STUDIOBOOKINGS TERMS OF SERVICE
‍Effective Date: June 13, 2024.
‍These Terms of Service (“Terms”) constitute a legally binding agreement between StudioBookingsOnline LLC (“StudioBookings,” “we,” “us,” or “our”) and the individual or legal entity accessing or using the StudioBookings website, software, applications, services, and related technology (collectively, the “Services”).
By registering for, accessing, purchasing, or using the Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms.
If you are accessing or using the Services on behalf of a company, studio, gym, wellness business, organization, or other legal entity (“Customer”), you represent and warrant that you have authority to bind that entity to these Terms. In that case, “you” and “Customer” refer to that entity.
If you do not agree to these Terms, you must not access or use the Services.
1. DESCRIPTION OF THE SERVICES
StudioBookings provides cloud-based software and technology designed to assist businesses with scheduling, appointment management, customer management, membership management, communications, payments, reporting, mobile applications, and related business-management functions.StudioBookings provides technology and software tools only. StudioBookings does not operate, manage, control, supervise, or assume responsibility for the underlying business of any Customer.
‍The Customer remains solely responsible for its business operations, customers, employees, instructors, services, products, pricing, policies, financial decisions, refunds, cancellations, memberships, appointments, and compliance with applicable laws and regulations.
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2. CUSTOMER'S BUSINESS RESPONSIBILITY
The Services are tools intended to assist Customer in operating its business. Customer acknowledges and agrees that:
(a) StudioBookings is not a partner, joint venturer, franchisee, agent, employee, fiduciary, or representative of Customer;
(b) StudioBookings does not control Customer's business operations;
(c) StudioBookings does not guarantee that use of the Services will increase Customer's revenue, profitability, customer retention, bookings, memberships, or business performance;
(d) Customer is solely responsible for determining its prices, services, schedules, policies, cancellation policies, refund policies, membership terms, and other business practices;
(e) Customer is solely responsible for communicating its policies to its customers and members;
(f) Customer is solely responsible for maintaining appropriate business-continuity procedures and alternative methods of conducting business if the Services become temporarily unavailable; and
(g) Customer remains responsible for its business and financial obligations regardless of whether the Services are available, unavailable, interrupted, delayed, degraded, or experiencing errors.
‍StudioBookings is a software provider and not the operator of Customer's business.
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‍3. CUSTOMER DATA AND BUSINESS RECORDS
Customer retains ownership of Customer Data submitted to or stored within the Services, subject to the rights granted to StudioBookings under these Terms.
Customer acknowledges that it is solely responsible for maintaining appropriate backup copies of information necessary to operate its business.
Although StudioBookings uses commercially reasonable measures intended to protect Customer Data, Customer acknowledges that no internet-based system, cloud service, computer system, or electronic storage system can be guaranteed to be completely secure, continuously available, or free from loss or corruption.
Customer therefore agrees that it will maintain appropriate independent records and backup procedures for information that is critical to its business operations.
StudioBookings shall not be responsible for losses arising from Customer's failure to maintain appropriate backup or business-continuity procedures, except to the extent such exclusion is prohibited by applicable law.
4. THIRD-PARTY SERVICES AND PAYMENT PROCESSORS
The Services may integrate with or depend upon third-party services, platforms, software, infrastructure, payment processors, telecommunications providers, internet service providers, cloud hosting providers, email providers, SMS providers, app stores, and other third-party technologies (“Third-Party Services”).
Third-Party Services may include, without limitation, payment processors, credit card networks, banks, telecommunications carriers, email delivery providers, cloud infrastructure providers, Apple, Google, and other technology providers.
StudioBookings does not control Third-Party Services and does not guarantee their availability, accuracy, security, performance, or continued operation.
Customer acknowledges that interruptions, failures, delays, errors, declined transactions, payment failures, chargebacks, duplicate transactions, delayed settlements, failed communications, SMS failures, email delivery failures, authentication failures, or other problems involving Third-Party Services may affect Customer's use of the Services.
‍StudioBookings shall not be responsible for any loss, damage, expense, or financial consequence arising from the acts, omissions, failures, interruptions, changes, restrictions, suspension, termination, or unavailability of any Third-Party Service.
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‍5. PAYMENT PROCESSING
Where the Services facilitate payment processing, StudioBookings may utilize third-party payment processors.
StudioBookings does not guarantee that any payment will be authorized, processed, completed, settled, deposited, or collected.
