Last updated: April 17, 2025.

Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy (https://www.bookingkoala.com/privacy-policy), and relevant agreements incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

1. AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“You” or “Merchant” or “User”) and BookingKoala, LLC, doing business as BookingKoala (“BookingKoala,” “We,” or “Company”), concerning your access to and use of the https://www.bookingkoala.com website as well as any other media form, media channel, website, subsidiary, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). We are registered in Illinois, United States. You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Use, including Privacy Policy, and Agreements posted on the Site, which are incorporated into these Terms of Use.

IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is intended for users who are at least 18 years old or or at least the age of majority in the jurisdiction where you reside and from which you use the Services. Persons under the age of 18 are not permitted to use or register for the Site.

2. ACCOUNT REGISTRATION

1. In order to access certain features of the Site or to post content on the Site you must register to create an account (“Account“). You must complete the registration process by providing us with current, complete and accurate information. You will also choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. You agree to notify BookingKoala immediately of any unauthorized use of your Account or any other breach of security. You will not share your password, let anyone else access your Account, or do anything else that might jeopardize the security of your Account. You will not transfer your Account to anyone without first getting our written permission. BookingKoala may reject your application for an Account, or cancel an existing Account, for any reason, at our sole discretion.
2. You confirm that you are receiving any Services provided by BookingKoala for the purposes of carrying on a business activity and not for any personal, household or family purpose.
3. You acknowledge that BookingKoala will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you (“Primary Email Address”). You must monitor the Primary Email Address you provide to BookingKoala and your Primary Email Address must be capable of both sending and receiving messages. Your email communications with BookingKoala can only be authenticated if they come from your Primary Email Address.
4. You are responsible for keeping your password secure. BookingKoala cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
5. Technical support in respect of the Services is only provided to BookingKoala Users. Questions about the Terms of Use should be sent to BookingKoala Support.
6. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission by BookingKoala.
7. The person signing up for the Service by opening an Account will be the contracting party (“Store Owner ”) for the purposes of our Terms of Use and will be the person who is authorized to use any corresponding Account we may provide to the Store Owner in connection with the Service. You are responsible for ensuring that the name of the Store Owner (including the legal name of the company that owns the Store, if applicable) is clearly visible on the Store’s website.
8. If you are signing up for the Services on behalf of your employer, your employer will be the Store Owner. If you are signing up for the Services on behalf of your employer, then you must use your employer-issued email address and you represent and warrant that you have the authority to bind your employer to our Terms of Use.
9. You understand that your Materials may be transferred unencrypted and involve (a) transmissions   over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. “Materials” means Your Trademarks, copyright content, any products or services you sell through the Services (including description and price), and any photos, images, videos, graphics, written content, audio files, code, information, or other data provided or made available by you or your affiliates to BookingKoala or its affiliates.
10. When allowing BookingKoala or third parties access to your account(s), host or any other personal or business information, you do so at your own risk. We advise you to change your details within 10 days of sending over the details.

3. INTELLECTUAL PROPERTY RIGHTS

3.1 BookingKoala Intellectual Property

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

3.2 Your Materials

We do not claim ownership of the Materials you provide to BookingKoala; however, we do require a license to those Materials. You grant BookingKoala a nonexclusive, transferable, sub-licensable, royalty-free, worldwide right and license to host, use, distribute, expose, modify, run, copy, store, publicly perform, communicate to the public (including by telecommunication), broadcast, reproduce, make available, display, and translate, and create derivative works of any Materials provided by you in connection with the Services. We may use our rights under this license to operate, provide, and promote the Services and to perform our obligations and exercise our rights under the Terms of Use. You represent, warrant, and agree that you have all necessary rights in the Materials to grant this license. You irrevocably waive any and all moral rights you may have in the Materials in favor of BookingKoala and agree that this waiver may be invoked by anyone who obtains rights in the materials through BookingKoala, including anyone to whom BookingKoala may transfer or grant (including by way of license or sublicense) any rights in the Materials.

If you owned the Materials before providing them to BookingKoala then, despite uploading them to your BookingKoala Store they remain yours, subject to any rights or licenses granted in the Terms of Use or elsewhere. You can remove your BookingKoala Store at any time by deleting your Account. Removing your BookingKoala Store does not terminate any rights or licenses granted to the Materials that BookingKoala requires to exercise any rights or perform any obligations that arose during the Term.

3.3 Monitoring and Enforcement; Termination

You agree that BookingKoala can, at any time, review and delete any or all of the Materials submitted to the Services, although BookingKoala is not obligated to do so.

