Terms of Service — BookingPam

Please read these Terms of Service carefully before using BookingPam. By creating an account or using any part of our platform, you agree to be bound by these Terms. If you do not agree, do not use BookingPam.

1. Definitions

For the purposes of these Terms, the following definitions apply:

"BookingPam," "we," "us," or "our" refers to BookingPam and its operators.
"Platform" refers to the BookingPam website (bookingpam.com), the vendor dashboard (app.bookingpam.com), booking pages (*.bookingpam.com), mobile applications, APIs, and all related services.
"Vendor" refers to any business or individual who creates an account on BookingPam to offer services and accept bookings from clients.
"Client" refers to any person who books a service through a Vendor's BookingPam booking page.
"User" refers to any person accessing or using the Platform, including Vendors, Clients, and staff members.
"Content" refers to all text, images, data, information, and other material submitted to or generated by the Platform.
"Services" refers to the appointment scheduling, payment processing, client management, automated reminders, and other features offered by BookingPam.
"Subscription Plan" refers to the Free, Starter, Pro, or Business plans offered by BookingPam.
"Private Deal" refers to a custom private membership arrangement between a Vendor and a Client created through the BookingPam platform.

2. Acceptance of Terms

By accessing or using BookingPam, you confirm that you are at least 18 years of age, have the legal authority to enter into these Terms, and agree to comply with all applicable laws and regulations. If you are using BookingPam on behalf of a business, you represent that you have the authority to bind that business to these Terms.

We reserve the right to update or modify these Terms at any time. We will notify you of material changes by posting a notice on our website or sending an email to the address associated with your account. Continued use of the Platform after changes take effect constitutes acceptance of the updated Terms.

3. Using BookingPam — Vendor Accounts

3.1 Account Registration

To use BookingPam as a Vendor, you must create an account by providing accurate and complete information including your business name, email address, and industry. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately at info@bookingpam.com of any unauthorized use of your account.

3.2 Account Responsibilities

As a Vendor, you agree to:

Provide accurate, current, and complete information about your business and services.
Keep your account information up to date at all times.
Comply with all applicable local, state, national, and international laws and regulations.
Obtain all necessary licenses, permits, and certifications required to offer your services.
Treat all Clients with respect and professionalism.
Honor all confirmed bookings or provide adequate notice of cancellation.
Respond promptly to client inquiries and disputes.

3.3 Staff Accounts

Vendors may create sub-accounts for their staff members. Each staff member is subject to these Terms. The Vendor is responsible for all actions taken by their staff members on the Platform.

3.4 Prohibited Use

You agree not to use BookingPam to:

Offer illegal services or services that violate applicable law.
Engage in fraudulent, deceptive, or misleading practices.
Harass, abuse, threaten, or discriminate against any Client or User.
Upload or transmit viruses, malware, or any harmful code.
Scrape, copy, or reproduce any part of the Platform without written permission.
Attempt to gain unauthorized access to any part of the Platform or its systems.
Use the Platform to send unsolicited commercial communications (spam).
Impersonate any person or entity or misrepresent your affiliation with any person or entity.
Circumvent or attempt to circumvent any billing or payment systems.
Collect or store personal data about other Users without their consent.

4. Booking Page & Client Relationships

4.1 Vendor Booking Pages

Each Vendor receives a unique booking page at {slug}.bookingpam.com. Vendors may customize their booking page with their logo, brand colors, services, pricing, staff availability, and other business information. Vendors on eligible plans may also use a custom domain.

4.2 Client Bookings

When a Client books a service through a Vendor's booking page, the booking contract is formed directly between the Vendor and the Client. BookingPam is not a party to that transaction. BookingPam provides the technology platform that facilitates the booking — we do not provide the services themselves.

4.3 Vendor Responsibility to Clients

Vendors are solely responsible for:

The quality and delivery of services offered through their booking page.
Setting and communicating their cancellation, refund, and no-show policies.
All communications with their Clients.
Resolving disputes with Clients directly.
Ensuring their services comply with all applicable laws and professional standards.

4.4 Client Conduct

Clients using a Vendor's booking page agree to provide accurate information when booking, honor their appointments or cancel with adequate notice, and treat Vendors and their staff with respect.

5. Payments & Billing

5.1 Subscription Plans

BookingPam offers the following subscription plans:

Free — $0/month, includes basic booking functionality with limited features.
Starter — $9.99/month, includes payments, SMS reminders, and additional features.
Pro — $49.99/month, includes calendar sync, custom domain, intake forms, private deals, and more.
Business — $99.99/month, includes multiple locations, HIPAA BAA, audit logs, and enterprise features.

All prices are in USD. Annual billing is available at a discounted rate. Plans and pricing are subject to change with 30 days' notice to existing subscribers.

5.2 Payment Processing

Subscription payments are processed securely through Stripe. By providing your payment information, you authorize BookingPam to charge your payment method for the applicable subscription fees. All payments are subject to Stripe's terms of service.

5.3 Client Payments to Vendors

BookingPam enables Vendors to accept payments from their Clients through Stripe. When a Client pays for a service:

Funds are transferred directly to the Vendor's Stripe account.
BookingPam does not take a commission or percentage of any booking payment.
The Vendor is responsible for all refunds, chargebacks, and disputes with their Clients.
Stripe's standard processing fees apply and are separate from BookingPam's subscription fees.

5.4 Free Trial

Paid plans include a 7-day free trial. No charge is made until the trial period ends. You may cancel before the trial ends to avoid being charged. Only one free trial per business account is permitted.

5.5 Cancellations & Refunds

You may cancel your BookingPam subscription at any time from your dashboard. Upon cancellation:

Your account will remain active until the end of your current billing period.
No refunds are issued for partial billing periods.
Your account will be downgraded to the Free plan at the end of the billing period.
All your data will be retained for 90 days after downgrade before permanent deletion.

BookingPam does not offer refunds for subscription fees already charged, except where required by applicable law.

5.6 Failed Payments

If a payment fails, we will notify you by email and attempt to retry the payment. If payment cannot be collected after reasonable attempts, your account may be downgraded or suspended until payment is resolved.

5.7 Private Deals

Vendors on Pro and Business plans may create Private Deals — custom recurring payment arrangements with individual Clients at negotiated prices. Private Deals are processed through Stripe. BookingPam is not responsible for the terms negotiated between Vendors and Clients in Private Deals. Failed Private Deal payments follow the same notification and retry procedures described above.

6. Intellectual Property

6.1 BookingPam Intellectual Property

All content, features, and functionality of the BookingPam Platform — including but not limited to the software, code, design, logos, trademarks, text, and graphics — are owned by BookingPam and are protected by applicable intellectual property laws. You may not copy, reproduce, distribute, modify, or create derivative works of any part of the Platform without our prior written consent.

6.2 Your Content

You retain ownership of all content you upload to BookingPam, including your business name, logo, service descriptions, photos, and client data. By uploading content to BookingPam, you grant us a non-exclusive, worldwide, royalty-free license to use, display, and process that content solely for the purpose of providing the Services to you.

6.3 Feedback

If you submit feedback, suggestions, or ideas about BookingPam, you grant us the right to use that feedback without any obligation to compensate you.

7. Reviews

7.1 Client Reviews of Vendors

Clients may leave reviews of Vendors through the Platform. Reviews must be honest, accurate, and based on genuine experience. Vendors may not offer incentives in exchange for positive reviews or attempt to manipulate the review system in any way.

7.2 Vendor Reviews of BookingPam

Vendors may submit reviews of the BookingPam platform. Reviews with 4 or more stars are published automatically. Reviews below 4 stars are subject to moderation before publication. BookingPam reserves the right to remove reviews that violate these Terms or contain false, defamatory, or inappropriate content.

7.3 Review Requests

Vendors may use BookingPam's built-in review request tools to invite existing clients to leave reviews. Vendors are limited to 5 manual review invitations per month. Review invitations must not be used to solicit fake or misleading reviews.

8. Data, Privacy & Security

8.1 Data Ownership

All client data collected through a Vendor's booking page belongs to the Vendor. BookingPam processes this data on behalf of the Vendor as a data processor. We will not sell, rent, or share Vendor client data with third parties except as necessary to provide the Services or as required by law.

8.2 Data Security

BookingPam implements industry-standard security measures including HTTPS encryption, bcrypt password hashing, rate limiting, and security headers to protect your data. However, no system is 100% secure. You are responsible for maintaining the security of your account credentials.

8.3 Privacy Policy

Your use of BookingPam is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

8.4 HIPAA

Business plan subscribers may request a HIPAA Business Associate Agreement (BAA) from BookingPam. Vendors who collect Protected Health Information (PHI) are responsible for ensuring their use of BookingPam complies with HIPAA requirements.

9. Automated Communications

BookingPam sends automated emails and SMS messages on behalf of Vendors to their Clients, including booking confirmations, reminders, follow-ups, and review requests. By using BookingPam, Vendors authorize BookingPam to send these communications on their behalf. Vendors are responsible for ensuring their use of these features complies with applicable anti-spam and telemarketing laws including CAN-SPAM and TCPA.

10. Third-Party Services

BookingPam integrates with third-party services including Stripe (payments), Google Calendar, Mailchimp, and others. Your use of these integrations is subject to the respective third party's terms of service and privacy policies. BookingPam is not responsible for the actions or failures of any third-party services.

11. Affiliates

BookingPam operates an affiliate program through affiliates.bookingpam.com. Affiliates who refer new Vendors to BookingPam may earn commissions as described in the Affiliate Program Terms. Affiliate commissions are paid at BookingPam's discretion and may be adjusted or terminated at any time with reasonable notice.

12. Disclaimers

THE BOOKINGPAM PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, BOOKINGPAM DISCLAIMS ALL WARRANTIES INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

BookingPam does not warrant that:

The Platform will be uninterrupted, error-free, or completely secure.
Any errors or defects will be corrected.
The Platform or servers are free of viruses or other harmful components.
The results obtained from using the Platform will be accurate or reliable.

13. Limitation of Liability

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

IN NO EVENT SHALL BOOKINGPAM'S TOTAL LIABILITY TO YOU EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO BOOKINGPAM IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) $100 USD.

14. Indemnification

You agree to indemnify, defend, and hold harmless BookingPam and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with:

Your use of the Platform.
Your violation of these Terms.
Your violation of any third-party rights.
Any dispute between you and a Client or Vendor.
Any content you submit to the Platform.

15. Suspension & Termination

15.1 By You

You may terminate your BookingPam account at any time by canceling your subscription and deleting your account from the Settings panel in your dashboard. Upon termination, your data will be retained for 90 days and then permanently deleted.

15.2 By BookingPam

BookingPam reserves the right to suspend or terminate your account at any time, with or without notice, if:

You violate any provision of these Terms.
We receive credible reports of fraudulent, abusive, or illegal activity.
Your account poses a risk to other Users or to the Platform.
Required by law or a government authority.
Your subscription payment fails and cannot be resolved within a reasonable time.

We will make reasonable efforts to notify you before suspension or termination except where immediate action is required.

16. Governing Law & Disputes

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to conflict of law principles. Any dispute arising out of or relating to these Terms or your use of BookingPam shall be resolved through binding arbitration in accordance with the American Arbitration Association rules, except that either party may seek injunctive relief in a court of competent jurisdiction for intellectual property infringement or other urgent matters.

You waive any right to participate in a class action lawsuit or class-wide arbitration against BookingPam.

17. Changes to the Platform

BookingPam reserves the right to modify, suspend, or discontinue any part of the Platform at any time with reasonable notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Platform.

18. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and BookingPam regarding your use of the Platform and supersede all prior agreements, understandings, and representations.

19. Contact Us

If you have any questions about these Terms of Service, please contact us:

Email: info@bookingpam.com
Website: bookingpam.com