Customer is solely responsible for monitoring its transactions, accounts receivable, payment records, declined payments, failed payments, refunds, chargebacks, disputes, and customer accounts.
Customer acknowledges that payment processing is subject to banking systems, card networks, payment processors, fraud controls, financial institutions, telecommunications networks, and other systems outside StudioBookings' control.
Customer shall not hold StudioBookings responsible for lost revenue, missed payments, delayed payments, declined payments, failed recurring payments, chargebacks, refunds, disputed transactions, or other financial losses associated with payment processing, except to the extent such limitation is prohibited by applicable law.
6. SERVICE AVAILABILITY
Customer expressly acknowledges and agrees that the Services may from time to time be unavailable or interrupted.
StudioBookings does not warrant or guarantee that the Services will:
(a) be continuously available;
(b) be uninterrupted;
(c) be error-free;
(d) be secure or immune from unauthorized access;
(e) operate without delays;
(f) operate without bugs or defects;
(g) meet Customer's particular requirements;
(h) be available at any particular time;
(i) remain unchanged or continue to include any particular feature; or
(j) produce any particular business, financial, operational, or commercial result.
StudioBookings may temporarily suspend or restrict access to all or any portion of the Services for maintenance, upgrades, repairs, security reasons, emergency circumstances, technical issues, or other operational reasons.
7. DISCLAIMER OF WARRANTIES
‍TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
‍STUDIOBOOKINGS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, AVAILABILITY, RELIABILITY, SECURITY, PERFORMANCE, AND CONTINUOUS OR ERROR-FREE OPERATION.
STUDIOBOOKINGS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
STUDIOBOOKINGS DOES NOT WARRANT THAT THE SERVICES WILL PREVENT LOST SALES, MISSED BOOKINGS, CUSTOMER CANCELLATIONS, PAYMENT FAILURES, REFUNDS, CHARGEBACKS, CUSTOMER LOSS, BUSINESS INTERRUPTION, OR OTHER FINANCIAL OR BUSINESS CONSEQUENCES.
NO INFORMATION OR ADVICE PROVIDED BY STUDIOBOOKINGS, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY NOT EXPRESSLY SET FORTH IN THESE TERMS.
8. NO RESPONSIBILITY FOR CUSTOMER'S REVENUE OR FINANCIAL PERFORMANCE
‍CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT STUDIOBOOKINGS DOES NOT GUARANTEE, WARRANT, OR ASSUME RESPONSIBILITY FOR CUSTOMER'S REVENUE, PROFITS, SALES, BOOKINGS, MEMBERSHIPS, CUSTOMER RETENTION, CUSTOMER ACQUISITION, CASH FLOW, OR FINANCIAL PERFORMANCE.
‍Customer's revenue and financial performance depend upon numerous factors outside StudioBookings' control, including Customer's business practices, pricing, employees, instructors, customers, market conditions, advertising, competition, economic conditions, payment processors, internet connectivity, and Customer's use of the Services.
Accordingly, Customer assumes all risks associated with its reliance upon the Services for the operation of its business.
9. LIMITATION OF LIABILITY — FINANCIAL AND BUSINESS LOSSES
‍TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STUDIOBOOKINGS AND ITS MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, AND SUPPLIERS (COLLECTIVELY, THE “STUDIOBOOKINGS PARTIES”) SHALL NOT BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE ARISING OUT OF OR RELATING TO THE SERVICES, WHETHER SUCH LOSS OR DAMAGE IS DIRECT OR INDIRECT.
‍Without limiting the foregoing, the StudioBookings Parties shall not be liable for:
- loss of revenue;
- loss of profits;loss of anticipated profits;loss of sales;
- loss of bookings;loss of appointments;
- loss of memberships;loss of customers;loss of customer goodwill;
- loss of business opportunities;loss of business value;
- loss of anticipated savings;
- loss of use;
- loss of data;corruption of data;
- inability to access data;
- business interruption;
- interruption of operations;
- missed appointments;
- missed bookings;
- failed bookings;
- duplicate bookings;
- scheduling errors;
- payment failures;
- failed recurring payments;
- declined transactions;
- delayed transactions;
- chargebacks;
- refunds;
- customer disputes;
- costs of substitute software or services;
- costs associated with employee time;
- costs associated with reconstructing data;
- costs associated with recovering or restoring data;
- reputational harm;
- customer claims;
- third-party claims;
- consequential damages;
- incidental damages;
- special damages;
- exemplary damages;
- punitive damages; or
- any other economic, commercial, or business loss.
