Terms of Service

"Business" means a company or individual that registers for a Bookatu account to offer booking services to its own clients. "Client" means a person who books an appointment through a Business page on the platform. "Platform" means the software, APIs and infrastructure operated by Bookatu. References to "you" or "your" refer to the Business entering into these Terms.

To access the platform, you must register for an account. You agree to provide accurate, complete and current information and to keep it updated. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.

You must be at least 18 years old and have the authority to bind your business to these Terms. Accounts may not be transferred to a third party without our prior written consent.

You agree not to:

• Use the platform for any unlawful purpose or in violation of any applicable law or regulation.
• Upload, transmit or store any content that is defamatory, obscene, fraudulent, or that infringes any intellectual property, privacy or other rights.
• Attempt to gain unauthorised access to any part of the platform or to another Business’s data.
• Use automated tools (bots, scrapers, crawlers) against the platform without our express written permission.
• Resell or sublicense access to the platform without our express written permission.
• Send marketing emails to Clients without a valid legal basis (such as prior explicit consent) or in breach of applicable anti-spam law (including CAN-SPAM and GDPR).

Your responsibilities as Data Controller. When you collect or upload personal information about your Clients (names, contact details, booking history and so on), you are acting as the data controller of that information under applicable data protection law. You are solely responsible for:

• Having a lawful basis for collecting and processing your Clients’ personal data.
• Providing your Clients with a privacy notice that accurately describes how you and Bookatu (as your processor) handle their data.
• Obtaining valid consent for marketing emails before using the Bookatu marketing features.
• Responding to data subject rights requests from your Clients, with our assistance where required.
• Complying with all applicable data protection, privacy and anti-spam laws in your jurisdiction.

Bookatu as Data Processor. Bookatuprocesses your Clients’ personal data only on your documented instructions and in accordance with a Data Processing Agreement, which forms part of these Terms by reference and is available on request. We implement appropriate technical and organisational security measures and will notify you without undue delay of any data breach affecting your Clients’ data.

Bookatu offers subscription plans as described on the pricing page. By subscribing, you authorise us to charge the applicable fees to your payment method on a recurring basis (monthly or annually, depending on your plan).

All fees are exclusive of applicable taxes. You are responsible for any taxes arising from your use of the Service. Prices may change with reasonable notice; continued use after a price change constitutes acceptance.

Refunds. Subscription fees are generally non-refundable except where required by applicable law or as stated on the pricing page. If you cancel, your access continues until the end of the billing period.

Free trial. If we offer a free trial, you will not be charged until the trial ends. You may cancel at any time during the trial without charge.

The platform allows you to collect booking deposits from your Clients using your own connected Stripe account. You are solely responsible for:

• Setting up and maintaining your Stripe account in compliance with Stripe’s terms.
• Setting appropriate deposit amounts and cancellation policies and communicating them clearly to your Clients.
• Issuing refunds to Clients in accordance with your stated policy and any applicable consumer protection law.
• Remitting any applicable taxes on payments you collect from your Clients.

Bookatu does not hold, process or guarantee Client payments and is not a party to any transaction between you and your Clients.

Bookatu and its licensors retain all intellectual property rights in the platform, including software, branding, design and documentation. You retain ownership of your business data and any content you upload.

You grant us a limited licence to host, process and display your content for the purpose of providing the Service. We do not claim any ownership over your data.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

We do not verify the accuracy of information provided by Businesses or their Clients and are not responsible for any content uploaded by users of the platform.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BOOKATU BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO US IN THE THREE MONTHS PRECEDING THE CLAIM, OR (B) [CURRENCY][AMOUNT].

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for consequential or incidental damages. In such jurisdictions our liability is limited to the greatest extent permitted by law.

You agree to indemnify, defend and hold harmless Bookatu and its officers, directors, employees and agents from and against any claims, liabilities, damages, losses and expenses (including reasonable legal fees) arising out of: (a) your use of the Service; (b) your violation of these Terms; (c) your breach of any data protection or privacy obligation owed to your Clients; or (d) any claim by a Client arising from your use of the platform.

You may cancel your account at any time through your account settings or by contacting us at hello@bookatu.com.

We may suspend or terminate your account immediately if you breach these Terms, if payment is overdue, or if we are required to do so by law. We may also discontinue the Service with reasonable notice, in which case we will refund any prepaid subscription fees on a pro-rata basis.

Upon termination, your right to access the platform ceases. We will retain or delete your data in accordance with our Privacy Policy and any data processing agreement in place.

These Terms are governed by the laws of [Country], without regard to its conflict of law principles. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of [Country / City].

Before initiating legal proceedings, you agree to contact us at hello@bookatu.com to attempt to resolve any dispute in good faith.

We may update these Terms from time to time. We will notify you of material changes by email or through an in-platform notice at least 14 days before the changes take effect. Continued use of the Service after the effective date constitutes your acceptance of the updated Terms.

• Entire agreement: These Terms, together with the Privacy Policy and any applicable Data Processing Agreement, constitute the entire agreement between you and Bookatu regarding the Service.
• Severability: If any provision is found to be unenforceable, the remaining provisions continue in full force.
• No waiver: Failure to enforce any provision of these Terms is not a waiver of the right to enforce it later.
• Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition or sale of our business.

If you have questions about these Terms, please contact us: