Terms of Service

Last updated: January 30, 2025

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Seed Logic, LLC ("Company," "we," "us," or "our") governing your access to and use of BookerKit, including our website, applications, and services (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service. If you are using the Service on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms.

2. Eligibility

You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms.

3. Account Registration

To use certain features of the Service, you must register for an account. When you register, you agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information to keep it accurate
• Maintain the security and confidentiality of your login credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate your account if any information provided is inaccurate, outdated, or incomplete.

4. Description of Service

BookerKit provides a booking widget optimization platform that integrates with Zenoti to enable businesses to capture bookings and leads through embeddable booking widgets. The Service includes:

• Customizable booking widgets for your website
• Integration with Zenoti booking systems
• Analytics and reporting dashboards
• Lead capture and abandoned booking recovery
• Webhook integrations for third-party services
• Multi-user team management

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time with reasonable notice.

5. Subscription and Payment

5.1 Subscription Plans

Access to the Service requires a paid subscription after any applicable free trial period. Current pricing is available on our website. We may change our pricing with 30 days' notice to existing subscribers.

5.2 Free Trial

We may offer a free trial period for new accounts. At the end of the trial period, you will be automatically enrolled in a paid subscription unless you cancel before the trial ends.

5.3 Billing

Subscription fees are billed in advance on a monthly basis. All fees are non-refundable except as expressly set forth in these Terms. We use Stripe to process payments. By providing payment information, you authorize us to charge your payment method for all fees incurred.

5.4 Failed Payments

If a payment fails, we will attempt to collect payment again and notify you. If payment is not received within seven (7) days after the due date, we may suspend or terminate your access to the Service.

5.5 Cancellation

You may cancel your subscription at any time through your account dashboard. Cancellation will take effect at the end of your current billing period. You will retain access to the Service until the end of the paid period.

6. User Responsibilities

You agree that you will:

• Use the Service only for lawful purposes and in accordance with these Terms
• Comply with all applicable laws and regulations, including privacy and data protection laws
• Obtain all necessary consents from your end users (guests) before collecting their data through the Service
• Maintain appropriate privacy policies and terms of service for your own business
• Ensure your Zenoti API credentials are kept secure and are used in accordance with Zenoti's terms

7. Prohibited Conduct

You agree not to:

• Use the Service for any illegal purpose or in violation of any laws
• Violate or attempt to circumvent any security features of the Service
• Interfere with or disrupt the Service or servers connected to the Service
• Attempt to gain unauthorized access to any portion of the Service
• Use automated means (bots, scrapers, etc.) to access the Service without our permission
• Reverse engineer, decompile, or disassemble any aspect of the Service
• Resell, sublicense, or distribute the Service without our authorization
• Use the Service to send spam, phishing, or other unsolicited communications
• Transmit any malware, viruses, or other malicious code
• Collect personal information of other users without their consent
• Impersonate any person or entity or misrepresent your affiliation

8. Intellectual Property Rights

8.1 Our Rights

The Service and its original content, features, and functionality are owned by Seed Logic, LLC and are protected by copyright, trademark, and other intellectual property laws. Our trademarks, logos, and service marks may not be used without our prior written consent.

8.2 Your Content

You retain ownership of any content, data, or materials you upload to the Service ("Your Content"). By uploading Your Content, you grant us a non-exclusive, worldwide, royalty-free license to use, store, and process Your Content solely to provide the Service to you.

8.3 Feedback

Any feedback, suggestions, or ideas you provide about the Service may be used by us without any obligation to you.

9. Third-Party Services

The Service integrates with third-party services, including Zenoti, Stripe, and others. Your use of these third-party services is subject to their respective terms and privacy policies. We are not responsible for the practices of any third-party services.

You are responsible for maintaining your relationship with Zenoti and ensuring your use of the Service complies with Zenoti's terms of service.

10. Data Processing

When you use the Service to collect data from your end users (guests), we act as a data processor on your behalf, and you act as the data controller. You are responsible for:

• Obtaining appropriate consent from your end users for data collection
• Providing appropriate privacy notices to your end users
• Responding to data subject requests from your end users
• Ensuring your use of guest data complies with applicable laws

Our handling of personal data is described in our Privacy Policy.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.

We do not warrant that:

• The Service will be uninterrupted, timely, secure, or error-free
• The results obtained from the Service will be accurate or reliable
• Any errors in the Service will be corrected
• The Service will meet your specific requirements

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SEED LOGIC, LLC, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of (or inability to access or use) the Service
• Any conduct or content of any third party on the Service
• Any content obtained from the Service
• Unauthorized access, use, or alteration of your transmissions or content

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO US DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.

13. Indemnification

You agree to indemnify, defend, and hold harmless Seed Logic, LLC and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your Content or data you process through the Service
• Any claim by your end users related to your use of the Service

14. Dispute Resolution and Arbitration

14.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to contact us at support@bookerkit.com to attempt to resolve the dispute informally. We will attempt to resolve disputes within thirty (30) days.

14.2 Binding Arbitration

If we cannot resolve a dispute informally, you and we agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules.

The arbitration shall be conducted in the English language and held in Delaware, United States, or at another mutually agreed location. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

14.3 Class Action Waiver

YOU AND WE AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive any right to participate in a class action lawsuit or class-wide arbitration.

14.4 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Subject to the arbitration agreement above, any legal action or proceeding arising under these Terms shall be brought exclusively in the courts located in Delaware, and you consent to personal jurisdiction and venue in such courts.

16. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

You may terminate your account at any time by canceling your subscription and contacting us to request account deletion.

17. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last updated" date. For significant changes, we will provide additional notice (such as email notification).

Your continued use of the Service after any changes constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service.

18. General Provisions

18.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements and understandings.

18.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

18.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

18.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

18.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, government actions, or internet or telecommunications failures.

19. Contact Information

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

Seed Logic, LLC
Email: support@bookerkit.com