1. Acceptance of Terms
By accessing or using the BookSpa platform (“the Service”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you may not access or use the Service. These Terms constitute a legally binding agreement between you (“you,” “your,” or “Merchant”) and BookSpa (“we,” “our,” or “us”).
2. Service Description
BookSpa is a software-as-a-service (SaaS) platform that provides spa and wellness businesses with tools for:
- Appointment booking and scheduling management
- Staff and shift management with check-in/check-out tracking
- Customer relationship management (CRM)
- Invoicing, payment recording, and daily settlement
- Retail sales and expense tracking
- Gift card management
- Analytics and reporting
- AI-powered chatbot assistance
- Email and SMS notifications
3. Account Registration
- You must be at least 18 years old and have the legal capacity to enter into a binding agreement to create an account.
- You must provide accurate, current, and complete information during registration and keep your account information updated.
- You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.
- You must notify us immediately of any unauthorized use of your account or any other security breach.
- You may not share your account credentials with third parties. Each staff member must have their own account with appropriate role-based permissions.
4. Subscription and Payment
4.1 Subscription Plans
The Service is offered on a subscription basis with tiered plans (Basic, Pro, Business, Enterprise). Each plan includes specific features, store limits, and staff limits as described on our pricing page. We may modify plan features and pricing from time to time with reasonable notice where required.
4.2 Billing and Payment
- Subscriptions are billed monthly or annually through Stripe, our third-party payment processor.
- You authorize us to charge your payment method for the subscription fees applicable to your chosen plan.
- Fees are non-refundable except as required by applicable law or as explicitly stated in these Terms.
- Free trial availability, duration, and billing start dates are shown during signup or checkout. If a trial applies, your payment method may be charged automatically after the trial unless you cancel before it ends.
4.3 Plan Changes
- Upgrades take effect immediately with prorated charges.
- Downgrades are subject to validation against current usage (store and staff counts must not exceed the target plan limits).
- After cancellation, plan access and usage limits may be adjusted according to the plan state and features available at that time.
4.4 Cancellation
- You may cancel your subscription at any time through the dashboard.
- Unless stated otherwise during checkout or cancellation, cancellation takes effect at the end of the current billing period. You retain access until that date.
- After cancellation, access may be limited, downgraded, or disabled depending on your plan status and the features available at that time.
5. Acceptable Use
You agree not to:
- Use the Service for any unlawful purpose or in violation of any applicable laws or regulations
- Use the Service to store, transmit, or process malicious code, malware, or viruses
- Attempt to gain unauthorized access to other accounts, systems, or networks
- Interfere with or disrupt the Service, its servers, or networks
- Reverse engineer, decompile, or disassemble any part of the Service
- Resell, sublicense, or commercially exploit the Service without our express permission
- Use the Service to store or process data that infringes on third-party intellectual property rights
- Use the Service to spam, harass, or abuse other users or third parties
- Exceed rate limits or engage in activities that degrade Service performance for other users
We reserve the right, at our sole discretion, to determine whether any use of the Service violates these Terms, and to take any action we deem appropriate — including suspending or terminating your account, removing content, or restricting access to features — to protect the integrity and security of the Service, the rights and safety of other users, or our legitimate business interests.
6. Data Ownership and Responsibilities
- Your Data: You retain all ownership rights to the data you input into the Service (customer records, booking information, staff data, financial records, etc.).
- License to Us: By using the Service, you grant us a limited, worldwide, royalty-free license to use, host, copy, transmit, and display your data solely as necessary to provide the Service to you.
- Data Accuracy: You are solely responsible for the accuracy, quality, and legality of the data you enter into the Service.
- Data Export: We provide export functionality where available. For bulk data export requests, please contact us.
7. Third-Party Services
The Service integrates with third-party services including Stripe (payments), Cloudinary (file storage), and AI providers (chatbot). Your use of these integrated services is subject to their respective terms and policies. We are not responsible for the content, privacy practices, or availability of third-party services.
