Terms of Service

These Terms of Service ("Terms") govern your access to and use of the ClinicPro software and services ("Service"), provided by Divan Group ("ClinicPro", "we", "us", or "our"). By creating an account, accessing, or using the Service, you agree to be bound by these Terms.

1. Acceptance of Terms

By continuing to access or use the Service, you confirm that you have read, understood, and agree to these Terms. If you are using the Service on behalf of a clinic, business, or other entity, you represent that you have authority to bind that entity to these Terms. If you do not agree, do not use the Service.

2. The Service

ClinicPro provides a clinic management platform including online booking, client records, scheduling, payments, marketing, inventory, and related operational tools. Specific features available to you depend on the subscription plan you select.

3. Account, Credentials & Accuracy

You must provide accurate, current, and complete information when registering and keep it up to date.
You are responsible for maintaining the confidentiality of your credentials and for all activity under your account.
Notify us promptly of any unauthorized access or suspected security breach.

4. Acceptable Use

You agree not to misuse the Service. In particular, you must not:

Use the Service for any unlawful, fraudulent, or deceptive purpose;
Send spam or unsolicited communications, or violate anti-spam laws;
Infringe the intellectual property, privacy, or other rights of any third party;
Upload malware, probe or scan the Service's vulnerabilities, or interfere with its security;
Scrape, harvest, or extract data from the Service by automated means without our written consent;
Reverse engineer, decompile, or attempt to derive the source code of the Service;
Resell, sublicense, or redistribute the Service without our written consent.

5. License

Subject to your compliance with these Terms and timely payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service for your internal business purposes during your subscription.

6. Intellectual Property

Divan Group owns and retains all right, title, and interest in and to the Service, including all software, designs, documentation, trademarks, and any improvements or derivative works. No rights are granted to you other than the limited license expressly stated in these Terms.

7. Customer Data

You retain ownership of the data you and your clients submit to the Service ("Customer Data"). You grant us a limited, worldwide license to host, process, transmit, and display Customer Data solely to provide and improve the Service and as described in our Privacy Notice.

8. Payments, Subscriptions & Merchant of Record

Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns. Payment, billing, taxes, currency conversion, chargebacks, cancellations, and refund mechanics are governed by Paddle's Buyer Terms.

Subscriptions renew automatically at the end of each billing period unless cancelled.
Fees are charged in advance for each billing period (monthly or annual, as selected).
Upgrades take effect immediately with prorated billing; downgrades take effect at the end of the current billing period.
You can cancel at any time; access continues until the end of your paid period.

For our refund terms, see our Refund Policy.

9. Service Availability

We strive to keep the Service available, but we do not guarantee uninterrupted, timely, secure, or error-free operation. Maintenance, updates, and circumstances outside our reasonable control may affect availability.

10. Suspension & Termination

We may suspend or terminate your access to the Service if:

You materially breach these Terms;
Payment is overdue or fails;
Your use creates a security, legal, or fraud risk to us or other users;
You repeatedly or seriously violate our policies or applicable law.

On termination, your right to use the Service ends. We will make Customer Data available for export for a reasonable period (typically 30 days) before deletion in accordance with our retention practices.

11. Warranty Disclaimer

To the fullest extent permitted by law, the Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.

12. Limitation of Liability

To the fullest extent permitted by law, our aggregate liability arising out of or related to the Service is limited to the fees you paid to us in the twelve (12) months preceding the event giving rise to the claim. We will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill. Nothing in these Terms limits liability for fraud, death, or personal injury where such limitation is prohibited by law.

13. Indemnification

You agree to indemnify and hold harmless Divan Group from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising from your Customer Data, your unlawful use of the Service, or your breach of these Terms.

14. Governing Law & Disputes

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-laws principles. The courts located in Toronto, Ontario will have exclusive jurisdiction over any dispute arising out of or related to these Terms.

15. Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets.

16. Force Majeure

Neither party is liable for any failure or delay in performance caused by events beyond reasonable control, including natural disasters, war, terrorism, civil unrest, labor disputes, internet or utility outages, or governmental action.

17. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated by email or in-app notice. Continued use of the Service after changes take effect constitutes acceptance.