Terms of Service

1. Definitions and scope

“Authorized User” means an employee, contractor, team member, or other person whom Customer permits to use its account.

“Booking Host” means a Customer or Authorized User who publishes availability or receives a booking through the Calendar module. “Booking Visitor” means a person who views or uses a public booking page.

“Calendar Data” includes connected-calendar identifiers, calendar lists, availability and free/busy information, event details, attendee details, time zones, booking responses, meeting links, cancellation and rescheduling information, and credentials or tokens used to maintain an authorized connection.

“Customer Data” means information, content, records, files, instructions, prompts, contacts, communications, Calendar Data, and other data submitted to or processed through the Service by or for Customer. It does not include aggregated or de-identified data that cannot reasonably identify Customer or an individual.

“Order” means an order form, online checkout, pricing selection, or other ordering document identifying a plan, fees, usage allowances, or additional terms.

“Service” means the Spacebrain websites, applications, APIs, AI and automation features, CRM, communication tools, forms, funnels, webinars, scheduling and Calendar module, integrations, and related services that Spacebrain makes available.

The Service is intended for lawful business and professional use. Account holders must be at least 18 years old and able to enter into a binding contract. These Terms apply worldwide, subject to mandatory local law that cannot lawfully be excluded.

2. Accounts and administration

2.1 Registration

You must provide accurate information, maintain current contact and billing details, and keep credentials confidential. You are responsible for activity under your account except to the extent caused by Spacebrain’s breach of these Terms. Notify [email protected] promptly of suspected unauthorized access.

2.2 Customer administrators

Customer administrators may provision and remove Authorized Users, configure permissions, access Customer Data, and control connected services. Customer is responsible for its administrators, Authorized Users, sub-accounts, and end customers and must ensure that they comply with these Terms.

2.3 Resale and white label use

Resale, agency, and white-label use is permitted only when included in an Order. Customer must enter into appropriate agreements and privacy notices with its end customers, remain responsible for their use, avoid misleading claims about Spacebrain, and impose restrictions at least as protective as these Terms. White-label rights do not transfer ownership of the Service or third-party technology.

3. Plans, fees, and billing

3.1 Free and paid plans

Features, limits, support, and pricing are described in the applicable Order or on the pricing page. Free plans may be subject to reasonable-use, security, storage, and abuse-prevention limits. A description such as “unlimited” means that no fixed ordinary-use quantity is charged within the stated plan, but does not permit automated abuse, resale not included in the plan, excessive load, or use that threatens the Service. Spacebrain will disclose material limits and any overage price before charging an overage.

3.2 Calendar attribution

Public booking pages on the Free plan display a reasonable “Powered by Spacebrain” attribution and link. Every paid plan removes this Calendar attribution automatically while paid-plan access remains active. If a cancellation or downgrade to Free takes effect, or paid-plan access otherwise ends, the attribution returns. The attribution identifies the technology provider and does not mean that Spacebrain sponsors, endorses, employs, or is affiliated with the Booking Host. Free-plan Customers may not remove or obscure the required attribution.

3.3 Subscriptions and renewals

Paid subscriptions renew automatically for successive periods of the same length unless cancelled before renewal, as disclosed at checkout or in the Order. You authorize Spacebrain and its payment processor to charge fees, applicable taxes, and disclosed usage charges. Upgrades may take effect immediately with prorated charges; downgrades and cancellations normally take effect at the end of the current billing period unless the Order says otherwise.

3.4 Taxes, refunds, and payment disputes

Fees exclude applicable sales, use, value-added, withholding, and similar taxes unless expressly stated. Fees are non-refundable except where the Order says otherwise or applicable law requires a refund. You must raise billing disputes in good faith within 60 days after the charge. Spacebrain will not impose an undisclosed mandatory fee.