8. Intellectual Property
- The Service and its original content (software code, design, user interface, documentation, and branding) are our exclusive property and are protected by copyright, trademark, and intellectual property laws.
- These Terms do not grant you any right, title, or interest in the Service except for the limited right to use it as described herein.
- Any feedback, suggestions, or feature requests you provide may be used by us without obligation or compensation to you.
9. Limitation of Liability
To the fullest extent permitted by applicable law:
- The Service is provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, either express or implied.
- We do not warrant that the Service will be uninterrupted, error-free, secure, or meet all of your requirements.
- We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities arising from your use of or inability to use the Service.
- Our total aggregate liability for any claims arising from the Service shall not exceed the amount you paid us in the 12 months preceding the claim.
10. Indemnification
You agree to indemnify, defend, and hold harmless BookSpa, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from:
- Your use of the Service
- Your violation of these Terms
- Your violation of any third-party rights, including intellectual property or privacy rights
- Your data and the legality of its collection, storage, and use
11. Service Availability
We strive to maintain high availability of the Service but do not guarantee uninterrupted or error-free operation. The Service depends on third-party hosting, infrastructure, and service providers — including AWS, Neon, Vercel, Stripe, Cloudinary, and others — whose availability and performance are outside our control. We are not responsible, to the fullest extent permitted by law, for outages, service degradation, or data loss caused by third-party providers, internet or telecommunications failures, or events described in Section 15 (Force Majeure), except to the extent caused by our breach of these Terms or applicable law.
We may perform scheduled maintenance with reasonable advance notice where possible, and may suspend access for emergency maintenance without notice when necessary to protect the integrity or security of the Service.
12. Termination
- By You: You may terminate your account at any time by contacting us. Your data will be retained for a limited period as described in our Privacy Policy, unless a longer period is needed for backup, legal, accounting, security, fraud prevention, or legitimate business purposes.
- By Us: We may suspend or terminate your account, or restrict access to the Service, where we reasonably determine it is necessary or appropriate to do so, including for violation of these Terms, activities that pose a risk to the Service or other users, or to comply with legal obligations. Where reasonably possible we will provide notice, but we are not required to do so. In cases of termination for cause, no refund will be provided for prepaid fees.
- Effect of Termination: Upon termination, your right to access the Service ceases. You are responsible for exporting your data before termination where export tools are available.
13. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by:
- Posting the updated Terms on this page
- Updating the “Last updated” date
- For material changes, providing notice through the Service or via email
Your continued use of the Service after changes become effective constitutes acceptance of the updated Terms. If you disagree with the changes, you must stop using the Service.
14. Governing Law and Dispute Resolution
- These Terms are governed by the laws of the Province of Ontario, Canada, without regard to conflict of law principles.
- Unless applicable law requires otherwise, disputes arising from these Terms or the Service will be brought in the courts located in Toronto, Ontario, and the parties consent to the personal jurisdiction of those courts.
15. Miscellaneous
- Entire Agreement: These Terms constitute the entire agreement between you and BookSpa regarding the Service and supersede any prior agreements.
- Severability: If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect.
- No Waiver: Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right, nor does any partial enforcement or delay in enforcement.
- Enforcement Rights: We reserve the right to interpret and enforce these Terms at our sole discretion. Our decision to not take action in one instance does not limit our right to take action in other instances, whether similar or different.
- Assignment: You may not assign your rights under these Terms without our written consent. We may assign our rights freely.
- Force Majeure: We are not liable for any delay, failure, or damage caused by events or circumstances beyond our reasonable control, including but not limited to: acts of God, natural disasters, fire, flood, earthquake, severe weather; war, terrorism, civil unrest, government actions or sanctions; epidemics or public health emergencies; power outages or telecommunications failures; internet disruptions or denial-of-service attacks; and failures, outages, or interruptions of third-party hosting, infrastructure, or service providers on which the Service depends.
16. Contact
For questions about these Terms:
- Email us at legal@getbookspa.com
- Use the feedback form within the application
- Contact your account representative