We have the right to:

• Take any action with respect to any Materials that we deem necessary or appropriate in our sole discretion, including if we believe that such Materials violate the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
• Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.

YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all Materials before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

3.4 DMCA Notice and Takedown Procedure

BookingKoala underpins the insurance of protected innovation and requests that BookingKoala users do likewise. It’s our approach to react to all notifications of charged copyright infringement. On the off chance that somebody trusts that one of our vendors is encroaching their protected innovation rights, they can send a DMCA Notice to BookingKoala’s assigned specialist utilizing our frame. After getting a DMCA Notice, we may evacuate or cripple access to the Materials guaranteed to be a copyright encroachment. Once furnished with a notice of takedown, the dealer can answer with a counter-notice utilizing our shape in the event that they protest the grievance. The first complainant has 7 business days after we get a counter-notice to look for a court arrangement limiting the vendor from taking part in the encroaching movement, or else we reestablish the material.

4. USER REPRESENTATIONS

By using the Site, you represent and warrant that:

• (1) all registration information you submit will be true, accurate, current, and complete;
• (2) you will maintain the accuracy of such information and promptly update such registration information as necessary;
• (3) you have the legal capacity and you agree to comply with these Terms of Use;
• (4) you are not a minor in the jurisdiction in which you reside;
• (5) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise;
• (6) you will not use the Site for any illegal or unauthorized purpose; and
• (7) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

5. FEES AND PAYMENT

5.1 You will pay the Fees pertinent to your membership to Online Service as well as POS Services (“Subscription Fees”) and some other relevant charges, including yet not restricted to expenses identifying with the handling of exchanges under your Account (“Transaction Fees”), and any expenses identifying with your buy of any items or administrations, for example, POS Equipment, shipping, applications, Themes, area names or Third Party Services (“Additional Fees”). Together, the Subscription Fees, Transaction Fees and Additional Fees are alluded to as the “Charges”.

5.2 You must keep a valid payment method on file with us to pay for all incurred and recurring Fees. BookingKoala will charge applicable Fees to any valid payment method that you authorize (“Authorized Payment Method”), and BookingKoala will continue to charge the Authorized Payment Method for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in U.S. dollars, and all payments will be in U.S. currency.

5.3 Subscription Fees are paid in advance and will be billed in monthly intervals (each such date, a “Billing Date”). Transaction Fees and Additional Fees will be charged from time to time at BookingKoala’s discretion. You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will be sent to the Store Owner via the Primary Email Address provided. As well, an invoice will appear on the Account page of your Store’s administrative console. Users have approximately two weeks to bring up and settle any issues with the billing of Subscription Fees. We accept the following forms of payment:

• PayPal
• Discover
• American Express
• Mastercard
• Visa

5.4 You agree to pay all charges, fees and taxes at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation.

5.5 We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Site.

5.6 All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services (“Taxes”). You are responsible for all applicable Taxes that arise from or as a result of any sale on your BookingKoala Store or your use of the Services. To the extent that BookingKoala charges these Taxes, they are calculated using the tax rates that apply based on the billing address you provide to us. Such amounts are in addition to the Fees for such products and services and will be billed to your Authorized Payment Method. If you are exempt from payment of such Taxes, you must provide us with evidence of your exemption, which in some jurisdictions includes an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive evidence satisfactory to BookingKoala of your exemption. If you are not charged Taxes by BookingKoala, you are responsible for determining if Taxes are payable, and if so, self-remitting Taxes to the appropriate tax authorities in your jurisdiction.

5.7 The Services are not a marketplace. Any contract of sale made through the Services is directly between you and the customer.

5.8 If you are a resident in Canada, you are in charge of all appropriate Taxes that emerge from or because of your membership to or buy of BookingKoala’s items and administrations. These Taxes depend on the rates pertinent to the Canadian charging address you give to us. Such sums are notwithstanding the Fees for such items and benefits and will be charged to your Authorized Payment Method. In the event that you are absolved from installment of such Taxes, you should give us a unique declaration that fulfills material legitimate necessities bearing witness to charge excluded status. Expense exception will just apply from and after the date we get such a testament.