4. Calendar module

4.1 Connected calendars

The Calendar module may allow a Booking Host to connect Google, Microsoft, or another calendar or meeting provider. By connecting an account, you instruct and authorize Spacebrain to access, use, create, update, and delete Calendar Data only as needed to provide the features you select. You must have authority to connect the account and should grant only the permissions required for those features. You may disconnect a provider through the Service or provider account, although disconnection may not remove events already written to an external calendar.

4.2 Availability and bookings

Booking Hosts are responsible for accurate availability, time-zone, duration, buffer, location, capacity, and event-type settings. A displayed time is not guaranteed until the Service confirms the booking. Sync delays, provider outages, stale external data, time-zone configuration, or simultaneous requests can cause conflicts. The Booking Host is responsible for reviewing its calendar and resolving duplicate, declined, or erroneous bookings.

4.3 Public booking pages

Booking Hosts control their event descriptions, questions, notices, eligibility rules, and public-page content. They must identify themselves accurately, provide any privacy notice required for their processing, collect only information reasonably necessary for the appointment, and obtain all required consents. Booking Hosts must not request health, financial-account, government-identifier, precise-location, children’s, or other sensitive information in booking questions unless expressly supported by the Service, authorized by Spacebrain in writing, and handled under a lawful compliance program.

4.4 Confirmations, reminders, and meeting links

Spacebrain may send operational confirmations, reminders, cancellations, rescheduling notices, and meeting links on behalf of a Booking Host. Customer is responsible for message content, recipient instructions, and compliance with consent, anti-spam, telemarketing, and sector-specific laws. Customer must keep promotional content separate from transactional booking communications unless it has a lawful basis and provides required opt-out mechanisms.

4.5 No emergency or regulated-service reliance

The Calendar module is not an emergency service, medical record system, legal filing system, or guaranteed attendance, dispatch, or reservation system. Do not use it where a missed, delayed, or incorrect booking could reasonably cause death, physical injury, denial of essential services, or violation of a professional duty without independent safeguards and Spacebrain’s written approval.

5. Terms for Booking Visitors

When a Booking Visitor submits a booking, the information is provided to the Booking Host and processed by Spacebrain to arrange and administer the appointment. The Booking Host determines the business purpose for the booking and is generally responsible for its own use of that information. Spacebrain’s Privacy Policy explains Spacebrain’s processing.

A Booking Visitor must provide accurate information, avoid impersonation or abusive bookings, and not interfere with a booking page or its security. The Booking Host—not Spacebrain—is responsible for the underlying appointment, professional service, eligibility decision, cancellation policy, and relationship with the Booking Visitor. A Booking Visitor should contact the Booking Host about the appointment and Spacebrain about operation of the platform or a privacy request involving Spacebrain.

6. Customer Data

6.1 Ownership and permission

As between the parties, Customer retains its rights in Customer Data. Customer grants Spacebrain and its subprocessors a non-exclusive, worldwide, limited right to host, copy, transmit, display, modify, and otherwise process Customer Data solely to provide, secure, support, and improve the Service as permitted by these Terms, the Privacy Policy, Customer’s instructions, and applicable law.

6.2 Customer responsibilities

Customer represents that it has all rights, notices, permissions, and lawful bases needed for Customer Data and its instructions. Customer is responsible for data accuracy, configuring access, responding to its data subjects, and determining whether the Service is suitable for regulated or sensitive data. Customer must not submit data subject to special legal requirements—such as protected health information, payment-card data, biometric identifiers, or children’s data—unless Spacebrain has expressly agreed in writing to support that use.

6.3 De-identified data

Spacebrain may create and use aggregated or de-identified information to operate, secure, measure, and improve the Service, provided it does not reasonably identify Customer or an individual and Spacebrain does not attempt to re-identify it except to test de-identification safeguards as permitted by law.

7. Privacy and data processing

The Privacy Policy describes how Spacebrain processes personal information for its own account, product, billing, security, and business purposes. Where Spacebrain processes personal information in Customer Data on Customer’s behalf, Customer is the controller or organization responsible for the information and Spacebrain is its processor or service provider. The Data Processing Addendum in Schedule 1 applies to that processing and is incorporated into these Terms.

