Terms of Service
These Terms of Service ("Terms") govern your use of BookedUp's AI-powered operations suite and related services (the "Service") provided by BookedUp ("we," "us," or "our"). By signing a service agreement or using the Service, you ("Client," "you," or "your") agree to be bound by these Terms.
1. Service description
BookedUp provides AI-powered scheduling, customer communication, marketing automation, and business intelligence tools for local businesses. The Service includes configuration, deployment, monitoring, and ongoing optimization of automated systems tailored to your business operations.
2. Service tiers and pricing
The Service is offered in tiered monthly plans as described on our website and in your service agreement. Pricing, included features, and support hours are outlined in your specific service agreement. We reserve the right to adjust pricing with 30 days written notice.
3. Setup and onboarding
A one-time setup fee applies to all new accounts, covering the initial operations audit, custom configuration, deployment, and training. The setup fee amount is specified in your service agreement. Monthly billing begins on the date your BookedUp system goes live.
4. Client responsibilities
You agree to:
- Provide accurate business information required for system configuration, including business hours, service types, contact details, and customer communication preferences.
- Maintain valid authorization for any third-party accounts connected to BookedUp (Google Calendar, phone systems, social media accounts, etc.).
- Ensure that your customers have provided appropriate consent to receive automated communications (SMS, email) from your business before their information is entered into the system.
- Notify us promptly of any changes to your business operations that may affect system configuration.
- Use the Service in compliance with all applicable local, state, and federal laws.
5. SMS and communications compliance
BookedUp sends automated text messages and emails on your behalf to your customers. You acknowledge and agree that:
- You are responsible for obtaining proper consent from your customers to receive automated communications, as required by the Telephone Consumer Protection Act (TCPA) and applicable state laws.
- All customer phone numbers and email addresses entered into the system have been collected with appropriate consent.
- You will promptly honor any customer opt-out requests and notify us so we can update the system.
- You will not use the Service to send unsolicited messages to individuals who have not consented to receive communications from your business.
BookedUp is not liable for any penalties, fines, or legal action arising from communications sent on your behalf where proper customer consent was not obtained.
6. Payment terms
Monthly fees are billed on the same date each month, beginning on your go-live date. Payment is due upon receipt of invoice. Accepted payment methods are specified in your service agreement. Late payments may result in suspension of the Service after 15 days. We do not store credit card numbers or banking information directly; all payment processing is handled through our third-party payment processor (Stripe), which maintains PCI DSS compliance.
7. Cancellation and termination
Either party may terminate the Service with 30 days written notice. There are no long-term contracts. Upon cancellation:
- Your system will be deactivated at the end of the current billing period.
- You may request an export of your data within 30 days of cancellation.
- Your data will be permanently deleted 60 days after cancellation unless otherwise requested.
- Setup fees are non-refundable.
8. Data ownership
You retain full ownership of all business data, customer information, and content entered into or generated by the Service. BookedUp does not sell, share, or use your data for any purpose other than providing the Service to you. We may use anonymized, aggregated data for improving our systems, but this data will never identify your business or your customers.
9. Uptime and availability
We strive to maintain high availability of the Service but do not guarantee 100% uptime. Scheduled maintenance will be communicated in advance when possible. We are not liable for service interruptions caused by third-party services (Twilio, Google, internet providers), events outside our reasonable control, or your failure to maintain required third-party accounts.
10. Limitation of liability
To the maximum extent permitted by law, BookedUp's total liability for any claims arising from or related to the Service shall not exceed the total fees paid by you in the three months preceding the claim. We are not liable for any indirect, incidental, consequential, or punitive damages, including lost profits, lost revenue, or lost business opportunities.
11. Indemnification
You agree to indemnify and hold harmless BookedUp from any claims, damages, or expenses arising from your use of the Service, including but not limited to claims related to customer communications sent without proper consent, violation of applicable laws, or misuse of the system.
12. Modifications to terms
We may update these Terms from time to time. Material changes will be communicated to you via email at least 30 days before they take effect. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.
13. Governing law
These Terms shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to conflict of law principles. Any disputes shall be resolved in the courts of Maricopa County, Arizona.
14. Contact
Questions about these Terms? Contact us at kristian@getbookedup.io or call (480) 204-4245.