
- Entire agreement. These terms, and the policies they refer to, are the whole agreement between you and us about CaliDiary. If you are a business customer, you have not relied on anything we said that is not set out in them.
- Language. These terms are written in English. If we provide a translation, the English version applies if they differ.
- Notices. We send notices to the email address of your account; you can send notices to [email protected].
19. Law and disputes
If you have a complaint, please contact us first at [email protected]: most problems can be put right quickly.
These terms are governed by Scots law, because Margin Solutions Ltd is registered in Scotland, and the courts of Scotland have jurisdiction. If you are a consumer, you also keep the protection of the mandatory laws of the country where you live, and you can bring a claim in the courts of that country (or, in the UK, in the courts of Scotland, England and Wales, or Northern Ireland, depending on where you live).
20. Contact
Questions about these terms: [email protected]. Post: Margin Solutions Ltd, Suite 3.10, 16 Robertson Street, Glasgow G2 8DS, United Kingdom.