BookingAgent
Effective Date: 10/01/2025
Last Updated: 10/01/2025
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.
IMPORTANT: SECTION 15 CONTAINS A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS REGARDING DISPUTES.
You must be at least 13 years of age to use the Platform. By using the Platform, you represent and warrant that:
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.
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.
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.
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.
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.
You agree not to:
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.
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.
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.
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.
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.
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.
You are responsible for all applicable taxes, excluding taxes based solely on BookingAgent’s net income.
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.
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.
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:
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.
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.
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:
These Terms remain in effect until terminated by either party.
Either party may terminate these Terms:
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.
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.
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.
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.
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.
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.
IF A DISPUTE PROCEEDS IN COURT, BOTH PARTIES WAIVE THE RIGHT TO A JURY TRIAL.
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.
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.
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.
These Terms constitute the entire agreement between the parties regarding the Platform and supersede all prior agreements.
If any provision is found invalid, the remaining provisions shall continue in full effect.
Our failure to enforce any provision does not constitute a waiver of that provision.
You may not assign these Terms without our written consent. We may assign these Terms without restriction.
Neither party is liable for delays due to circumstances beyond reasonable control, including acts of God, natural disasters, government actions, or widespread technical failures.
Notices must be sent in writing to the addresses specified in your account or to legal@bookingagent.com
These Terms do not create any third-party beneficiary rights except as expressly stated.
For questions about these Terms, contact us at:
