Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the websites, software, and services offered by StayBooked (“StayBooked,” “we,” “us,” or “our”), including any trial or beta access (collectively, the “Services”). By creating an account, clicking to accept, or using the Services, you agree to these Terms on behalf of yourself and, if applicable, the organization you represent. If you do not agree, do not use the Services.

You represent that you are at least the age of majority where you live and have the legal power to enter a binding contract. If you use the Services for a business or entity, you represent that you have authority to bind that entity, and “you” includes that entity.

StayBooked provides cloud-based tools for appointment scheduling, client management, public booking pages, staff and service configuration, reporting, tax-related calculations or displays where applicable, and related features as described in our product at the time of use. We may modify, suspend, or discontinue features or the Services (in whole or in part) with reasonable notice where practicable. The Services are not a substitute for professional, legal, tax, accounting, or medical advice.

You must provide accurate registration information and keep it current. You are responsible for safeguarding credentials and for all activity under your account. Notify us promptly of unauthorized use. We may suspend or terminate accounts that violate these Terms or pose security risk.

Paid plans, if offered, are billed according to the prices and billing cycle shown on our Plans page, at checkout, or in your account. Fees are non-refundable except where required by law or expressly stated otherwise. You are responsible for applicable taxes. We may change prices with advance notice; continued use after the effective date may constitute acceptance.

You agree not to:

• Violate law or third-party rights.
• Upload malware, probe or attack our systems, or interfere with the Services or other users.
• Scrape, data-mine, or reverse engineer the Services except as allowed by mandatory law.
• Use the Services to send unlawful, harassing, deceptive, or spam communications.
• Misrepresent your identity or your business, or use the Services for high-risk activities where failure could lead to death or serious injury without appropriate safeguards and compliance.

You retain rights to data and content you submit (“Customer Data”). You grant StayBooked a worldwide, non-exclusive license to host, process, transmit, and display Customer Data solely to provide, secure, and improve the Services and as described in our Privacy Policy. You are responsible for the legality of Customer Data and for obtaining consents required for your use case (for example, client communications or marketing).

StayBooked and its licensors own the Services, software, branding, and documentation, subject to the limited rights expressly granted in these Terms. Except for those rights, no rights are granted by implication.

The Services may integrate with or link to third-party products (e.g. payment, email, or hosting). Those services are governed by their own terms. We are not responsible for third-party services or their availability.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS, OR THAT TAX OR FINANCIAL OUTPUTS ARE ACCURATE OR SUITABLE FOR YOUR JURISDICTION OR FILING OBLIGATIONS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL STAYBOOKED OR ITS AFFILIATES, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STAYBOOKED’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES FOR ANY AND ALL CLAIMS IN THE AGGREGATE SHALL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID TO STAYBOOKED IN SUBSCRIPTION OR PLATFORM FEES FOR THE SINGLE CALENDAR MONTH IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO THE CLAIM FIRST OCCURRED, CALCULATED AT THE SUBSCRIPTION PLAN RATE AND BILLING FREQUENCY IN EFFECT FOR YOUR ACCOUNT AT THAT TIME. IF YOU WERE ON A FREE OR TRIAL TIER AND PAID NO FEES IN THAT MONTH, STAYBOOKED’S TOTAL LIABILITY SHALL NOT EXCEED ZERO DOLLARS (CAD $0). IF YOU PREPAID FOR A PERIOD LONGER THAN ONE MONTH, THE CAP SHALL BE CALCULATED AS ONE MONTH’S PROPORTIONAL SHARE OF THE PREPAID FEES ATTRIBUTABLE TO THE PLAN IN EFFECT WHEN THE CLAIM AROSE (FOR EXAMPLE, ONE-TWELFTH OF AN ANNUAL PREPAYMENT).

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; IN THOSE JURISDICTIONS, STAYBOOKED’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU KNOWINGLY AND VOLUNTARILY RELEASE, ACQUIT, AND FOREVER DISCHARGE STAYBOOKED AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “STAYBOOKED PARTIES”) FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, LOSSES, CAUSES OF ACTION, OR LIABILITIES OF EVERY KIND AND NATURE, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES OR THESE TERMS, EXCEPT FOR ANY OBLIGATION THAT CANNOT BE RELEASED UNDER APPLICABLE LAW.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE NOT TO BRING, ASSERT, OR PARTICIPATE IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST THE STAYBOOKED PARTIES RELATING TO THE SERVICES OR THESE TERMS, EXCEPT WHERE SUCH A WAIVER IS PROHIBITED BY LAW.

NOTHING IN THESE TERMS PURPORTS TO LIMIT LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY GROSS NEGLIGENCE OR WILLFUL MISCONDUCT WHERE SUCH A LIMITATION WOULD BE UNLAWFUL, OR TO EXCLUDE LIABILITY THAT CANNOT BE EXCLUDED BY LAW.

To the maximum extent permitted by law, you will defend, indemnify, and hold harmless the StayBooked Parties from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to Customer Data, your use of the Services, your violation of these Terms, or your violation of third-party rights.

These Terms apply from first use until terminated. You may stop using the Services at any time. We may suspend or terminate access for breach, risk, non-payment, or legal requirement. Provisions that by their nature should survive (including intellectual property, disclaimers, limitations of liability, release, indemnity, and governing law) survive termination.

We may update these Terms by posting a revised version and updating the “Last updated” date. If changes are material, we will provide reasonable notice (for example, by email or in-product notice). Continued use after the effective date constitutes acceptance. If you do not agree, you must stop using the Services.

These Terms are governed by the laws of Canada and the Province of Ontario, excluding conflict-of-law rules. Subject to mandatory local protections, you agree that the courts located in Toronto, Ontario have exclusive jurisdiction over disputes arising out of or relating to these Terms or the Services, except where you have non-waivable rights to sue elsewhere.

These Terms, together with the Privacy Policy and any order or plan description you accept, are the entire agreement. If any provision is unenforceable, the remainder remains in effect. Failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign in connection with a merger, acquisition, or sale of assets. Notices may be given to the email on your account.

For questions about these Terms, email us at support@staybooked.ca or call 902 932 5591. You can also reach us from your account settings where applicable.