Customer must not direct Spacebrain to process personal information unlawfully. If Spacebrain reasonably believes an instruction violates applicable data-protection law, it may suspend the affected processing while the parties resolve the issue.

8. AI and automated features

The Service may generate text, summaries, classifications, recommendations, schedules, or actions using probabilistic systems. Output can be incomplete, inaccurate, offensive, or unsuitable. Customer must review output and maintain meaningful human oversight before using it for legal, medical, financial, employment, housing, insurance, credit, safety, or other high-impact decisions.

Customer authorizes Spacebrain to send the minimum necessary Customer Data to configured AI providers when Customer invokes an AI feature. Spacebrain does not use Google Workspace API data to train or improve generalized AI or machine-learning models. Provider-specific terms may apply. Customer must not represent AI output as human-generated where disclosure is required or use the Service for deceptive impersonation.

9. Electronic communications

You consent to receive service, security, billing, account, and legal notices electronically. These operational notices are part of the Service and may continue while your account is active. Marketing communications are handled separately and may be withdrawn using the provided unsubscribe method.

If Customer uses the Service to call, text, email, record, transcribe, or send invitations to others, Customer must comply with applicable consent, recording, anti-spam, do-not-call, caller-identification, and marketing laws, including CASL where applicable. Spacebrain does not provide Customer’s required legal notice or consent merely by supplying a technical feature.

10. Acceptable use

You must not, and must not enable anyone to:

• violate law, privacy, intellectual-property, publicity, confidentiality, export, or sanctions obligations;
• send spam, facilitate fraud, phish, harass, threaten, discriminate unlawfully, or distribute malware;
• impersonate another person or misrepresent identity, affiliation, consent, a booking, or AI-generated content;
• probe, scan, bypass, disable, or interfere with security, authentication, tenant isolation, attribution, limits, or rate controls;
• scrape the Service, create accounts or bookings through unauthorized automation, or impose unreasonable load;
• reverse engineer or derive source code except to the limited extent the restriction is prohibited by law or an applicable open-source licence permits it;
• use the Service to develop or benchmark a competing product using non-public features or data without written permission; or
• use Customer Data, connected-account data, or personal information to train a generalized model unless all affected parties and applicable provider policies expressly permit it.

Report illegal content, abuse, or security concerns to [email protected]. Spacebrain may investigate and take proportionate action, including removing content or restricting access, and will provide notice where legally required.

11. Third-party services and open-source software

The Service interoperates with third-party services such as calendar, identity, payment, communication, meeting, analytics, hosting, and AI providers. Your use of a third-party service remains governed by its terms. Spacebrain is not responsible for a third party’s service, data, changes, suspension, or availability, but remains responsible for its own obligations under these Terms and applicable law.

The Service includes open-source components, including components that may power scheduling infrastructure. Their licences govern those components, and required copyright and licence notices will be retained in Spacebrain’s distribution or third-party notices. No third-party trademark, including Cal.com or Cal.diy branding, is licensed to Customer through these Terms.

12. Spacebrain intellectual property

Spacebrain and its licensors own the Service, documentation, designs, software, models, workflows, trademarks, and related intellectual property, excluding Customer Data and third-party open-source components. Subject to these Terms and the applicable Order, Spacebrain grants Customer a limited, non-exclusive, non-transferable, non-sublicensable right to use the Service during the subscription term for Customer’s internal business purposes and any expressly permitted agency or resale use.

If you provide feedback, you grant Spacebrain a perpetual, irrevocable, worldwide, royalty-free right to use it without identifying you or disclosing Customer Confidential Information.

13. Confidentiality and security

Each party will protect the other’s non-public information using reasonable care, use it only to perform or exercise rights under the agreement, and disclose it only to personnel and service providers who need it and are bound by confidentiality obligations. These duties do not apply to information that is public without breach, already lawfully known, independently developed, or lawfully received without restriction.