This limitation applies regardless of whether the alleged loss arises from:
(a) downtime;
(b) service interruption;
(c) system failure;
(d) software defects;
(e) programming errors;
(f) bugs;
(g) incorrect calculations;
(h) inaccurate information;
(i) data corruption;
(j) data loss;
(k) deletion or alteration of information;
(l) delayed processing;
(m) failed communications;
(n) failed email delivery;
(o) failed SMS or text-message delivery;
(p) payment processing problems;
(q) third-party service failures;
(r) internet or telecommunications failures;
(s) cyberattacks;
(t) unauthorized access;
(u) security incidents;
(v) maintenance;
(w) upgrades;
(x) migration of Customer Data;
(y) changes to the Services;
(z) suspension or termination of an account;
(aa) Customer's inability to use the Services;
(bb) Customer's reliance on the Services; or
(cc) any other failure, interruption, error, omission, or defect relating to the Services.
10. EXCLUSION OF CONSEQUENTIAL AND OTHER DAMAGES
‍TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANY STUDIOBOOKINGS PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR RELIANCE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SALES, LOST BUSINESS, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, LOSS OF USE, OR COST OF SUBSTITUTE SERVICES, WHETHER ARISING IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL OR EQUITABLE THEORY.
‍This exclusion shall apply regardless of whether StudioBookings was advised of, knew, or should have known of the possibility of such damages.
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This exclusion shall apply even if any limited remedy provided under these Terms is determined to have failed of its essential purpose.
11. AGGREGATE LIABILITY CAP
‍TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE STUDIOBOOKINGS PARTIES ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, OR CUSTOMER'S USE OF OR INABILITY TO USE THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY CUSTOMER TO STUDIOBOOKINGS FOR THE SERVICES DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
‍If Customer has paid no fees to StudioBookings during such period, the maximum aggregate liability of the StudioBookings Parties shall be $100 USD.
The foregoing limitation applies collectively to all claims and shall not be increased because multiple claims arise from the same or related circumstances.
Multiple claims shall not enlarge the foregoing limitation.
12. SOLE AND EXCLUSIVE REMEDY
Customer acknowledges and agrees that, to the maximum extent permitted by applicable law, Customer's sole and exclusive remedy for dissatisfaction with, inability to use, interruption of, or failure of the Services is to discontinue use of the Services and terminate Customer's account in accordance with these Terms.
Where applicable, StudioBookings may, in its sole discretion, provide a service credit or refund of fees actually paid for a period during which the Services were unavailable.
Any such credit or refund shall constitute StudioBookings' complete and exclusive financial remedy for the applicable service interruption and shall not create any right to recover lost revenue, lost profits, business losses, or other damages.
13. CUSTOMER RESPONSIBILITY FOR END-CUSTOMERS
Customer is solely responsible for its relationship with its customers, members, students, clients, employees, instructors, and other users (“End-Customers”).
StudioBookings does not assume responsibility for Customer's obligations to End-Customers.
Customer is solely responsible for:
(a) refunds;
(b) credits;
(c) cancellations;
(d) membership disputes;
(e) class cancellations;
(f) appointment disputes;
(g) customer complaints;
(h) pricing disputes;
(i) payment disputes;
(j) service disputes;
(k) customer communications;
(l) policies and disclosures;
(m) waivers and releases;
(n) customer notifications; and
(o) compliance with laws applicable to Customer's business.
‍Any refund, credit, reimbursement, compensation, or other financial obligation owed by Customer to an End-Customer remains solely the responsibility of Customer and shall not become an obligation of StudioBookings.
‍14. CUSTOMER'S INDEPENDENT BUSINESS CONTINUITY OBLIGATION
Customer acknowledges that StudioBookings is not a substitute for Customer's own business-continuity procedures.
Customer should maintain reasonable alternative procedures for conducting business during any interruption of the Services, including, where appropriate, alternative methods for:
accessing customer information;contacting customers;
managing appointments;
managing class schedules;
processing payments;
recording attendance;
managing cancellations;
handling refunds;
and maintaining business records.
Customer's failure to maintain alternative procedures does not create liability for StudioBookings.