5.9 If you are a resident in the U.S., Taxes may apply to your membership to or buy of a few or the greater part of BookingKoala’s items and administrations, including without confinement, your membership to or buy of BookingKoala’s Online Services, POS Services, POS Equipment, applications, Themes and spaces (“Taxable Offerings”). Any relevant Taxes depend on the rates pertinent to the U.S. charging address you give to us, and will be computed at the season of procurement of the relevant Taxable Offerings. Such sums are notwithstanding the Fees for the Taxable Offerings and will be charged to your Authorized Payment Method. In the event that you are excluded from installment of such Taxes, you should give us a unique authentication that fulfills relevant legitimate prerequisites bearing witness to impose absolved status. Assessment exception will just apply from and after the date we get such a declaration.

5.10 To the degree that you are an individual and not an organization or other legitimate substance, and your area of use changes to a place in Canada or the U.S., you should exhort us instantly by email to [email protected].

6. REFUND AND OTHER FEES

6.1 In case of a refund on any subscription plan of the BookingKoala software, the time limit of 30 days after the payment was made for the current month will a refund be allowed. 31 days pass and a refund will not be allowed.

6.2 In the case of a refund on digital training including but not limited to BookingKoala Education, after the purchase of any of these products and services you have 30 days to receive a full refund so long no material has been opened or consumed.

6.3 Gifting of courses are allowed but are limited to one user. Once a course has been bought and gifted it cannot be gifted again or re-gifted. BookingKoala reserves the right to pursue any person who does not follow these guidelines.

6.4 Discounts are subject to review if BookingKoala sees a discrepancy in a discount we are not liable to honor such discount.

6.5 In regards to the BookingKoala affiliate program, all commission fees are covered on our Affiliate page (https://www.bookingkoala.com/affiliate/). In order to receive commissions, your referral must have been charged for the month and no refund was given. BookingKoala will not be held liable for any system errors or miscalculations of commissions that are calculated by us, a third party service or manual error. You cannot use your own link to sign up and gain commission. If you are an existing user of the BookingKoala software, you also cannot re-sign up using someone else’s link. Commission will be rewarded only for those who are new to BookingKoala and have not used the services before. In order to promote BookingKoala products, you will need to provide either an SSN or EIN number to properly pay taxes for all commissions earned. Occasional bonuses may be given and are listed on the affiliate pages that you are promoting. Affiliate commissions are subject to change or termination at any time without notice.

6.6 When providing us with your SSN or EIN number (applicable for affiliates only), we delete all of your records after you let us know that you no longer wish to continue as an affiliate AND to delete all of your existing records that we have on file.

6.7 Any balance owed to BookingKoala will result in a $100 fine per day until payment is completed.

7. Modifications to the Service and Prices

7.1 We reserve the right, in our sole and absolute discretion, to update or change any portion of the Terms of Use at any time. We will provide you with reasonable advance notice of changes to the Terms of Use vice that materially adversely affect your use of the Services or your rights under the Terms of Use by sending an email to the Primary Email Address, or providing notice through the BookingKoala administrative console, or by similar means. However, BookingKoala may make changes that materially adversely affect your use of the Services or your rights under the Terms of Use at any time and with immediate effect (i) for legal, regulatory, fraud and abuse prevention, or security reasons; or (ii) to restrict products or activities that we deem unsafe, inappropriate, or offensive.

7.2 BookingKoala may change the Fees for the Services from time-to-time. We will provide you with 30 days advanced notice prior to any changes in Fees by sending an email to the Primary Email Account, providing notice through the BookingKoala administrative console, or by similar means. BookingKoala will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services (or any part thereof).

7.3 In regards to all BookingKoala contests, BookingKoala reserves the right to change or terminate at any time the terms of any and all contests if we see fit.

8. BookingKoala Rights

8.1 The Services have a range of features and functionalities. Not all Services or features will be available to all Merchants at all times and we are under no obligation to make any Services or features available in any jurisdiction. Except where prohibited in these Terms of Use or by applicable law, we reserve the right to modify the Services or any part thereof for any reason, without notice and at any time.

8.2 BookingKoala does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from any part of the Services, including if we determine in our sole discretion that the goods or services that you offer through the Services, or the Materials uploaded or posted to the Services, violate our Policies or these Terms of Use.

8.3 Verbal or written abuse of any kind (including threats of abuse or retribution, lawsuits) of any BookingKoala employee, member, or officer or Company will result in immediate Account termination.

8.4 We reserve the right to provide our Services to anyone and any of your competitors and make no promise of exclusivity. You further acknowledge and agree that BookingKoala employees, contractors, affiliates, 3rd parties, and anyone associated with BookingKoala may also be BookingKoala customers or merchants and that they may compete with you, although they may not use your Confidential Information in doing so.

