Terms of Service

1. Agreement to Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and BookingAgent Inc., a Delaware corporation (“BookingAgent,” “we,” “us,” or “our”), governing your access to and use of the BookingAgent platform, including our website at bookingagent.com, mobile applications, APIs, and all related services and functionalities (collectively, the “Platform”).

By creating an account, accessing, or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not access or use the Platform.

Eligibility

You must be at least 13 years of age to use the Platform. By using the Platform, you represent and warrant that:

• You meet the minimum age requirement
• You have the legal capacity to enter into this binding agreement
• You are not prohibited from accessing the Platform under applicable law
• If acting for an entity, you have authority to bind that entity to these Terms

2. Platform Access and Use

2.1 License to Use Platform

Subject to your compliance with these Terms, BookingAgent grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for your internal business purposes in accordance with these Terms.

2.2 Intellectual Property

All rights, title, and interest in the Platform, including all content, features, functionality, design, and intellectual property rights, remain the exclusive property of BookingAgent and its licensors. The Platform is protected by copyright, trademark, and other intellectual property laws.

2.3 Trademarks

BookingAgent’s name, logo, and all related marks are our trademarks. You may not use our trademarks without our prior written permission, except as necessary to describe our services in a factual manner.

3. User Accounts

3.1 Account Creation

To access certain features, you must create an account providing accurate, current, and complete information. You are responsible for maintaining the confidentiality of your login credentials and for all activities under your account.

3.2 Account Security

You must immediately notify us of any unauthorized access to your account. We reserve the right to suspend or terminate accounts that have been inactive for ninety (90) days or more.

4. Acceptable Use Policy

4.1 Prohibited Activities

You agree not to:

• Violate any applicable laws or regulations
• Infringe upon any third-party intellectual property rights
• Transmit harmful code, viruses, or malware
• Attempt to gain unauthorized access to the Platform or related systems
• Interfere with or disrupt the Platform’s operation
• Use automated systems to access the Platform without our permission
• Impersonate any person or entity
• Harvest or collect data about other users without consent
• Use the Platform for competitive analysis or to build a competing service
• Circumvent any security features or access restrictions

4.2 Content Standards

You are solely responsible for all content you upload, share, or transmit through the Platform (“User Content”). You represent that you have all necessary rights to your User Content and that it does not violate any third-party rights or applicable laws.

5. Privacy

Your use of the Platform is subject to our Privacy Policy, available at bookingagent.com/privacy. By using the Platform, you consent to our collection, use, and disclosure of information as described in the Privacy Policy.

6. Fees and Payment

6.1 Subscription Fees

Access to the Platform requires payment of subscription fees as specified in your order form or subscription plan. All fees are quoted in U.S. dollars unless otherwise specified.

6.2 Payment Processing

We use third-party payment processors to handle transactions. By providing payment information, you authorize us to charge the applicable fees to your designated payment method. All fees are non-refundable except as required by law.

6.3 Automatic Renewal

Subscriptions automatically renew for successive periods unless you cancel at least thirty (30) days before the renewal date. We may modify fees with sixty (60) days’ notice for annual plans and thirty (30) days’ notice for monthly plans.

6.4 Late Payments

Overdue amounts may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law. We may suspend your access for overdue payments after providing ten (10) days’ written notice.

6.5 Taxes

You are responsible for all applicable taxes, excluding taxes based solely on BookingAgent’s net income.

7. User Content and Licensing

7.1 License Grant

By submitting User Content, you grant BookingAgent a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with operating and improving the Platform.

7.2 Content Ownership

You retain ownership of your User Content. BookingAgent retains ownership of all Platform-related intellectual property and any improvements or modifications thereto, regardless of User input or suggestions.

8. Confidentiality

Each party agrees to maintain the confidentiality of the other party’s confidential information and use it solely for purposes of this agreement. This obligation does not apply to information that:

• Becomes publicly available through no breach by the receiving party
• Was lawfully known to the receiving party before disclosure
• Is independently developed without using confidential information
• Must be disclosed by law

9. Disclaimers

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” BOOKINGAGENT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

YOU USE THE PLATFORM AT YOUR OWN RISK. WE ARE NOT RESPONSIBLE FOR USER CONTENT OR THIRD-PARTY SERVICES ACCESSED THROUGH THE PLATFORM.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BOOKINGAGENT AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR DATA, ARISING FROM YOUR USE OF THE PLATFORM.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE FEES YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY.

11. Indemnification

You agree to indemnify, defend, and hold harmless BookingAgent and its affiliates from any claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising from:

• Your use of the Platform
• Your violation of these Terms
• Your violation of any third-party rights
• Your User Content

12. Term and Termination

12.1 Term

These Terms remain in effect until terminated by either party.

12.2 Termination

Either party may terminate these Terms:

• For convenience with thirty (30) days’ written notice
• Immediately for material breach that remains uncured after fifteen (15) days’ written notice
• Immediately if the other party becomes insolvent or bankrupt

12.3 Effect of Termination

Upon termination, your access to the Platform will cease. We may delete your User Content and account information. Provisions intended to survive termination will remain in effect.

13. Modifications

We may modify these Terms at any time by posting updated versions on the Platform. Material changes will be notified via email or Platform notification. Continued use after changes constitutes acceptance of the modified Terms.

14. Governing Law

These Terms are governed by Delaware law, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

15. Dispute Resolution

15.1 Mandatory Arbitration

Any dispute arising from these Terms or your use of the Platform shall be resolved through binding arbitration under the American Arbitration Association’s Commercial Arbitration Rules. The arbitration shall be conducted in Wilmington, Delaware, before a single arbitrator.

15.2 Class Action Waiver

YOU WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTIONS. DISPUTES MUST BE BROUGHT INDIVIDUALLY. IF THIS WAIVER IS FOUND INVALID, THE ENTIRE ARBITRATION PROVISION SHALL BE NULL AND VOID.

15.3 Exceptions

Either party may seek injunctive relief in court for intellectual property infringement or breach of confidentiality. Small claims court actions may be brought if within jurisdictional limits.

15.4 Jury Trial Waiver

IF A DISPUTE PROCEEDS IN COURT, BOTH PARTIES WAIVE THE RIGHT TO A JURY TRIAL.

16. Beta Features

Features labeled as “beta,” “preview,” or similar are provided without warranty and may be discontinued at any time. Our liability for beta features is limited to $100.

17. Export Compliance

You represent that you are not located in an embargoed country or on any prohibited party list, and will comply with all applicable export laws.

18. Government Use

If you are a U.S. Government entity, the Platform constitutes “commercial computer software” under applicable regulations, and your rights are limited to those granted in these Terms.

19. General Provisions

19.1 Entire Agreement

These Terms constitute the entire agreement between the parties regarding the Platform and supersede all prior agreements.

19.2 Severability

If any provision is found invalid, the remaining provisions shall continue in full effect.

19.3 No Waiver

Our failure to enforce any provision does not constitute a waiver of that provision.

19.4 Assignment

You may not assign these Terms without our written consent. We may assign these Terms without restriction.

19.5 Force Majeure

Neither party is liable for delays due to circumstances beyond reasonable control, including acts of God, natural disasters, government actions, or widespread technical failures.

19.6 Notices

Notices must be sent in writing to the addresses specified in your account or to legal@bookingagent.com

19.7 Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights except as expressly stated.

Contact Information

For questions about these Terms, contact us at:

• BookingAgent Inc.
• 2459 Forest Park Blvd #159, Fort Worth TX 76110
• Email: legal@bookingagent.com
• Support: support@bookingagent.com