1. Acceptance of Terms

These Terms of Service ("Terms") form a legally binding agreement between you ("you," "your," or "Customer") and BookingAPI ("BookingAPI," "we," "us," or "our") and govern your access to and use of the BookingAPI website, dashboard, embeddable booking widgets, APIs, documentation, and all related services (collectively, the "Service"). By accessing, browsing, or using the Service in any way—including creating an account, embedding a widget, or making an API call—you accept and agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree, you must immediately stop using the Service.

If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and "you" refers to both you individually and that organization. You further represent and warrant that you are accessing and using the Service solely for commercial or business purposes, and not for personal, family, or household purposes, nor as a "consumer" under the Ontario Consumer Protection Act or any equivalent consumer protection legislation in your jurisdiction.

2. Description of Service

BookingAPI provides software for booking management and related operational workflows. Depending on the features you enable, the Service may include a business dashboard, public booking flows, embeddable widgets, APIs, email notifications, billing and payment features, and third-party calendar integration (such as Google Calendar). The Service is a software tool only. It does not constitute professional, legal, financial, medical, or any other form of advice. You are solely responsible for all decisions and actions you take based on or in connection with the Service.

BookingAPI is not a party to any agreement, booking, or transaction between you and your clients or end users. We merely provide the underlying software platform. You are solely responsible for providing your underlying services, resolving any disputes, handling refunds, and fulfilling all obligations to your clients.

3. Accounts

You are solely responsible for your account, credentials, API keys, connected integrations, and all activity that occurs under your account—whether or not authorized by you. You must keep credentials confidential, use the Service only for lawful business purposes, and notify us immediately if you believe your account has been compromised. BookingAPI is not liable for any loss, damage, or unauthorized activity resulting from your failure to safeguard your account credentials.

4. Pricing & Payments

Some parts of the Service may be free, and some may require payment. BookingAPI may offer prepaid booking tokens, subscriptions, add-ons, or other paid features. The pricing, usage rules, renewal terms, and feature scope that apply to your account are the ones shown in the dashboard, checkout flow, invoice, or other ordering materials made available to you at the time of purchase. Unless required by applicable law or expressly stated otherwise in those materials, all fees are non-refundable, and all purchases are final. You are responsible for all fees incurred under your account, regardless of whether the activity was authorized by you.

We may change pricing or packaging at any time on a prospective basis. If you do not agree to a future pricing change, your sole remedy is to stop using the affected paid feature before the new pricing takes effect. Continued use after the effective date constitutes acceptance.

You are solely responsible for calculating, collecting, reporting, and remitting any and all applicable taxes, duties, or other governmental assessments (including, without limitation, any federal or provincial taxes such as the Harmonized Sales Tax (HST) in Canada) associated with your use of the Service or the bookings you process through the Service.

5. Acceptable Use

You agree not to:

Use the Service for any unlawful, fraudulent, or abusive purpose
Attempt to gain unauthorized access to any part of the Service, other accounts, or systems
Interfere with or disrupt the Service, its infrastructure, or any connected networks
Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service
Use the Service to send spam, unsolicited communications, or materials that violate applicable law
Exceed published API rate limits, scrape, or otherwise abuse the Service
Upload, transmit, or store content or data that infringes any intellectual property or other rights or violates applicable law
Upload or process highly sensitive data, including but not limited to Protected Health Information (PHI) under HIPAA, payment card industry (PCI) data, or government-issued IDs
Use the Service in a way that could harm BookingAPI, other users, our systems, or third-party integrations
Sublicense, resell, or redistribute the Service or any part thereof without our prior written consent

Violation of this section may result in immediate suspension or termination of your account without notice or refund.

6. Customer Data and Integrations

As between you and BookingAPI, you retain your rights in the data and content you submit to the Service ("Customer Data"). You are solely responsible for the accuracy, quality, legality, and appropriateness of Customer Data, and for ensuring that you have all necessary rights, consents, permissions, and legal bases to collect, use, and share that data through the Service. To the extent you use the Service to trigger emails, notifications, SMS, or other communications to your clients, you represent and warrant that you have obtained all necessary opt-ins and consents under applicable anti-spam and telemarketing laws (such as CASL, CAN-SPAM, or TCPA). You assume all liability for any claims alleging violation of such laws. You grant BookingAPI a non-exclusive, worldwide, royalty-free license to use Customer Data solely as needed to provide, secure, support, and improve the Service and as described in our Privacy Policy.

