Terms of Service

Welcome to Book & Go. These Terms of Service ("Terms") govern your license to and use of our software-as-a-service (SaaS) platform and related services (collectively, the "Platform"). By subscribing to or using our Platform, you agree to be bound by these Terms.

Please read these Terms carefully before using our Platform. If you do not agree to these Terms, you may not access or use the Platform.

1. Acceptance of Terms

By creating an account, accessing our website, or subscribing to our Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. You represent and warrant that you have the authority to bind your organization ("Client," "you," or "your") to these Terms.

These Terms constitute a legally binding agreement between your organization and Book & Go ("we," "us," or "our").

2. Software License and Services

2.1 SaaS Platform License

Book & Go is a software technology provider that licenses a cloud-based SaaS platform to sports clubs, fitness centers, and related facilities. Our Platform provides the technology infrastructure for Clients to:

• Manage court and facility bookings
• Operate Point of Sale (POS) systems
• Run tournament management
• Administer membership programs
• Process payments
• Generate analytics and reports
• Deploy mobile applications for their customers

2.2 Client Responsibility

You, as the Client, are solely responsible for:

• All services provided to your end users (customers, members, etc.)
• Configuring and managing your own policies, pricing, and terms
• Your relationships with your end users
• Compliance with all applicable laws and regulations in your jurisdiction
• All content, data, and information entered into the Platform
• Customer service and support for your end users

2.3 Book & Go's Role

Book & Go provides only the software technology platform. We do not provide sports club services, do not interact with your end users, and are not responsible for how you use the Platform or conduct your business. We are a technology vendor, not a party to any transaction or relationship between you and your end users.

We reserve the right to modify, update, or discontinue any aspect of the Platform at any time, with reasonable notice when possible.

3. Account Registration and Security

3.1 Account Creation

To use certain features of our Services, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access to your account

3.2 Account Responsibility

You are responsible for all activities that occur under your account. We will not be liable for any loss or damage arising from your failure to maintain the security of your account credentials.

4. Subscription and Payment

4.1 Subscription Plans

Our Services are offered on a subscription basis with various pricing tiers. Subscription details, including pricing and features, are available on our website or by contacting our sales team.

4.2 Payment Terms

• Subscription fees are billed in advance on a monthly or annual basis
• All fees are non-refundable except as required by law or as explicitly stated
• You authorize us to charge your designated payment method for all fees
• Failed payments may result in suspension or termination of Services

4.3 Price Changes

We reserve the right to modify our pricing at any time. Price changes will be communicated at least 30 days in advance and will take effect at the start of your next billing cycle.

5. Acceptable Use Policy

You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Violate any applicable laws or regulations
• Infringe on the intellectual property rights of others
• Transmit any viruses, malware, or harmful code
• Attempt to gain unauthorized access to our systems or networks
• Interfere with or disrupt the Services or servers
• Use the Services for any fraudulent or illegal activity
• Reverse engineer, decompile, or disassemble any aspect of the Services
• Resell, sublicense, or redistribute the Services without authorization

6. Intellectual Property Rights

6.1 Book & Go's Technology

Book & Go owns all rights, title, and interest in the Platform technology, including:

• Software code, architecture, and functionality
• Platform infrastructure and backend systems
• Book & Go branding, logos, and trademarks
• Documentation and technical materials
• Updates, improvements, and modifications to the Platform

All intellectual property rights in the Platform technology are protected by copyright, trademark, and other intellectual property laws. These Terms do not grant you any ownership rights to the Platform technology.

6.2 Client's Intellectual Property

You retain full ownership of all your intellectual property, including:

• Your company name, logos, and trademarks
• Your branding assets (color palettes, design elements, graphics)
• Your content, images, and marketing materials
• Your business name and trade dress
• Any custom content or materials you upload to the Platform

You grant us a limited license to display your branding assets and content solely as necessary to provide the Platform functionality to you and your end users. We make no claim to ownership of your branding or intellectual property.

6.3 Platform License

Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your internal business operations during your subscription period. You may not sublicense, resell, or redistribute the Platform without our prior written consent.

6.4 Client Data Ownership

You own all data, content, and information you and your end users submit to the Platform ("Client Data"), including but not limited to:

• Customer/member information and profiles
• Booking and reservation data
• Transaction and payment records
• Analytics and usage data
• All other content uploaded or generated through the Platform

You grant us a limited license to host, store, and process Client Data solely to provide the Platform functionality. We do not claim any ownership rights to Client Data and will not use, disclose, or access Client Data except as necessary to provide the Platform or as required by law.

