Terms of Use
These Terms of Use govern your access to and use of BookMo. By using our Services, you agree to be bound by these terms. Please read them carefully.
Acceptance of Terms
Welcome to BookMo. By accessing or using BookMo (collectively, including all content and functionality available through the bookmo.com domain, mobile applications, and other services provided by us, referred to as the "Site" or "Services"), you ("User") accept these Terms of Use ("Agreement"), including our Privacy Policy, which is incorporated by reference, and agree to be bound by these terms and all applicable laws.
The Privacy Policy is available for review here: bookmo.com/privacy-policy
If you do not agree to these terms, please do not use the Services.
Use of Site
The Site is not intended for and may not be used by individuals under thirteen years of age. By registering a BookMo account, you represent that you are at least eighteen years of age and legally permitted to enter binding contracts.
The information, messages, files, images, and any other content provided to us by Users ("User Submissions") and published or otherwise made available on the Site is not endorsed by BookMo. Users are solely responsible for the submissions they post. Users retain all ownership rights in their own User Submissions. However, by submitting User Submissions to the Site, Users grant BookMo a non-exclusive, worldwide, irrevocable, transferable, royalty-free, and perpetual right to use the User Submissions in any manner or media now or later developed, for any purpose, including commercial, advertising, or otherwise, including the right to translate, display, sub-license, reproduce, create derivative works, distribute, assign and commercialize, without any payment due to User. User Submissions are not confidential or proprietary.
Third-Party Software Integrations
BookMo integrates with a number of third-party apps and software platforms to allow for greater functionality and expanded service offerings. Some examples of these integrations include payment processors such as Stripe and Square, for which the BookMo user must maintain their own account with each respective service.
Users may access content, products, or services from these third parties through hyperlinks, APIs, or other means. If you access any third-party content, products, or services through the Site, you should be aware of the separate Privacy Policies and Terms of Use for those third parties.
BookMo does not represent either the seller or buyer in any transaction facilitated through third-party integrations, and has no control over and is not liable for the quality, safety, lawfulness, or availability of any products or services offered. The User agrees that BookMo shall not be liable or responsible for any damages, claims, liabilities, costs, harms, inconveniences, privacy law violations, data breaches, business disruptions, or expenditures of any kind that may arise as a result of or in connection with any transactions carried out through these third-party integrations. In the event that any User has a dispute with any party to a transaction, the User agrees to release, hold harmless, and indemnify BookMo from all claims, demands, actions, proceedings, costs, expenses, and damages arising out of or in connection with any transaction or dispute.
Subscription Fees for Paid Services
BookMo offers a free basic plan, but you may choose to upgrade to a paid subscription. You agree to pay all applicable fees related to your use of the Site and any services provided by BookMo as described on the BookMo pricing page.
By providing a payment method, you expressly authorize BookMo to charge the applicable cost of services, and other costs such as taxes, at regular intervals as set forth in each paid product description. BookMo will automatically renew and charge your payment method based on the subscription plan chosen. Payments are non-refundable, but BookMo may consider a request to refund a past payment on a case-by-case basis.
Paid accounts will automatically renew at the start of each new subscription period unless you downgrade or cancel. Downgrading or cancellation will be effective immediately and you will not be entitled to a refund for the remainder of the unused subscription period. You may downgrade or cancel your BookMo account by navigating through the settings in the BookMo product or by emailing support@bookmo.com.
Electronic Communications
By using the Site or registering for BookMo, you consent to receive electronic communications from us. These may include operationally essential messages about topics including but not limited to: changes to your account settings; appointments that have been created, modified, or cancelled in your account; payment receipts, notices of delinquent payment, or other transactional information; and other messages consistent with our Privacy Policy.
BookMo may also send you educational or promotional messaging about new features, product offerings, or services that it determines may be relevant to you. You have the ability to opt out of any non-essential messaging at any time; please refer to the BookMo Privacy Policy for more information.
Rules of Conduct
The following rules apply to your use of the Site and to all User Submissions. As a User, you agree not to:
- Post User Submissions that are libelous, hateful, inflammatory, illegal, inaccurate, malicious, false, pornographic, defamatory, harmful to others, obscene, sexually explicit, harassing, vulgar, violent, racially or ethnically offensive, or otherwise objectionable.
- Post User Submissions that are invasive of privacy, publicity, intellectual property, proprietary, or contractual rights.
- Post photos or videos of another person without that person's consent.
- Post any advertising, solicitation, or commercial content on the Site that is not authorized by BookMo.
- Post User Submissions or take any action on the Site that violates any law, creates liability, or promotes illegal activities.
- Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
- Promote software or services that deliver unsolicited email or contain viruses, Trojan horses, worms, time bombs, or other harmful code.
- Engage in any systematic retrieval of content or information from the Site to create or compile a collection, compilation, database, or directory without written permission.
- Solicit personal information from anyone under the age of 18.
- Post the personal information of another person without that person's permission.
- Use another User's account or modify or remove another User's User Submissions without their permission.
Accuracy of Information
Although BookMo updates information on the Site periodically, BookMo does not guarantee that the information or material is error-free or complete. BookMo reserves the right to revise or change information on the Site without prior notice and to correct any information at any time.
All prices are available for a limited time only, and BookMo reserves the right to change any price without notice. Current promotions, sales, and discounts are not valid towards previously purchased services. In the event where BookMo's cost to provide a service (namely SMS and Email) exceeds the revenue derived from the Customer, BookMo reserves the right to cancel, revise, modify pricing, or refuse service.
Third-Party Links and Content
Links and references to third-party websites are provided for convenience only. BookMo does not expressly or implicitly endorse any information, materials, or services offered on third-party sites, nor their accessibility or security. BookMo does not assume any responsibility or liability for third-party sites and makes no representations or warranties with respect to these sites.
BookMo and its service providers do not guarantee the accuracy or completeness of the Site's content. Vendors of BookMo may furnish certain information available to the User, including certain product data and opinions. User agrees to indemnify BookMo, its service providers, and affiliates against all losses or damages resulting from User's reliance on any information, opinion, or advice obtained through the Site.
Termination
BookMo reserves the right, in its sole discretion, to terminate any User account and any User Submissions, and restrict User's access to all or any part of the Site, for any or no reason, without notice, and without liability to any User or anyone else.
These Terms of Use are applicable to any User who accesses, registers, or purchases anything on the Site. The terms of this Termination section, along with Indemnity, Intellectual Property, Limitation of Liability and Disclaimer of Warranties, and Governing Law sections, will survive any termination of service or use of the Site.
Indemnity
User agrees to indemnify BookMo and its service providers and affiliates against all losses or damages, including reasonable attorney's fees, resulting from or relating in any way to their User Submissions, use of the Site, any violation of this Agreement or Privacy Policy, any law, or the rights of any third party, or any activity on the User's account by another third party.
Intellectual Property
The Site is owned by BookMo. The BookMo name, logo, and site content — including all pictures, slogans, text, colors, designs, graphics, images, icons, buttons, code, and software — are all subject to trademark, copyright, and other applicable intellectual property rights and laws. Third-party trademarks, product names, and logos on the Site are the property of their respective owners.
BookMo retains sole rights for all use, production, and copy of its trademarks, and any misuse is strictly prohibited. BookMo trademarks may not be copied, reproduced, modified, downloaded, published, exploited, or transmitted without first obtaining written permission from BookMo.
User warrants that they own all rights in any User Submissions posted to the Site and agrees not to post, modify, distribute, or reproduce User Submissions that belong to another person without first obtaining the owner's permission.
Limitation of Liability and Disclaimer of Warranties
BookMo provides the Site "as is" and does not make any warranties, express or implied, about the serviceability, merchantability, fitness for a particular purpose, or content of the Site. BookMo further does not warrant that its Site or applicable server is free from viruses or other potentially harmful code.
Neither BookMo nor any of its service providers shall be liable for any claims arising from any use or inability to use products or services, privacy law violations, data breaches, the conduct of other site users, malfunctions or defects in the Site, lack of privacy or security when using the Site, or for any loss of profits, data, or business.
In no event shall BookMo be liable for damages in excess of the fees paid by User to BookMo in the three months preceding the claim. This limitation shall not apply to death or personal injury to the extent that applicable law prohibits such limitation. BookMo reserves the right to change or discontinue at any time any aspect or feature of this Site.
Privacy
BookMo is not currently HIPAA compliant. Users are solely responsible for compliance with HIPAA, HITECH, and similar data protection and privacy laws.
This Agreement incorporates by reference the BookMo Privacy Policy. BookMo and its affiliates will handle any Personal Data relating to the personnel of User, User's affiliates, and third parties acting on behalf of User that is provided to BookMo for the purposes of this Agreement in accordance with the BookMo Privacy Policy.
User represents and warrants that it is entitled in accordance with applicable laws to provide such Personal Data to BookMo, its affiliates, and third parties acting on BookMo's behalf for the purposes of this Agreement. User acknowledges that the Personal Data may be transferred to other countries outside the domicile of User or its personnel.
Governing Law
This Agreement shall be governed by applicable laws without giving effect to any conflict of law principles. The provisions of this Agreement will be deemed severable, and the invalidity or unenforceability of any provision will not affect the validity or enforceability of any other provision.
If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at support@bookmo.com.