15. MAINTENANCE, UPDATES, AND CHANGES
StudioBookings may modify, update, improve, replace, suspend, or discontinue any feature, functionality, software component, integration, application, or portion of the Services at any time.
StudioBookings may perform scheduled or unscheduled maintenance that temporarily affects availability.
StudioBookings shall not be liable for any financial loss resulting from maintenance, updates, upgrades, modifications, feature changes, or discontinuation of any portion of the Services.
16. SECURITY INCIDENTS AND UNAUTHORIZED ACCESS
StudioBookings uses commercially reasonable measures designed to protect its systems and Customer Data.
However, Customer acknowledges that no system connected to the internet can be guaranteed to be completely secure.
To the maximum extent permitted by applicable law, StudioBookings shall not be liable for damages arising from unauthorized access, hacking, cyberattacks, denial-of-service attacks, malware, viruses, credential compromise, security vulnerabilities, or other security incidents except to the extent such liability cannot lawfully be excluded.
Customer is responsible for protecting its passwords, credentials, devices, and authorized-user access.
17. FORCE MAJEURE
StudioBookings shall not be liable for any failure, delay, interruption, or degradation of the Services caused by circumstances beyond StudioBookings' reasonable control.
Such circumstances may include, without limitation:
natural disasters;
fire;
flood;
severe weather;
earthquakes;
epidemics or pandemics;
war;
terrorism;
civil unrest;
governmental action;
regulatory changes;
labor disputes;
power failures;
internet failures;
telecommunications failures;
cloud infrastructure failures;
hosting-provider failures;
payment processor failures;
email provider failures;
telecommunications carrier failures;
cyberattacks;
denial-of-service attacks;
widespread software vulnerabilities;
failures of third-party providers; or
other events beyond StudioBookings' reasonable control.
18. INDEMNIFICATION
Customer agrees to defend, indemnify, and hold harmless StudioBookings and the StudioBookings Parties from and against any claims, demands, actions, proceedings, losses, liabilities, damages, judgments, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to:
(a) Customer's use of the Services;
(b) Customer's business;
(c) Customer's goods or services;
(d) Customer's relationship with an End-Customer;
(e) Customer's violation of applicable law;
(f) Customer's violation of these Terms;
(g) Customer's User Content or Customer Data;
(h) Customer's acts or omissions;
(i) Customer's policies or business practices;
(j) claims by Customer's customers, members, students, employees, instructors, or other users; or
(k) Customer's infringement or violation of any third-party rights.
19. CUSTOMER ACCOUNTS AND SECURITY
Customer is responsible for maintaining the confidentiality of its account credentials and for all activity occurring through its account.
Customer must promptly notify StudioBookings of any unauthorized access or suspected security breach.
StudioBookings shall not be liable for losses arising from Customer's failure to maintain appropriate account security.
20. FEES AND PAYMENTS
Customer agrees to pay all applicable fees for the Services.
Fees are non-refundable except where expressly stated otherwise by StudioBookings or required by applicable law.
Customer remains responsible for all fees incurred before cancellation or termination.
StudioBookings may change its fees upon reasonable notice.
21. CANCELLATION AND TERMINATION
Customer may terminate its account in accordance with the cancellation procedures provided by StudioBookings.
StudioBookings may suspend or terminate an account if Customer violates these Terms, fails to pay amounts due, engages in unlawful activity, creates a security risk, or otherwise creates risk to StudioBookings, its users, or third parties.
Termination does not eliminate provisions that by their nature should survive termination, including provisions concerning intellectual property, indemnification, disclaimers, limitations of liability, payment obligations, and dispute resolution.
22. INTELLECTUAL PROPERTY
StudioBookings retains all rights, title, and interest in the Services, software, technology, documentation, designs, trademarks, processes, interfaces, and other StudioBookings intellectual property.
Customer receives only a limited, non-exclusive, non-transferable, revocable right to use the Services during the applicable subscription period.
Customer may not copy, reproduce, modify, reverse engineer, distribute, sell, lease, sublicense, or exploit the Services except as expressly permitted by StudioBookings.
23. PRIVACY
StudioBookings' collection and processing of personal information is governed by the StudioBookings Privacy Policy, which is incorporated into these Terms by reference.
Customer remains responsible for providing appropriate notices and obtaining legally required consents from its End-Customers.