7. Data Protection and Privacy

7.1 Data Controller vs. Data Processor

You are the Data Controller for all personal data of your end users. Book & Go acts solely as a Data Processor, processing data only according to your instructions through your use of the Platform.

7.2 Your Responsibilities as Data Controller

As the Data Controller, you are solely responsible for:

• Obtaining all necessary consents from your end users for data collection and processing
• Establishing and publishing your own privacy policies and terms of service
• Ensuring compliance with all applicable data protection laws (GDPR, CCPA, etc.) in your jurisdiction
• Handling data subject requests (access, deletion, portability, etc.)
• Maintaining appropriate legal basis for processing personal data
• Notifying affected parties of any data breaches as required by law

7.3 Book & Go's Role as Data Processor

We will:

• Process data only according to your documented instructions
• Implement appropriate security measures to protect Client Data
• Assist you with data subject requests when technically feasible
• Notify you of any data breaches affecting Client Data
• Delete or return Client Data upon termination, as requested

8. Service Level and Support

8.1 Service Availability

We strive to maintain high service availability but do not guarantee uninterrupted access. Scheduled maintenance will be communicated in advance when possible.

8.2 Customer Support

We provide customer support via email and chat during business hours. Support response times vary based on your subscription tier and the nature of the issue.

9. Warranties and Disclaimers

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING:

• MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT
• UNINTERRUPTED, ERROR-FREE, OR SECURE OPERATION

IMPORTANT: Book & Go is a software technology provider only. We do not:

• Provide, endorse, or guarantee any services offered by Clients to their end users
• Control, review, or validate Client policies, pricing, or business practices
• Assume any responsibility for Client's compliance with laws or regulations
• Warrant that the Platform will meet your specific business requirements
• Guarantee any particular business results or revenue from using the Platform

10. Limitation of Liability

10.1 No Liability for Client's Use of Platform

BOOK & GO SHALL NOT BE LIABLE FOR:

• Any services you provide to your end users using the Platform
• Any disputes between you and your end users, members, or customers
• Your business operations, policies, pricing, or terms of service
• Any content, data, or information you or your end users upload to the Platform
• Your compliance or non-compliance with applicable laws and regulations
• Any decisions you make based on data, analytics, or reports from the Platform
• Actions or omissions of third-party payment processors or service providers

10.2 General Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BOOK & GO AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES
• BUSINESS INTERRUPTION OR LOSS OF GOODWILL
• COST OF SUBSTITUTE SERVICES OR TECHNOLOGY

10.3 Liability Cap

IN NO EVENT SHALL BOOK & GO'S TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT YOU PAID TO US FOR THE PLATFORM IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR €1,000, WHICHEVER IS GREATER.

11. Indemnification

You agree to indemnify, defend, and hold harmless Book & Go and its affiliates, officers, directors, employees, contractors, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use or misuse of the Platform
• Any services you provide to your end users using the Platform
• Your relationships with your end users, members, customers, or third parties
• Any Client Data or content you upload or process through the Platform
• Your violation of these Terms or any applicable laws or regulations
• Your policies, terms of service, pricing, or business practices
• Any disputes between you and your end users
• Your failure to comply with data protection laws or obtain necessary consents
• Infringement of any intellectual property or other rights of third parties

12. Term and Termination

12.1 Term

These Terms begin when you first access the Services and continue until terminated by either party.

12.2 Termination by You

You may terminate your subscription at any time through your account settings or by contacting us. Termination will be effective at the end of your current billing period.

12.3 Termination by Us

We may suspend or terminate your access to the Services immediately if:

• You breach these Terms
• Your payment fails or your account is past due
• We are required to do so by law
• We cease providing the Services

12.4 Effect of Termination

Upon termination, your right to access and use the Services will immediately cease. We will provide you with the ability to export your Client Data for 30 days following termination, after which we may delete your data in accordance with our data retention policies.

13. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes via email or through the Services. Your continued use of the Services after such modifications constitutes acceptance of the updated Terms.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Spain, without regard to its conflict of law provisions.

Any disputes arising out of or relating to these Terms or the Services shall be resolved through good faith negotiations. If negotiations fail, disputes shall be submitted to the exclusive jurisdiction of the courts of Madrid, Spain.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Book & Go regarding the Services.

15.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

15.3 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

15.4 Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms without restriction.

16. Contact Information

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

• By email: support@bookandgo.app
• By visiting our contact page at bookandgo.app/contact