8.5 In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, or confirmation of your status as an employee of an entity.

8.6 BookingKoala reserves the right to determine, in our sole discretion, rightful Account ownership and transfer an Account to the rightful Store Owner. If we are unable to reasonably determine the rightful Store Owner, without prejudice to our other rights and remedies, BookingKoala reserves the right to temporarily suspend or disable an Account until resolution has been determined between the disputing parties.

8.7 BookingKoala reserves the right to access your account for any reason without permission. Typically in order to find and resolve bugs and technical issues.

8.8 We claim all authority to deny assistance to anybody for any reason whenever without liability. We also claim authority to offer different customer service levels and help depending on user subscription plan.

9. FREE TRIAL

We offer a 14-day free trial to new users who register with the Site. The account will be charged
according to the user’s chosen subscription at the end of the free trial automatically.

10. CANCELLATION

You can cancel your subscription at any time by logging into your account or contacting us using the contact information provided below. Your cancellation will take effect at the end of the current paid term. If you are unsatisfied with our services, please email us at [email protected] or call us at (800) 671-9655.

11. SOFTWARE

We may include software for use in connection with our services. If such software is accompanied by an end user license agreement (“EULA”), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, then we grant to you a non-exclusive, revocable, personal, and non-transferable license to use such software solely in connection with our services and in accordance with these Terms of Use. Any Software and any related documentation is provided “as is” without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You accept any and all risk arising out of use or performance of any Software. You may not reproduce or redistribute any software except in accordance with the EULA or these Terms of Use.

12. PROHIBITED ACTIVITIES

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with out Policies and these Terms of Use.
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm BookingKoala or users of the Website, or expose them to liability.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Website.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.

13. MOBILE APPLICATION LICENSE

13.1 Use License

If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use. You shall not:

• (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application;
• (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;
• (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application;
• (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application;
• (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
• (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;
• (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application;
• (8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or
• (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

13.2 Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Site:

• (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s Terms of Use;
• (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application;
• (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;
• (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties;
• (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and
• (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.

14. SOCIAL MEDIA

As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either:

• (1) providing your Third-Party Account login information through the Site; or
• (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.

You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third- Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time.

PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.

We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address associated with a Third- Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

15. SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, other information regarding the Site (“Submissions“) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

16. THIRD-PARTY WEBSITES AND CONTENT

The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites“) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content“). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to
or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

17. ADVERTISERS

We allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

18. U.S. GOVERNMENT RIGHTS

Our services are “commercial items” as defined in Federal Acquisition Regulation (“FAR”) 2.101. If our services are acquired by or on behalf of any agency not within the Department of Defense (“DOD”), our services are subject to the terms of these Terms of Use in accordance with FAR 12.212 (for computer software) and FAR 12.211 (for technical data). If our services are acquired by or on behalf of any agency within the Department of Defense, our services are subject to the terms of these Terms of Use in accordance with Defense Federal Acquisition Regulation (“DFARS”) 227.7202-3. In addition, DFARS 252.227-7015 applies to technical data acquired by the DOD. This U.S. Government Rights clause is in lieu of, and supersedes, any other FAR, DFARS, or other clause or provision that addresses government rights in computer software or technical data under these Terms of Use.

19. SITE MANAGEMENT

We reserve the right, but not the obligation, to:

• (1) monitor the Site for violations of these Terms of Use; or
• (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities;
• (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
• (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
• (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

20. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: https://www.bookingkoala.com/privacy-policy/. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United States. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.

21. COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.

22. TERM AND TERMINATION

The term of these Terms of Use will begin on the date of your completed registration for use of a Service and continue until terminated by us or by you, as provided below (the “Term”).

You may cancel your Account and terminate the Terms of Use at any time by contacting BookingKoala Support and then following the specific instructions indicated to you in BookingKoala’s response.

Without limiting any other remedies, we may suspend or terminate your Account or the Terms of Use for any reason, without liability and notice and at any time (unless otherwise required by law), including if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the use of the Services. Termination of the Terms of Use will be without prejudice to any rights or obligations which arose prior to the date of termination.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

23. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, disruptions, outages, suspension, or discontinuance of the Site. We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused
by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

24. GOVERNING LAW

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of Illinois applicable to agreements made and to be entirely performed within the State of Illinois, without regard to its conflict of law principles.

25. DISPUTE RESOLUTION

25.1 Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least sixty (60) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

25.2 Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration.
YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA“) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules“), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Illinois. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Illinois, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non convenient with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use. In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

25.3 Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law,

• (a) no arbitration shall be joined with any other proceeding;
• (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and
• (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

25.4 Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration:

• (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party;
• (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and
• (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

26. CORRECTIONS AND MARKETING

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

26.1 When reading or taking recommendations from but not limited to; our blog, courses, training, videos, social media, or other programs you do so at your own risk. We do not guarantee any results or are responsible for any actions taken based on our recommendations and content.