24. NO PROFESSIONAL OR BUSINESS ADVICE
StudioBookings provides software and technology and does not provide legal, tax, accounting, financial, employment, medical, fitness, or other professional advice.
Customer is solely responsible for obtaining professional advice appropriate to its business.
25. NO GUARANTEE OF BUSINESS RESULTS
Customer expressly acknowledges that StudioBookings makes no guarantee regarding:
revenue;
profitability;
sales;
bookings;
membership growth;
customer retention;
customer acquisition;
attendance;
payment collection;
business growth;
operational efficiency; or
any other financial or commercial result.
Any statements concerning potential benefits, efficiencies, or results are informational only and do not constitute a guarantee.
26. LIMITATION OF CLAIMS
To the maximum extent permitted by applicable law, any claim arising from or relating to the Services or these Terms must be brought within one (1) year after the event giving rise to the claim occurred.
Any claim not brought within that period shall be permanently barred.
27. GOVERNING LAW AND VENUE
These Terms and any dispute arising out of or relating to the Services shall be governed by the laws of the State of Connecticut, without regard to its conflict-of-law principles.
To the maximum extent permitted by applicable law, any legal action arising out of or relating to these Terms or the Services shall be brought exclusively in the state or federal courts located in Connecticut, and Customer consents to the jurisdiction and venue of such courts.
28. SEVERABILITY
If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, that provision shall be enforced to the maximum extent permitted by law and the remaining provisions shall remain in full force and effect.
If a limitation or exclusion of liability is determined to be unenforceable in a particular jurisdiction, the limitation shall be modified only to the minimum extent necessary to make it enforceable while preserving the parties' original intent to allocate risk to the maximum extent permitted by law.
29. NO WAIVER
Failure by StudioBookings to enforce any provision of these Terms shall not constitute a waiver of that provision or StudioBookings' right to enforce it in the future.
30. ENTIRE AGREEMENT
These Terms, together with the StudioBookings Privacy Policy and any additional terms expressly incorporated by reference, constitute the entire agreement between Customer and StudioBookings concerning the Services.
These Terms supersede all prior or contemporaneous agreements, representations, communications, or understandings concerning the Services, except for any separately executed written agreement expressly stating that it modifies or supersedes these Terms.
31. CHANGES TO THESE TERMS
StudioBookings may modify these Terms from time to time.Updated Terms will be posted through the StudioBookings website or otherwise communicated to Customer.
Customer's continued use of the Services following the effective date of updated Terms constitutes acceptance of the revised Terms, to the extent permitted by applicable law.
32. ACKNOWLEDGMENT OF RISKBY ACCESSING OR USING THE SERVICES, CUSTOMER ACKNOWLEDGES THAT:
1. THE SERVICES ARE TECHNOLOGY TOOLS AND NOT A GUARANTEE OF BUSINESS PERFORMANCE;
2. CUSTOMER'S BUSINESS OPERATIONS REMAIN CUSTOMER'S SOLE RESPONSIBILITY;
3. SOFTWARE AND INTERNET SERVICES MAY EXPERIENCE OUTAGES, ERRORS, DELAYS, INTERRUPTIONS, SECURITY EVENTS, OR OTHER FAILURES;
4. CUSTOMER MAY EXPERIENCE FINANCIAL LOSSES IF THE SERVICES OR RELATED THIRD-PARTY SERVICES ARE UNAVAILABLE OR DO NOT PERFORM AS EXPECTED;
5. CUSTOMER ACCEPTS THE BUSINESS AND FINANCIAL RISKS ASSOCIATED WITH USING A CLOUD-BASED SOFTWARE SERVICE;
6. CUSTOMER IS RESPONSIBLE FOR MAINTAINING APPROPRIATE BACKUPS AND BUSINESS-CONTINUITY PROCEDURES; AND
7. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STUDIOBOOKINGS DOES NOT ASSUME RESPONSIBILITY FOR CUSTOMER'S LOST REVENUE, LOST PROFITS, LOST BOOKINGS, LOST SALES, BUSINESS INTERRUPTION, OR OTHER FINANCIAL LOSSES ARISING FROM THE USE OF OR INABILITY TO USE THE SERVICES.
33. CONTACT
Questions concerning these Terms may be directed to:
‍StudioBookingsOnline LLC
Email: support@studiobookingsonline.com BY REGISTERING FOR, ACCESSING, OR USING THE STUDIOBOOKINGS SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO THESE TERMS OF SERVICE.
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