Certain features rely on third-party services, including but not limited to Google Calendar, payment processors (such as Stripe), and email delivery providers. BookingAPI has no control over the availability, accuracy, performance, or security of those third-party services. BookingAPI expressly disclaims all liability for any acts, omissions, errors, outages, data loss, security breaches, or changes caused by or related to any third-party service. Your use of third-party services is subject to those providers' own terms and policies.

7. Availability, Changes, and Beta Features

We may modify, suspend, or discontinue any part of the Service—including features, APIs, pricing plans, and integrations—at any time, with or without notice, and without liability to you. We make no guarantee of uninterrupted, timely, secure, or error-free operation. Maintenance, security work, third-party outages, regulatory requirements, and product changes may affect availability or functionality at any time.

Features labeled "beta," "preview," "experimental," or similar are provided for evaluation only and may be incomplete, contain errors, or be discontinued at any time. Beta features are provided without any warranty whatsoever, and BookingAPI shall have no liability in connection with your use of any beta feature.

8. Intellectual Property

The Service, including all software, source code, object code, design, branding, trademarks, documentation, and all related intellectual property, is owned by BookingAPI or its licensors and is protected by applicable intellectual property laws. These Terms grant you only a limited, non-exclusive, revocable, non-transferable, non-sublicensable right to access and use the Service in accordance with these Terms. All rights not expressly granted are reserved.

9. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. BOOKINGAPI AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, AND SUPPLIERS (COLLECTIVELY, THE "BOOKINGAPI PARTIES") HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, COMPLETENESS, AVAILABILITY, COMPATIBILITY, SECURITY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, NO BOOKINGAPI PARTY WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED. NO BOOKINGAPI PARTY WARRANTS THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY DATA, CONTENT, INFORMATION, OR RESULTS OBTAINED THROUGH THE SERVICE. YOU USE THE SERVICE ENTIRELY AT YOUR OWN RISK.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BOOKINGAPI OR THROUGH THE SERVICE CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

HIGH-RISK ACTIVITIES: THE SERVICE IS NOT DESIGNED, INTENDED, OR AUTHORIZED FOR USE IN HIGH-RISK, MISSION-CRITICAL, OR LIFE-SAFETY OPERATIONS (SUCH AS EMERGENCY MEDICAL CARE, AVIATION, OR OTHER ENVIRONMENTS WHERE FAILURE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE). YOU ASSUME ALL LIABILITY AND RISK IF YOU USE THE SERVICE FOR ANY SUCH PURPOSE.

10. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANY BOOKINGAPI PARTY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, RELIANCE, COVER, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, USE, OR OPPORTUNITY, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, BUSINESS INTERRUPTION, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY OTHER DAMAGES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF A BOOKINGAPI PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF ALL BOOKINGAPI PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE LESSER OF (A) THE AMOUNTS ACTUALLY PAID BY YOU TO BOOKINGAPI FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED CANADIAN DOLLARS (CAD $100).

THE FOREGOING LIMITATIONS APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE MANDATORY LAW (SUCH AS LIABILITY FOR FRAUD OR FRAUDULENT MISREPRESENTATION).

11. Indemnification

You agree to indemnify and hold harmless BookingAPI and each of its officers, directors, employees, agents, affiliates, licensors, and suppliers (each a "BookingAPI Indemnified Party") from and against any and all claims, demands, suits, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to: (a) your use of or access to the Service; (b) your violation of these Terms or any applicable law; (c) your Customer Data or any content you submit, post, or transmit through the Service; (d) your violation of any third-party right, including any intellectual property, privacy, or publicity right; (e) any dispute between you and a third party (including your own customers or end users); or (f) your negligence or wilful misconduct. This indemnification obligation survives termination of these Terms and your use of the Service.

