Terms of Service

1. Definitions

• “Service” means the MyBookings software-as-a-service platform, including the web application, the customer-facing booking pages, the customer app, and all related features, APIs and documentation.
• “Business” or “you” means the salon, spa or other business that subscribes to and uses the Service to manage its operations.
• “Authorised Users” means the owners, staff and other people you permit to access the Service under your account.
• “Clients” means your own customers, who may book appointments, make payments or receive messages through the Service.
• “Your Content” means the data you or your Authorised Users and Clients submit to the Service, including business details, staff and Client records, bookings, payments and messages.

2. Eligibility and your account

You must be at least 18 years old and able to form a binding contract to use the Service. You are responsible for all activity under your account and for keeping your credentials secure. You must provide accurate information, confirm your email address to activate your account, and keep your details up to date. Notify us promptly at support@mybk.ai if you suspect any unauthorised use of your account.

You are responsible for your Authorised Users and for ensuring they comply with these Terms. You are responsible for managing the access and permissions you grant them.

3. The Service

MyBookings provides an all-in-one platform for booking, payments and client management, including a calendar and online booking, Client profiles and loyalty, in-store and customer-app checkout, invoicing, automated reminders and reporting. We grant you a non-exclusive, non-transferable, revocable right to access and use the Service for your internal business purposes during your subscription, subject to these Terms.

We may add, change or remove features from time to time. We will not make changes that materially reduce the core functionality of the plan you are paying for without giving you reasonable notice.

4. Subscriptions, fees and billing

• Per-seat pricing. Paid plans are billed per bookable staff member per month, in Australian dollars, at the rate of the plan you choose as published on our Pricing page. Teams of eight or more bookable staff are priced by quotation. A “bookable” staff member is any Authorised User who can take bookings; turning off “bookable” for a person removes their seat from your next billing cycle. Plan allowances (such as included SMS) reset monthly and do not roll over; usage beyond an allowance is charged at the published per-unit rate.
• Free trial. New accounts include a 14-day free trial with no credit card required to start. Unless you cancel before the trial ends, your subscription will begin and the applicable fees will become payable.
• GST. Fees are stated exclusive of GST unless otherwise indicated. Where GST applies, it will be added and shown on your tax invoice.
• Renewal and cancellation. Subscriptions renew automatically each billing period until cancelled. You may cancel at any time; cancellation takes effect at the end of the current paid period, and you will retain access until then.
• Changes to fees. We may change our fees on at least 30 days’ notice. Continued use after a change takes effect constitutes acceptance of the new fees.
• Non-payment. If a payment fails or is overdue, we may suspend or limit your access to the Service until the amount is paid.
• Refunds. Except where required by law (including the Australian Consumer Law), fees are non-refundable and are not pro-rated on cancellation.

5. Payments and the customer app

Payments that your Clients make through the Service, and your subscription payments to us, are processed by our third-party payment provider, Stripe. Your use of payment features is subject to Stripe’s applicable terms, and you are responsible for maintaining your connected Stripe account and complying with those terms.

In-store checkout carries no platform fee. A platform fee of 1% applies only to payments your Clients make through the customer app (checkout and top-ups); this fee is deducted from your payout, and your Clients are always charged and credited the full amount. We are not the merchant of record for the sales you make to your Clients — those transactions are between you and your Client, and you are responsible for your goods and services, pricing, taxes, receipts, refunds, chargebacks and disputes.

6. Your Content and Client data

You retain all rights in Your Content. You grant us a worldwide, non-exclusive licence to host, store, process, transmit and display Your Content solely as needed to provide and support the Service and as otherwise permitted by these Terms and our Privacy Policy.

As between you and us, you are responsible for Your Content and for the personal information of your Clients that you collect and manage through the Service. You represent and warrant that you have all necessary rights, consents and lawful bases to collect that information and to have us process it on your behalf, and that your use of the Service (including the messages you send to Clients) complies with all applicable laws, including the Privacy Act 1988 (Cth) and the Spam Act 2003 (Cth). In respect of your Clients’ personal information, you act as the responsible entity and we act as your service provider processing that information on your instructions.

7. Acceptable use

You agree not to, and not to permit anyone to:

• use the Service in breach of any law or third-party right;
• send unlawful, misleading, harassing or unsolicited communications, or send marketing messages without a valid consent and a functional unsubscribe or opt-out;
• upload malicious code, or attempt to gain unauthorised access to, disrupt, overload or impair the Service or its infrastructure;
• copy, resell, sublicense or provide the Service to a third party except as expressly permitted, or reverse engineer any part of it except to the extent the law permits;
• use the Service to store or transmit content you are not authorised to handle, or that is infringing, defamatory or otherwise objectionable.

8. Intellectual property

The Service, and all software, designs, text, graphics and other materials we provide (excluding Your Content), are owned by MyBookings or our licensors and are protected by intellectual property laws. Except for the rights expressly granted to you in these Terms, we reserve all rights. You must not remove or alter any proprietary notices. If you give us feedback or suggestions, you agree we may use them without restriction or obligation to you.

9. Third-party services

The Service integrates with third-party services (for example, Stripe for payments and our email and SMS providers). We are not responsible for third-party services, and your use of them may be subject to their own terms and privacy policies. Third-party services may change or become unavailable, which may affect related features of the Service.

10. Availability, support and changes

We aim to keep the Service available and reliable, but we do not guarantee it will be uninterrupted or error-free. We may perform maintenance, and suspend or restrict access where reasonably necessary (for example, for security or to comply with law); we will try to give notice of planned downtime where practicable. Support is provided by email at support@mybk.ai.

11. Australian Consumer Law and warranties

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by law where to do so would be unlawful.

Subject to those rights, and to the extent permitted by law, the Service is provided “as is” and “as available”, and we exclude all other representations, warranties and guarantees, whether express or implied. Where our liability for a breach of a non-excludable guarantee can be limited, our liability is limited, at our option, to re-supplying the relevant services or paying the cost of having them re-supplied.

12. Limitation of liability

To the maximum extent permitted by law, MyBookings will not be liable for any indirect, incidental, special or consequential loss, or for any loss of profits, revenue, data, goodwill or business opportunity, arising out of or in connection with the Service or these Terms, even if we have been advised of the possibility of such loss.

To the maximum extent permitted by law, our total aggregate liability arising out of or in connection with the Service or these Terms is limited to the total fees you paid to us for the Service in the 12 months immediately before the event giving rise to the liability.

13. Indemnity

You agree to indemnify us against any loss, liability, cost or expense we reasonably incur arising from your breach of these Terms, your misuse of the Service, Your Content, or your handling of your Clients’ personal information, except to the extent the loss was caused by our own negligence or breach.

14. Suspension and termination

You may cancel your subscription at any time from your account. We may suspend or terminate your access if you materially breach these Terms, fail to pay fees when due, or if we are required to do so by law. On termination, your right to use the Service ends. For a reasonable period after termination you may request an export of Your Content; after that period we may delete Your Content in accordance with our Privacy Policy and our retention practices, unless we are required to retain it by law.

15. Changes to these Terms

We may update these Terms from time to time. If we make a material change, we will give you reasonable notice (for example, by email or an in-app notice) before it takes effect. Your continued use of the Service after the change takes effect constitutes acceptance of the updated Terms.

16. Governing law and disputes

These Terms are governed by the laws of New South Wales, Australia. You and MyBookings submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts able to hear appeals from them. Before starting any proceedings, the parties will try in good faith to resolve any dispute by discussing it, unless urgent interlocutory relief is needed.

17. General

• Entire agreement. These Terms and the Privacy Policy are the entire agreement between us about the Service and supersede any prior arrangements.
• Assignment. You may not assign these Terms without our consent. We may assign them, for example in connection with a restructure, merger or sale.
• Severability. If any provision is found to be unenforceable, the remaining provisions continue in full force.
• Waiver. A failure to enforce a provision is not a waiver of it.
• Notices. We may give you notices by email or through the Service; you may contact us using the details below.

18. Contact us

Questions about these Terms can be sent to MYBK AI PTY LTD (ABN 50 699 490 189) at support@mybk.ai.