26.2 Earnings & Results Disclaimer: The individuals featured in videos, case studies or photos, claims are real BookingKoala users. Their results are not typical and should not be considered guarantees, promises, or projections of what you will earn or achieve.

Any dollar figures shown represent gross booked revenue verified through the BookingKoala platform — not net income, profit, or take-home earnings, which vary based on each business’s costs, contractors, taxes, and operating expenses.

Regarding ‘The $10K System’ Most buyers of the $10K Service Business System will not achieve these results. Building a successful service business requires significant time, effort, sound business decisions, and consistent execution over months or years. Many people who purchase educational programs do not implement them or do not implement them long enough to see results.

Your individual results will depend on factors including but not limited to: your market, your effort, your business structure, your ability to follow the framework, your prior experience, available capital, local competition, and circumstances outside of your or our control. We make no guarantee that you will earn any specific amount of money — or any money at all.

By engaging with this content, you acknowledge that you understand these results are examples only and that no specific outcome is being promised to you.

26.3 Use of Likeness, Statements, and Submitted Content: By interacting with BookingKoala or any of our partners — including but not limited to participating in interviews, podcasts, video recordings, photo shoots, written communications, social media posts, testimonials, case studies, customer support conversations, community discussions, surveys, beta programs, and any other form of contact — you grant BookingKoala and its affiliates, partners, licensees, and assigns a perpetual, irrevocable, royalty-free, worldwide, sublicensable, and transferable right and license to use, reproduce, modify, edit, publish, display, distribute, broadcast, and create derivative works from any content, statements, images, video, audio, likeness, name, business name, business performance data, or other materials shared with us or shared publicly in connection with BookingKoala (collectively, “Submitted Content”).

This includes the right to use Submitted Content in any current or future medium for any lawful purpose, including without limitation: advertising, marketing, promotional materials, social media content, paid advertising campaigns, sales pages, video content, presentations, press releases, training materials, internal use, fundraising materials, and any other commercial or non-commercial purpose.

You waive any right to inspect or approve any use of Submitted Content. You waive any claim for compensation, royalties, or any other consideration arising from such use. You waive any right to bring any claim of any nature — including but not limited to claims of defamation, invasion of privacy, right of publicity, copyright infringement, or any similar claim — relating to the use of Submitted Content.

If you do not wish to grant these rights, do not interact with BookingKoala, do not share content with us, and do not post content related to BookingKoala or our partners on any public platform.

27. DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY

(1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS,

(2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE,

(3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,

(4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE,

(5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR

(6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS

OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

28. LIMITATIONS OF LIABILITY

28.1 You expressly understand and agree that, to the extent permitted by applicable laws, BookingKoala and its suppliers will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or relating to the use of or inability to use the Service or these Terms of Use (however arising, including negligence).

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE ONE (1) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

29. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

• (1) your Materials;
• (2) use of the Site;
• (3) breach of these Terms of Use;
• (4) any breach of your representations and warranties set forth in these Terms of Use;
• (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or
• (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims.

We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

30. USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

31. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

32. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

33. MISCELLANEOUS

33.1 These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

33.2 All the terms and provisions of the Terms of Use will be binding upon and inure to the benefit of the parties to the Terms of Use and to their respective heirs, successors, permitted assigns and legal representatives. BookingKoala will be permitted to assign these Terms of Use without notice to you or consent from you. You will have no right to assign or otherwise transfer the Terms of Use, or any of your rights or obligations hereunder, to any third party without BookingKoala’s prior written consent, to be given or withheld in BookingKoala’s sole discretion.

33.3 On termination, all related rights and obligations under the Terms of Use immediately terminate, except that (a) you will remain responsible for performing all of your obligations in connection with transactions entered into before termination and for any liabilities that accrued before or as a result of termination; and Account Terms, Payment of Fees, Confidentiality, Limitation of Liability and Indemnification, Intellectual Property and Your Materials, Third Party Services, Privacy and Data Protection, Cancellation and Termination, Modifications, and Miscellaneous will survive the termination or expiration of these Terms of Use.

CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

BookingKoala, LLC

680 North Lake Shore Drive

Suite 110 – 3014,

Chicago, IL 60611

United States

Phone: (800) 671-9655

[email protected]