12. Suspension and Termination

We may suspend or terminate your access to all or part of the Service, immediately and without prior notice, if we reasonably believe you have violated these Terms, created a security or legal risk, failed to pay applicable fees, become subject to bankruptcy or insolvency proceedings, or used the Service in a manner that could harm BookingAPI, other users, or third parties. You may stop using the Service at any time.

Upon termination: (a) all rights and licenses granted to you under these Terms terminate immediately; (b) you must immediately cease all use of the Service; (c) any outstanding fees become immediately due and payable. We may retain or delete Customer Data in accordance with our Privacy Policy, our internal retention practices, and applicable law. BookingAPI shall have no liability for the deletion of Customer Data following termination. If you need information from your account, you must request it before termination is complete; we are under no obligation to provide data exports after your account is terminated.

13. Force Majeure

No BookingAPI Party shall be liable for any delay or failure to perform any obligation under these Terms (other than payment obligations) to the extent caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, epidemics, pandemics, war, terrorism, riots, embargoes, government orders, cyber attacks, distributed denial-of-service attacks, power failures, internet or telecommunications outages, failures of third-party service providers (including hosting, cloud, calendar, or payment providers), labour disputes, or any other event outside the reasonable control of the affected party. BookingAPI does not guarantee data backup or retrieval during a force majeure event and shall not be liable for any data loss or failure to maintain operations arising from such events.

14. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or relating to these Terms or the Service (including non-contractual disputes) shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law principles. You irrevocably submit to the exclusive jurisdiction of the courts located in Toronto, Ontario, Canada for the resolution of any dispute arising under or in connection with these Terms. You waive any objection to venue or jurisdiction in those courts, including any objection based on inconvenient forum.

15. Dispute Resolution

Before filing any formal legal claim, you agree to first contact us at hello@bookingapi.ca and attempt to resolve the dispute informally for at least thirty (30) days. If the dispute is not resolved within that period, either party may pursue formal proceedings in accordance with Section 14.

16. Class Action and Jury Trial Waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL CLAIMS AND DISPUTES ARISING UNDER OR RELATING TO THESE TERMS OR THE SERVICE MUST BE LITIGATED OR OTHERWISE RESOLVED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. YOU AND BOOKINGAPI EACH WAIVE ANY RIGHT TO PARTICIPATE IN OR BRING CLAIMS AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND BOOKINGAPI EXPRESSLY AGREE IN WRITING, NO ARBITRATOR OR COURT MAY CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING. FURTHERMORE, BOTH YOU AND BOOKINGAPI IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS.

17. Limitation on Time to File Claims

To the maximum extent permitted by applicable law, any cause of action or claim you may have arising out of or relating to these Terms or the Service must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action or claim is permanently barred.

18. Electronic Communications

By using the Service, you consent to receive communications from us electronically (including email, dashboard notifications, and notices posted on our website). You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.

19. Changes to These Terms

We may update these Terms at any time at our sole discretion. When we do, we will post the updated version on this page and update the "Last updated" date above. It is your responsibility to review these Terms periodically. Your continued use of the Service after the updated Terms become effective constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service.

20. General Provisions

Relationship of the Parties. BookingAPI is an independent contractor. Nothing in these Terms creates a partnership, joint venture, agency, franchise, or employment relationship between you and BookingAPI. You may not make any representations, warranties, or guarantees on behalf of BookingAPI.

Entire Agreement. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and BookingAPI with respect to the Service and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral.

Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall continue in full force and effect.

Waiver. The failure of BookingAPI to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by BookingAPI.

Assignment. You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. BookingAPI may freely assign these Terms. Any attempted assignment in violation of this section is void.

No Third-Party Beneficiaries. These Terms do not create any third-party beneficiary rights in any person or entity.

Survival. Sections 3 (Accounts), 4 (Pricing), 5 (Acceptable Use), 6 (Customer Data), 8 (IP), 9 (Disclaimer), 10 (Limitation of Liability), 11 (Indemnification), 13 (Force Majeure), 14 (Governing Law), 15 (Dispute Resolution), 16 (Class Action Waiver), 17 (Limitation on Claims), and this Section 20 shall survive any termination or expiration of these Terms.

Headings. Section headings are for convenience only and have no legal effect.

21. Contact

For questions about these Terms of Service, contact us at hello@bookingapi.ca or visit our contact page.