Effective Date: July 20, 2026 · Operated by Nihnyx LLC, doing business as ApptGuard
1. Acceptance of Terms
These Terms of Service ("Terms") form a binding agreement between you ("you," "your," or "Customer") and Nihnyx LLC, doing business as ApptGuard ("ApptGuard," "we," "us," or "our"). By creating an account, accessing, or using ApptGuard, you agree to these Terms. If you don't agree, do not use the service.
If you're using ApptGuard on behalf of a business, you represent that you have authority to bind that business to these Terms, and "you" refers to that business as well as you individually.
2. Description of Service
ApptGuard is a software platform that helps service businesses manage appointments, send SMS reminders to their clients, create invoices and quotes, manage staff, and related scheduling and client-communication functions. Features available to you depend on your subscription plan.
3. Accounts & Eligibility
You must provide accurate registration information and keep your account credentials confidential. You are responsible for all activity that occurs under your account, including actions taken by employees or staff you invite. You must be at least 18 years old to create an account.
Notify us immediately at [email protected] if you suspect unauthorized access to your account.
4. Subscription, Billing & Cancellation
Paid plans are billed in advance on a monthly, quarterly, or annual basis, depending on the billing period you select. Subscriptions renew automatically at the end of each billing period unless cancelled beforehand. You can cancel at any time from your account settings; cancellation takes effect at the end of your current billing period, and you retain access until then.
Fees are non-refundable except where required by law. Usage that exceeds your plan's included limits (such as SMS volume) may be billed as overage at the rate disclosed on our pricing page at the time of use. We may change our pricing with notice; continued use after a price change takes effect constitutes acceptance of the new pricing for your next billing cycle.
The Free plan is provided at no cost, subject to the usage limits described on our pricing page, and may be modified or discontinued at our discretion with reasonable notice.
5. Your Data & Your Clients' Data
You retain ownership of the data you and your clients submit through ApptGuard, including client names, contact information, appointment details, and communications ("Customer Data"). We process Customer Data solely to provide the service to you, in accordance with our Privacy Policy.
You are responsible for your clients' data and for obtaining any consent required to collect and use it — including consent to receive SMS reminders, as described in our SMS Consent & Messaging Policy. ApptGuard provides the tools; you are responsible for using them lawfully with respect to your own clients, including compliance with TCPA, A2P 10DLC carrier requirements, and any state or local laws that apply to your business.
6. Acceptable Use
You agree not to use ApptGuard to:
- Send messages to recipients who haven't consented to receive them, or continue messaging someone after they've opted out
- Send unlawful, harassing, deceptive, or unsolicited marketing content via the messaging features
- Attempt to access another business's account or data without authorization
- Interfere with or disrupt the service, attempt to bypass usage limits, or reverse-engineer the platform
- Use the service to collect or process data unlawfully, or in a way that violates applicable data protection law
We may suspend or terminate accounts that violate this section, including where necessary to comply with our SMS carrier or payment processor requirements.
7. Third-Party Services
ApptGuard relies on third-party providers to deliver parts of the service — including SMS/MMS delivery (Twilio) and payment processing (Stripe). Your use of these features is also subject to those providers' terms where applicable. We are not responsible for outages or failures caused by third-party providers, though we'll make reasonable efforts to notify you of known service disruptions.
8. Intellectual Property
ApptGuard and its underlying software, design, and branding are owned by Nihnyx LLC. These Terms grant you a limited, non-exclusive, non-transferable right to use the service for your business's internal operations — they don't grant you any ownership interest in the platform itself.
9. Disclaimer of Warranties
ApptGuard is provided "as is" and "as available." To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee the service will be uninterrupted, error-free, or that message delivery (SMS/MMS) will succeed in every case, since delivery depends on third-party carriers outside our control.
10. Limitation of Liability
To the fullest extent permitted by law, Nihnyx LLC and its officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, or lost business opportunities, arising from your use of ApptGuard — even if advised of the possibility of such damages.
Our total aggregate liability for any claim arising from these Terms or your use of the service will not exceed the amount you paid us in the 12 months preceding the claim.
Some jurisdictions don't allow certain limitations of liability, so some of the above limitations may not apply to you.
11. Indemnification
You agree to indemnify and hold Nihnyx LLC harmless from any claims, damages, or expenses (including reasonable attorneys' fees) arising from your use of the service, your violation of these Terms, or your violation of any law or third-party right — including claims related to messages sent to your clients without proper consent.
12. Termination
You may stop using ApptGuard and cancel your account at any time. We may suspend or terminate your access if you violate these Terms, fail to pay applicable fees, or if required by law or a third-party provider (such as our SMS carrier). Upon termination, your right to use the service ends, though certain provisions of these Terms (including Sections 9–11) survive termination.
13. Changes to These Terms
We may update these Terms from time to time. We'll post the revised Terms on this page with an updated effective date. Material changes will be communicated by email or through the platform. Continued use of ApptGuard after changes take effect constitutes acceptance of the updated Terms.
14. Governing Law
These Terms are governed by the laws of the State of South Carolina, without regard to conflict-of-law principles, unless otherwise required by applicable law in your jurisdiction.
15. Contact
Nihnyx LLC
Columbia, SC — United States
[email protected]