Spacebrain maintains reasonable administrative, technical, and organizational safeguards appropriate to the nature and risk of the data. No online service is completely secure. Customer is responsible for permissions, endpoint security, backups or exports available to it, and promptly revoking access that is no longer required.

14. Suspension and changes

Spacebrain may suspend affected access when reasonably necessary to prevent material harm, address a security incident, comply with law or a provider requirement, respond to non-payment, or stop a material breach. When practicable, Spacebrain will provide notice and an opportunity to cure. Spacebrain will limit a suspension to the scope and duration reasonably necessary.

Spacebrain may improve or change features. If Spacebrain materially reduces a core paid feature during a current term, it will provide reasonable notice when practicable and, where required by the Order or law, a remedy such as continued access for a transition period, a substitute feature, or termination of the affected paid service.

15. Term and termination

These Terms continue while you use the Service. Either party may terminate for a material breach not cured within 30 days after notice, or immediately if cure is impossible, law requires termination, or the other party becomes insolvent. Customer may stop using a free plan at any time and may cancel a paid plan as described in Section 3.

On termination, Customer’s right to use the Service ends. Spacebrain will delete or return Customer Data as described in Schedule 1 and the Privacy Policy, subject to legal retention, security backups, and data belonging to another controller. Sections that by nature should survive—including fees due, intellectual property, confidentiality, disclaimers, liability, indemnity, dispute terms, and Schedule 1 obligations—will survive.

16. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE, FREE FEATURES, BETA FEATURES, OUTPUT, AND THIRD-PARTY INTEGRATIONS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SPACEBRAIN DISCLAIMS IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT. SPACEBRAIN DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS; THAT A CALENDAR WILL ALWAYS BE CURRENT; THAT A BOOKING OR MESSAGE WILL BE DELIVERED; OR THAT AI OUTPUT WILL BE ACCURATE OR SUITABLE.

Nothing in these Terms excludes a warranty, condition, right, or remedy that cannot lawfully be excluded.

17. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, BUSINESS OPPORTUNITY, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY.

EXCEPT FOR EXCLUDED CLAIMS, EACH PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE AMOUNTS CUSTOMER PAID OR OWED TO SPACEBRAIN FOR THE SERVICE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. FOR A FREE SERVICE, SPACEBRAIN’S AGGREGATE LIABILITY WILL NOT EXCEED CAD $100.

“Excluded Claims” means Customer’s payment obligations; either party’s fraud, wilful misconduct, or gross negligence; Customer’s infringement or unlawful use; either party’s breach of confidentiality; or liability that applicable law does not permit to be limited. The allocation of risk in this Section is an essential basis of the agreement.

18. Indemnification

Customer will defend and indemnify Spacebrain and its personnel from third-party claims arising from Customer Data, Customer’s products or services, Customer’s communications or booking-page content, Customer’s violation of law or these Terms, or Customer’s dispute with a Booking Visitor or end customer. Spacebrain will defend and indemnify Customer from a third-party claim that the unmodified paid Service directly infringes that third party’s Canadian patent, copyright, or trademark, except to the extent caused by Customer Data, combinations not supplied by Spacebrain, third-party services, open-source components, or continued use after Spacebrain offers a non-infringing alternative.

The indemnified party must promptly notify the indemnifying party, provide reasonable cooperation, and allow it to control the defence and settlement. No settlement may admit fault or impose a non-monetary obligation on the indemnified party without consent, not to be unreasonably withheld.

19. Governing law and disputes

The laws of Alberta and the federal laws of Canada applicable there govern these Terms, without regard to conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Before filing a claim, each party will give written notice and attempt in good faith for 30 days to resolve the dispute. Subject to mandatory law and either party’s right to seek urgent injunctive relief, the courts located in Alberta have exclusive jurisdiction.

20. Changes to these Terms

Spacebrain may update these Terms to reflect new features, legal requirements, security needs, or business changes. Spacebrain will post the updated Terms and change the effective date. For a material change, Spacebrain will provide reasonable advance notice by email, in-product notice, or another appropriate method. Changes will not retroactively reduce accrued rights. Continued use after the effective date constitutes acceptance; if you do not agree, you must stop using the affected Service and may cancel before the change takes effect.

