Terms of Service

1. The agreement

These Terms of Service (the "Terms") are a binding agreement between [Registered company name] ("Bookessa", "we", "us") and the person or entity that creates an account ("you", "Customer").

By creating an account, ticking the acceptance box at checkout, or using the service, you confirm that you have read and agree to these Terms and to our Privacy Policy. If you are agreeing on behalf of a company, you confirm you have authority to bind it.

2. Definitions

• Service — the Bookessa web application, the booking pages it generates, its APIs and any related features we make available.
• Workspace — the account environment holding your services, availability, bookings and settings.
• Booking Page — the public page through which your customers make appointments with you.
• End Customer — a person who books an appointment with you through the Service.
• Customer Data — all data you or your End Customers submit to the Service, including booking records and workspace configuration.
• Subscription Term — the recurring monthly period for which you have paid.

3. Eligibility and accounts

You must be at least 18 years old and legally able to enter into a contract. You must provide accurate registration details and keep them current — particularly your billing email, which we use for invoices and essential notices.

You are responsible for all activity under your account and for keeping your credentials confidential. Tell us promptly at hello@bookessa.com if you suspect unauthorised access. We are not liable for losses arising from your failure to safeguard credentials, but we will help you regain control and limit damage.

One account is intended for one business. You may add staff members where your plan allows. You may not share a single login among people who should have separate access.

4. What Bookessa provides

We provide software that lets you publish a booking page, define services and availability, accept appointments, and manage the resulting schedule. Depending on your plan, we also provide an AI booking assistant and additional configuration controls.

We provide the Service on a subscription basis. We grant you a non-exclusive, non-transferable, revocable right to use it for your own business during your subscription. We do not sell you the software, and no rights are granted beyond those set out here.

We are not a party to your appointments. The agreement to provide a service to an End Customer is between you and them. We do not take payment for your appointments, we do not charge booking commission, and we are not responsible for the services you deliver, your pricing, your cancellation policy or any dispute with an End Customer.

5. Free trial

New workspaces are eligible for a 14-day free trial of the plan selected at checkout. The trial begins when you complete checkout and publish your booking page.

• A valid payment method is required to start the trial. Nothing is charged during it.
• We show the exact date of your first charge before you confirm, in your workspace, and in the confirmation email.
• Cancel at any time before that date and you will not be charged.
• If you do not cancel, your subscription begins automatically on that date at the plan price then displayed.
• One trial per business. We may decline a trial where we reasonably believe the eligibility rules are being circumvented.
• If a payment method is missing or invalid when the trial ends, the subscription does not start and the booking page is unpublished.

6. Plans, pricing and taxes

We offer the following monthly plans. Prices are in euro and exclude VAT.

Taxes. Prices exclude VAT and any other applicable tax, which is added at checkout based on your billing country. If you supply a valid VAT identification number for a business in another EU member state, the reverse charge applies and VAT is not added. You are responsible for the accuracy of any tax number you provide.

Third-party costs. If you accept online payments from End Customers, your payment provider's processing fees are separate and are charged to you by them, not by us.

Price changes. We may change plan prices on at least 30 days' notice by email. A change takes effect at your next renewal. If you do not accept it, you may cancel before that renewal and will not be charged the new price.

7. Billing and renewal

Subscriptions are billed monthly in advance and renew automatically until cancelled. Payment is taken with the method on file via our payment processor, Stripe.

An invoice is issued for every charge, using the billing details you provide. Keep those details accurate — you are responsible for their correctness on invoices issued to you.

Failed payments. If a payment fails, we will retry over a short period and notify you. If it remains unpaid, we may suspend the Service and unpublish your booking page until the balance is settled. We will always attempt to reach you before suspending.

Disputes. If you believe an invoice is wrong, contact us within 60 days of it being issued and we will investigate promptly and correct any error.

8. Cancellation and refunds

You may cancel at any time from the billing portal in your workspace. Cancellation takes effect at the end of the current paid period. Your booking page stays live and your data remains accessible until then.

Because subscriptions are billed in advance for a period you can use in full, we do not provide pro-rata refunds for a partly used month, except where:

• the law of your country requires a refund;
• we materially failed to provide the Service and could not remedy it within a reasonable time; or
• you were charged in error — in which case we refund the incorrect amount in full.

Your data after cancellation. You can export your booking data at any time while your account is open. After cancellation we retain your workspace for 30 days so you can reactivate or export, then delete it in line with our retention schedule. Invoices are kept longer where tax law requires.

9. Your obligations

When you use Bookessa, you agree to:

• provide accurate information about your business, services and prices on your booking page;
• honour appointments accepted through the Service, or handle changes and cancellations fairly and promptly;
• publish your own cancellation, refund and privacy terms to your End Customers where the law requires;
• hold any licence, registration, insurance or qualification your trade requires;
• comply with consumer protection, data protection and tax law applicable to your business;
• keep your billing and contact details current.

10. Acceptable use

You must not, and must not permit anyone else to:

• use the Service for anything unlawful, fraudulent, deceptive or harmful;
• offer goods or services that are illegal where you operate, or that promote violence, hate, harassment or the sexual exploitation of any person;
• upload malware, or attempt to gain unauthorised access to the Service, other workspaces or any underlying infrastructure;
• probe, scan or test the vulnerability of the Service without our prior written consent, or defeat any security or rate limit;
• scrape, crawl or harvest data from the Service by automated means beyond any documented API, or resell access to it;
• send unsolicited marketing through the Service, or use booking notifications to distribute unrelated promotional content;
• impersonate another business or person, or misrepresent your affiliation;
• copy, decompile or reverse engineer the Service, except to the extent that restriction is prohibited by law;
• place a load on the Service that materially degrades it for others.

Reporting. If you find a security vulnerability, please report it to hello@bookessa.com before disclosing it publicly. We will not pursue legal action over good-faith research that follows this process and does not access or destroy other customers' data.

11. Your customers and bookings

You own your relationship with your End Customers. You decide what information to collect at booking, and you are responsible for handling it lawfully.

We send booking confirmations, reminders and change notices on your behalf. These are transactional messages, sent because an End Customer asked to make a booking with you. You must not use them to send marketing.

You are the controller of booking data and we are your processor. You must have a lawful basis for collecting it, provide your End Customers with any privacy information they are due, and answer their data protection requests. See Data protection.

12. The AI booking assistant

Premium and Pro plans include an AI assistant that answers questions and takes bookings in conversation.

• It answers from the content you approve. You are responsible for the accuracy of that content.
• AI output can be wrong. You should review your assistant's configuration and monitor its conversations. We do not warrant that every reply is accurate or suitable.
• Bookings the assistant makes are confirmed against your real availability and appear in your schedule like any other. You may change or cancel them under your own policy.
• Use is subject to fair-use limits reflecting normal business volume. There are no per-message charges or automatic overage fees; if usage becomes unusually high, we will contact you before making any change.
• We do not use your conversations to train models serving other businesses.

13. Data protection

Each party will comply with applicable data protection law. Our handling of personal data is described in the Privacy Policy, which forms part of these Terms.

For booking data and other Customer Data, you are the controller and we are the processor. In that capacity we will:

• process Customer Data only on your documented instructions, including for international transfers, unless the law requires otherwise;
• ensure personnel with access are bound by confidentiality;
• apply appropriate technical and organisational measures under Article 32 of the GDPR;
• engage sub-processors only under written terms no less protective than these, and remain liable for their performance;
• give you at least 30 days' notice of a new sub-processor, so you can object;
• assist you, taking account of the nature of processing, with data subject requests and with your obligations under Articles 32 to 36;
• notify you without undue delay on becoming aware of a personal data breach affecting Customer Data;
• delete or return Customer Data at the end of the agreement, in line with the retention schedule;
• make available the information needed to demonstrate compliance and allow for audits on reasonable notice.

The subject matter is the provision of the Service; the duration is the term of your subscription; the nature and purpose is hosting and processing bookings on your behalf; the data subjects are you, your staff and your End Customers; and the categories of data are those described in the Privacy Policy.

14. Intellectual property

Ours. The Service, its software, design, brand and documentation belong to us and our licensors. Nothing here transfers ownership. You may not use our name or logo without our written permission, except to state factually that you use Bookessa.

Yours. You keep all rights in your Customer Data, business name, logo and booking page content. You grant us a limited, worldwide, non-exclusive, royalty-free licence to host, copy, transmit and display that content strictly to operate the Service for you and as your processor. That licence ends when the content is deleted or your account closes.

Feedback. If you send suggestions, we may use them without restriction or payment. We will not identify you as the source without your permission.

