Bookwella Terms of Service

1. Eligibility and Accounts

1.1 Eligibility

You must be at least the age of majority in your jurisdiction to use the Services. By using the Services, you represent and warrant that you are legally able to enter into a binding agreement.

1.2 Business Authority

If you use the Services on behalf of a business or other entity, you represent and warrant that you have authority to bind that business or entity to these Terms.

1.3 Account Registration

You may need to create an account to access certain features. You agree to provide accurate, current, and complete information and to keep it updated.

1.4 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us promptly if you suspect unauthorized access or use.

We reserve the right to suspend, reclaim, or require changes to usernames, account identifiers, or account access where reasonably necessary.

3. Use of the Services

You may use the Services only for lawful purposes and only in accordance with these Terms.

You agree not to:

• use the Services in violation of any applicable law
• access or use another user’s account without authorization
• interfere with, disrupt, or impair the Services
• reverse engineer, decompile, scrape, or attempt to extract source code or underlying data, except as permitted by law
• upload malware, harmful code, or deceptive content
• use the Services to send spam or unauthorized communications
• misuse customer data, staff data, or other personal information
• use the Services for fraudulent, abusive, or misleading purposes
• resell, sublicense, or commercially exploit the Services except as expressly authorized by us

We may suspend or terminate access to the Services if we reasonably believe you have violated these Terms or created risk for Bookwella, other users, or third parties.

4. Business Data and Customer Data

Businesses using Bookwella may upload or manage information relating to their customers, staff, services, appointments, and operations.

As between Bookwella and the business user:

• the business remains responsible for the lawfulness, accuracy, and rights associated with the data it provides
• Bookwella processes certain business and customer data to provide the Services
• businesses are responsible for their own notices, consents, and policies where required by law

You represent and warrant that you have all necessary rights and permissions to provide any data you submit through the Services.

5. Bookings, Appointments, and Cancellations

Bookwella may provide tools that allow businesses to accept appointments, send confirmations, reminders, review requests, and retention messages.

Bookwella does not guarantee:

• appointment availability
• the accuracy of a business’s calendar
• that an appointment will be honored by the business
• the quality, legality, safety, or suitability of services offered by any business using the platform

Businesses are responsible for setting and enforcing their own appointment, cancellation, no-show, refund, and service policies.

If you are a business using Bookwella, you are solely responsible for communicating your cancellation and no-show rules to your customers and for handling service-related disputes.

6. Billing, Subscriptions, and Payments

Certain Bookwella features may require payment of subscription fees or other charges.

6.1 Billing Provider

Bookwella uses Stripe as a third-party payment processor for billing and subscription transactions. By purchasing a paid plan, you authorize Bookwella and its payment processor to charge the payment method you provide for applicable fees.

6.2 Subscription Terms

If you enroll in a subscription plan, you agree to pay the recurring fees associated with that plan unless and until you cancel in accordance with the applicable terms.

Unless otherwise stated, subscriptions renew automatically at the end of each billing cycle.

6.3 Free Trials

Bookwella may offer free trials. At the end of a free trial, your account may convert to a paid plan if stated during signup or activation, unless cancelled beforehand.

6.4 Failed Payments

If a payment fails, Bookwella may retry payment, suspend certain features, downgrade access, or terminate the account, subject to applicable law and our policies.

6.5 Taxes

You are responsible for applicable taxes, duties, or governmental charges associated with your use of paid Services, except taxes based on Bookwella’s net income.

7. Communications and Messaging

Bookwella may send transactional and operational communications, including:

• account notifications
• onboarding and setup messages
• billing notices
• booking confirmations
• appointment reminders
• review requests
• retention or reactivation messages
• support and product communications

Bookwella uses Twilio and possibly other third-party providers to support SMS delivery.

You agree that:

• communications may be sent using the contact details you or your business provide
• message delivery depends on carriers, networks, recipient devices, and third-party systems
• Bookwella does not guarantee delivery, timing, or receipt of SMS or email messages

Message and data rates may apply for SMS communications.

You are responsible for obtaining any legally required consent from your customers or contacts before sending them marketing or promotional communications through Bookwella.

10. User Content

You may be able to upload or submit content through the Services, including business information, photos, service descriptions, messages, reviews, or other materials (“User Content”).

You retain your rights in your User Content, but you grant Bookwella a non-exclusive, worldwide, royalty-free license to host, use, copy, reproduce, modify, display, and process that User Content as necessary to operate, improve, market, and support the Services.

You are solely responsible for your User Content and represent that:

• you own it or have permission to use it
• it does not violate any law or third-party rights
• it is not fraudulent, misleading, abusive, defamatory, or harmful

We may remove or restrict User Content at our discretion.

13. Termination

You may stop using the Services at any time.

Bookwella may suspend or terminate your access to the Services at any time, including if:

• you violate these Terms
• you fail to pay amounts owed
• your use creates legal, security, or operational risk
• required by law
• we discontinue the Services or a portion of them

Upon termination, your right to use the Services ends immediately. Sections that by their nature should survive termination will survive, including provisions relating to payment obligations, intellectual property, disclaimers, limitation of liability, dispute resolution, and indemnification.

14. Disclaimers

To the fullest extent permitted by law, the Services are provided “as is” and “as available.”

Bookwella disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranty arising from course of dealing or usage of trade.

We do not warrant that:

• the Services will be uninterrupted, secure, or error-free
• the Services will meet your requirements
• any data will be accurate, complete, or current
• messages, reminders, or bookings will always be delivered, recorded, or processed successfully

15. Limitation of Liability

To the fullest extent permitted by law:

• Bookwella will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenue, goodwill, data, or business opportunity
• Bookwella’s total liability for any claim arising out of or relating to the Services or these Terms will not exceed the greater of:
  • the amount you paid to Bookwella in the 12 months before the claim arose, or
  • CAD $100

Nothing in these Terms excludes liability that cannot be excluded under applicable law.

16. Indemnification

You agree to indemnify, defend, and hold harmless Bookwella and its affiliates, officers, directors, employees, contractors, and agents from and against claims, losses, liabilities, damages, costs, and expenses, including reasonable legal fees, arising out of or related to:

• your use of the Services
• your User Content
• your violation of these Terms
• your violation of any law or third-party rights
• your business operations, services, appointments, cancellations, communications, or customer disputes