21. General

The Terms, applicable Orders, Privacy Policy, and Schedule 1 are the entire agreement regarding the Service. An Order controls over these Terms for a direct conflict, and Schedule 1 controls for a conflict about processing Customer Personal Data. Customer may not assign the agreement without Spacebrain’s consent, except to a successor in a merger or sale of substantially all relevant assets that is not a competitor and assumes the obligations. Spacebrain may assign it to an affiliate or successor.

The parties are independent contractors. There are no third-party beneficiaries except indemnified persons. Failure to enforce a term is not a waiver. If a term is unenforceable, it will be modified to the minimum extent necessary and the remainder will continue. Neither party is liable for delay caused by events beyond reasonable control, except payment obligations. Notices may be delivered electronically to the account email or to the addresses below.

22. Contact

Spacebrain Inc.
225 Railway St E., Suite #360
Cochrane, Alberta, T4C 2C3
Canada

General, legal, abuse, and security notices: [email protected]

These Terms are provided in English. A translation is for convenience unless mandatory law requires otherwise; to the extent permitted by law, the English version controls in a conflict.

Schedule 1 — Data Processing Addendum

This Data Processing Addendum (“DPA”) forms part of the Terms when Spacebrain processes personal information contained in Customer Data on Customer’s behalf (“Customer Personal Data”).

A. Roles and instructions

Customer is the controller, business, or organization responsible for Customer Personal Data. Spacebrain is Customer’s processor, service provider, or equivalent. Each party will comply with the data-protection laws applicable to its role. Spacebrain will process Customer Personal Data only to provide, secure, and support the Service; on Customer’s documented instructions, including configuration and use of the Service; or as required by law. Spacebrain will inform Customer before legally required processing unless prohibited.

B. Processing details

• Subject matter: providing the Spacebrain platform and the features Customer selects.
• Duration: the agreement term plus the limited retention and deletion period described below.
• Nature and purpose: collecting, recording, organizing, hosting, storing, retrieving, consulting, transmitting, synchronizing, creating, updating, deleting, securing, and otherwise processing data for CRM, communications, AI and automation, forms, funnels, webinars, scheduling, calendar sync, bookings, analytics supplied to Customer, support, and related features.
• Data subjects: Authorized Users, Customer personnel, customers, prospects, leads, contacts, Booking Hosts, Booking Visitors, attendees, communication recipients, form respondents, website visitors, and other individuals whose data Customer submits or directs Spacebrain to process.
• Data types: identifiers; business and contact information; account and access data; CRM records; communications and message content; call recordings and transcripts when enabled; form and funnel responses; Calendar Data; event and webinar data; meeting links; files, prompts, instructions, and other Customer content; technical, device, and usage data; and special-category or sensitive data only where expressly supported and lawfully submitted by Customer.

C. Confidentiality and security

Spacebrain will ensure that personnel authorized to process Customer Personal Data are bound by confidentiality obligations and receive appropriate privacy and security guidance. Spacebrain will maintain risk-appropriate administrative, physical, and technical measures designed to protect confidentiality, integrity, availability, and resilience, including access controls, authentication and credential controls, tenant separation, encryption in transit, secure development and change practices, logging and monitoring, backup and recovery practices, vulnerability management, incident response, and vendor diligence as appropriate to the Service.

D. Subprocessors

Customer gives general authorization for Spacebrain to use subprocessors to provide the Service. Spacebrain will contractually require each subprocessor to protect Customer Personal Data to a standard materially consistent with this DPA and remains responsible for its subprocessors to the extent required by law. Current categories include cloud hosting and storage, database and infrastructure, communications, calendar and meeting integrations, payment, analytics, observability, customer support, and AI providers selected or invoked by Customer.

Spacebrain will make a current subprocessor list available on request and will provide notice of a new subprocessor that materially affects Customer Personal Data when required by applicable law or an Order. Customer may object on reasonable data-protection grounds within 15 days. The parties will work in good faith on a commercially reasonable solution; if none is available, Customer may stop using the affected feature or terminate it without penalty.

E. Data-subject requests and compliance assistance

Taking into account the nature of processing and information available, Spacebrain will reasonably assist Customer with data-subject requests, security obligations, breach notifications, data-protection impact assessments, regulator consultations, and demonstrations of compliance. If Spacebrain receives a request concerning Customer Personal Data, it will direct the requester to Customer unless law requires Spacebrain to respond directly. Customer is responsible for responding and for verifying the requester.

F. Security incidents

Spacebrain will notify Customer without undue delay after confirming a breach of security leading to accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Customer Personal Data processed by Spacebrain. Notice will include available information reasonably needed for Customer’s obligations and Spacebrain will take reasonable steps to contain, investigate, mitigate, and remediate the incident. Notice is not an admission of fault. Unsuccessful attacks that do not compromise Customer Personal Data are not reportable under this clause.

G. Return and deletion

During the term, Customer may access or export Customer Personal Data through available Service functionality. On termination or a valid instruction, Spacebrain will delete or return Customer Personal Data within a commercially reasonable period, normally 30 days, unless law requires retention or the data remains in protected backups that are isolated from ordinary use and deleted on the backup cycle. Spacebrain may retain minimal records necessary to establish compliance, resolve disputes, prevent fraud, or enforce the agreement.

H. Audits

Spacebrain will provide information reasonably necessary to demonstrate compliance, such as relevant policies, summaries, or independent reports when available. If that information is insufficient, Customer may request one audit per year by an independent qualified auditor bound by confidentiality, on reasonable notice, during business hours, without accessing other customers’ data or unreasonably disrupting operations. Customer bears its audit costs unless the audit identifies a material breach by Spacebrain.

I. International transfers

Customer authorizes processing in Canada and other countries where Spacebrain or authorized subprocessors operate, subject to lawful transfer safeguards. Where the European Commission’s Standard Contractual Clauses adopted by Decision 2021/914 are required, they are incorporated by reference: Module Two applies to controller-to-processor transfers and Module Three to processor-to-processor transfers; the optional docking clause applies; Option 2 general subprocessor authorization applies with the notice period in Section D; the supervisory authority and courts are those determined under Clauses 13 and 18 based on the exporter’s establishment; and this DPA and the processing details above complete the relevant annexes. The parties select the law and courts of the Netherlands only where the clauses require an EU member-state selection and no exporter establishment determines one.

For restricted transfers under UK data-protection law, the UK International Data Transfer Addendum to the EU Standard Contractual Clauses is incorporated and completed using the information in this DPA. For Switzerland, references in the clauses will be read to include the Swiss Federal Act on Data Protection and the competent Swiss authority where required. If a lawful transfer mechanism changes, the parties will cooperate to implement a valid replacement.

J. Government requests and conflicts

Spacebrain will assess demands for Customer Personal Data, disclose only what it reasonably believes is legally required, and notify Customer where permitted. If this DPA conflicts with the Terms on Customer Personal Data, this DPA controls. Liability under this DPA is subject to the Terms unless applicable law prohibits that limitation.

K. United States state privacy terms

To the extent a United States state privacy law applies to Customer Personal Data, Spacebrain acts as Customer’s processor, service provider, or contractor. Spacebrain will not sell or share Customer Personal Data; retain, use, or disclose it outside the specific business purposes described in this DPA or outside the direct business relationship with Customer; or combine it with personal information received from another person or from Spacebrain’s own interaction with an individual, except as permitted by applicable law to provide the Service. Spacebrain will comply with applicable obligations, provide the same level of privacy protection required of Customer for the processing, notify Customer if it can no longer meet those obligations, and allow Customer to take reasonable and appropriate steps to help ensure compliant use and to stop and remediate unauthorized use.