15. Availability and support

We aim to keep the Service available continuously and target 99.5% monthly uptime, excluding scheduled maintenance and events outside our reasonable control. This is a target rather than a contractual service-level guarantee unless we have separately agreed one in writing.

We schedule maintenance outside peak hours where practical and give advance notice of work likely to cause a noticeable interruption. Emergency security work may be done without notice.

Support is provided by email at hello@bookessa.com during business hours. We aim to respond within one working day.

16. Warranties and disclaimers

We warrant that we will provide the Service with reasonable skill and care, and that it will materially perform as described in our documentation.

Beyond that, and to the fullest extent permitted by law, the Service is provided "as is" and we disclaim all other warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement.

We do not warrant that:

• the Service will be uninterrupted or entirely error-free;
• defects will always be corrected within a particular time;
• the Service will meet requirements we have not agreed in writing; or
• AI-generated output will be accurate, complete or suitable for a given purpose.

Nothing in these Terms excludes any warranty or right that cannot be excluded under the law applying to you.

17. Limitation of liability

Nothing in these Terms limits either party's liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be limited by law.

Subject to that, and to the fullest extent permitted by law:

• neither party is liable for indirect, incidental, special or consequential loss, or for loss of profit, revenue, goodwill, business opportunity or anticipated savings, however arising;
• we are not liable for loss arising from appointments missed, cancelled or duplicated, from your own configuration errors, or from your End Customers' conduct;
• our total aggregate liability arising out of or in connection with these Terms in any 12-month period is limited to the total fees you paid us in the 12 months immediately before the event giving rise to the claim.

You are responsible for keeping your own records of your appointments and business data. Our liability for data loss is limited to restoring the most recent available backup.

18. Indemnity

You agree to indemnify us against claims, damages and reasonable costs arising from your breach of these Terms, your unlawful use of the Service, the services you provide to End Customers, or your handling of personal data in breach of applicable law.

We will notify you promptly of any such claim, let you control the defence of it, and cooperate reasonably at your expense. You may not settle a claim in a way that imposes an obligation on us without our written consent.

19. Suspension and termination

We may suspend or terminate your access where:

• you materially breach these Terms and, if the breach can be remedied, do not fix it within 14 days of written notice;
• payment remains outstanding after we have notified you and allowed a reasonable period to pay;
• your use is unlawful, or presents an immediate risk to the Service, to other customers or to third parties — in which case suspension may be immediate;
• we are required to do so by law.

We will give as much notice as is reasonable in the circumstances, and will restore access promptly once the cause is resolved. You may terminate at any time by cancelling your subscription.

On termination, your right to use the Service ends and your booking page is unpublished. Sections that by their nature should survive — including intellectual property, liability, indemnity and governing law — continue to apply.

20. Changes to the service and terms

We continue to develop Bookessa and may add, change or remove features. We will not make a change that materially reduces the core functionality of your paid plan during a period you have already paid for, without offering you a pro-rata refund of the remainder.

We may update these Terms. For material changes we will give at least 30 days' notice by email or in-app before they take effect. Continuing to use the Service after that means you accept the updated Terms; if you do not, you may cancel before they take effect. Minor changes — clarifications, typographical corrections and updates that do not affect your rights — take effect on publication.

21. Governing law and disputes

These Terms are governed by the laws of [Country of establishment], without regard to conflict-of-law rules. The courts of [Jurisdiction] have exclusive jurisdiction, save that either party may seek injunctive relief in any competent court.

Before starting proceedings, please contact us so we can try to resolve the matter directly. Most disputes are settled quickly once we understand the problem. Each party will act in good faith for at least 30 days before escalating.

22. General

• Entire agreement. These Terms and the Privacy Policy are the whole agreement between us on this subject and replace any earlier understanding.
• Severability. If a provision is held unenforceable, it is modified to the minimum extent necessary, and the rest continues in force.
• No waiver. Not enforcing a right does not waive it.
• Assignment. You may not assign these Terms without our written consent. We may assign them to an affiliate or in connection with a merger or sale of assets, on notice to you.
• Force majeure. Neither party is liable for failure caused by events beyond its reasonable control, provided it takes reasonable steps to mitigate.
• Notices. We give notice by email to your registered address or in-app. You give notice to hello@bookessa.com.
• Third parties. No one other than you and us has any right to enforce these Terms.
• Language. These Terms are provided in English. Where a translation conflicts, the English version governs.

23. Contact

Questions about these Terms go to hello@bookessa.com, or by post to [Registered company name and address].