Terms of Service

These Terms of Service (the “Terms”) govern your access to and use of the EvieBooking platform, websites and related services (the “Service”), which are provided by Evie Software Ltd, a company registered in England and Wales under number [COMPANY NUMBER], with its registered office at [REGISTERED OFFICE ADDRESS] (“EvieBooking”, “we”, “us” or “our”).

By creating an account, or by accessing or using the Service, you agree to these Terms. If you are entering into these Terms on behalf of a business, you confirm that you have authority to bind that business, and “you” and “Business” refer to that business.

1. Definitions

• Business (or Merchant) — a customer of ours that uses the Service to sell and manage bookings, classes, appointments or event tickets.
• Attendee (or End Customer) — a person who books or buys from a Business through the Service.
• Booking — any reservation, ticket, class place, appointment or order made through the Service.
• Platform Fee — our per-transaction fee, described in section 4.
• Stripe — our payments partner, Stripe Payments Europe, Ltd and its affiliates.

2. The Service

EvieBooking provides software that lets a Business publish booking pages, take payments, manage schedules and communicate with its Attendees. We provide the software and payment facilitation only. We are not the seller, organiser or provider of any class, appointment, event or ticket sold through the Service, and we are not a party to any contract between a Business and its Attendees.

3. Accounts and eligibility

You must be at least 18 and provide accurate account information. You are responsible for your account, your team members’ access, and all activity under your account. Keep your credentials secure and tell us promptly of any unauthorised use. We may refuse, suspend or close accounts as described in section 12.

4. Fees, payments and taxes

The Service is offered on subscription tiers. Each tier has a monthly subscription price and a Platform Fee charged on transactions processed through the Service. Current prices and fees are shown on our pricing page and may be updated as described in section 13.

The Platform Fee is charged per processing transaction and is non-refundable. If a Business refunds an Attendee, in whole or in part, the Platform Fee already charged on that transaction is retained by us and is not returned. This reflects the processing cost incurred at the time of the original transaction.

Payments to Businesses are handled by Stripe under Stripe Connect. Each Business connects its own Stripe account and is the merchant of record for its Attendees’ payments; funds settle to the Business’s Stripe account, subject to Stripe’s terms and payout schedule. Your use of Stripe is subject to the Stripe Connected Account Agreement.

Subscription fees are billed in advance and are non-refundable except where required by law. Prices are exclusive of VAT and other applicable taxes, which you are responsible for. You are responsible for determining, collecting and remitting any taxes due on your own sales to Attendees.

5. Business obligations

As a Business, you are solely responsible for:

• the accuracy of your listings, prices, availability and content;
• delivering the classes, appointments or events you sell, and dealing with your Attendees;
• your own terms of sale, cancellation and refund policy, and making these available to your Attendees;
• issuing refunds where you are required to (by law or by your own policy);
• complying with all laws that apply to your business, including consumer protection, licensing and tax law; and
• your obligations as a data controller in respect of your Attendees’ personal data (see section 9).

6. Deposits and scheduled balance payments

The Service lets a Business take a deposit at the time of booking rather than the full price. Where a Business enables deposits:

• for events and classes, the outstanding balance may be automatically charged to the Attendee’s saved payment method a set period before the session;
• for appointments, the balance is collected in person at the appointment;
• deposits are non-refundable unless the Business chooses otherwise or the law requires a refund; and
• if the balance cannot be collected, the Business may cancel the Booking and retain the deposit.

Businesses must clearly disclose these terms to Attendees before payment. The Service presents the deposit amount, the balance amount and the balance date to the Attendee, and requires the Attendee to agree to the automatic charge before the deposit is taken. Businesses remain responsible for the lawfulness of their deposit and cancellation terms under applicable consumer law.

7. Bookings between Businesses and Attendees

A contract for any Booking is formed directly between the Business and the Attendee. We are not responsible for the provision, quality, cancellation or refund of any Booking. Disputes about a Booking are between the Business and the Attendee. Gift cards, credit vouchers, account credit and discount codes are issued and honoured by the Business, not by us.

8. Acceptable use

Your use of the Service must comply with our Acceptable Use Policy. We may remove content or suspend access that breaches it.

9. Data protection

Our handling of personal data is described in our Privacy Policy. Where we process personal data about your Attendees on your behalf, we act as your processor and the Data Processing Agreement applies and forms part of these Terms. You are the controller of your Attendees’ personal data and are responsible for having a lawful basis to collect and share it with us.

10. Intellectual property

We and our licensors own all rights in the Service and its software. We grant you a non-exclusive, non-transferable right to use the Service during your subscription. You retain ownership of the content you upload; you grant us a licence to host and process it to provide the Service. You must not copy, resell, reverse-engineer or create derivative works from the Service except as permitted by law.

11. Availability, support and warranties

We work to keep the Service available and secure but do not guarantee it will be uninterrupted or error-free. The Service is provided “as is” and, to the extent permitted by law, we exclude all implied warranties. Nothing in these Terms excludes liability that cannot be excluded by law.

12. Suspension and termination

You may cancel your subscription at any time; access continues until the end of the paid period. We may suspend or terminate your access if you breach these Terms, fail to pay, or where necessary to protect the Service, our other customers or Attendees. On termination, you may export your data for a reasonable period, after which we may delete it in line with our retention practices.

13. Liability

To the fullest extent permitted by law, we are not liable for indirect or consequential loss, loss of profits, revenue, goodwill or data, and our total liability arising out of or in connection with the Service in any 12-month period is limited to the fees you paid us for the Service in that period. Nothing limits liability for death or personal injury caused by negligence, fraud, or any liability that cannot be limited by law.

14. Changes to these Terms

We may update these Terms from time to time. If we make material changes we will give reasonable notice (for example by email or in the Service). Continued use after the changes take effect means you accept them.

15. Governing law

These Terms are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction, subject to any mandatory rights you have as a consumer.

16. Contact

Evie Software Ltd, [REGISTERED OFFICE ADDRESS]. Email [email protected].