Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Fusionix LLC ("we," "us," or "our"), the company that operates the BookMe Studio platform. By accessing or using the BookMe Studio platform, including our mobile applications, web-based tools, website builder, and related services (collectively, the "Service"), you agree to be bound by these Terms.

If you are using the Service on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to these Terms. If you do not agree to these Terms, do not access or use the Service.

2. Definitions

• "Business User" — A beauty or wellness professional or business entity that subscribes to BookMe Studio to manage their operations, including appointments, payments, clients, marketing, and website.
• "Client User" — An individual who uses the Service to discover businesses, book appointments, purchase gift cards or packages, or otherwise interact with a Business User.
• "Content" — Any data, text, images, photos, files, reviews, or other materials uploaded, submitted, or generated through the Service.
• "Subscription" — A paid plan (Standard or Premium) that grants access to specific features and capabilities within the Service.

3. Eligibility

You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms.

Business Users represent that they are operating a lawful business and possess all required licenses, permits, and certifications for the services they offer through the platform.

4. Account Registration & Security

You must provide accurate, current, and complete information during registration and keep your account information up to date. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You must immediately notify us of any unauthorized use of your account or any other security breach. BookMe Studio will not be liable for any loss arising from unauthorized use of your account.

One person or entity may not maintain more than one Business User account. Staff members are added through the staff management feature, not by creating separate accounts for the same business.

5. Description of Service

BookMe Studio is an all-in-one booking and business management platform for beauty and wellness professionals. The Service includes:

• BookMe Pro — A mobile application for Business Users to manage appointments, clients, services, staff, payments, marketing campaigns, inventory, invoices, and more.
• BookMe Client — A mobile application for Client Users to discover businesses, book appointments, manage bookings, and leave reviews.
• Website Builder — Customizable template-based websites with booking capabilities, hosted on subdomains, with dynamic theming and gift card purchasing.
• Cloud Functions — Backend services that process bookings, payments, notifications, marketing campaigns, and other platform operations.

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with reasonable notice where practicable.

6. Subscription Plans & Billing

BookMe Studio offers two subscription tiers for Business Users:

• Standard — $14/month or $150/year. Includes comprehensive business management features for solo practitioners with 500 marketing credits per month.
• Premium — $28/month or $300/year. Includes all Standard features plus Forms & Waivers, AI Assistant, up to 5 staff members, and 2,000 marketing credits per month.

Subscriptions are billed in advance on a recurring basis (monthly or annually) through Stripe. All prices are in US dollars and exclusive of applicable taxes. By subscribing, you authorize us to charge your designated payment method on a recurring basis until you cancel.

Subscription fees may be updated with at least 30 days' prior notice. Price changes will take effect at the start of your next billing cycle following the notice period.

7. Free Trial

New Business Users are eligible for a one-time 7-day free trial of the Standard plan. The trial provides full access to Standard plan features. Only one trial is permitted per person or email address, even if you delete and re-create your account.

If you do not subscribe before the trial period ends, your access to the platform will be suspended. Your business data will be retained for 90 days after trial expiry, during which time you may subscribe to restore full access. We will send reminder emails at 30 and 60 days. After 90 days, your business data will be permanently deleted. See our Privacy Policy for full data retention details.

8. Payment Processing & Stripe Connect

BookMe Studio uses Stripe as its payment processor. By using payment features of the Service, you agree to Stripe's Terms of Service and Privacy Policy.

Stripe Connect. Business Users process payments from their clients through Stripe Connect, which creates a connected Stripe account for each business. Payment processing fees (currently 2.6% + $0.30 per transaction) are deducted from each transaction. Business Users may choose to absorb these fees or pass them to their clients.

BookMe Studio facilitates transactions between Business Users and Client Users but is not a party to the underlying service agreement between them. We are not responsible for the quality of services provided by Business Users or for disputes between Business Users and Client Users.

9. Cancellation & Refunds

You may cancel your subscription at any time through your account settings or by contacting us. Upon cancellation:

• You will retain access to paid features until the end of your current billing period.
• No further charges will be made to your payment method.
• Subscription fees for the current billing period are non-refundable, except where required by applicable law.
• For annual subscriptions, pro-rata refunds may be available where required by law in your jurisdiction.

Refunds for payments processed through Stripe Connect (i.e., payments from Client Users to Business Users) are the responsibility of the Business User and are subject to their individual cancellation and refund policies.

10. User Content & Data Ownership

You retain all ownership rights to the Content you submit to the Service. By submitting Content, you grant BookMe Studio a worldwide, non-exclusive, royalty-free license to use, process, store, and display your Content solely to the extent necessary to operate and provide the Service.

This license terminates when you delete your Content or account, except for Content that has been shared with other users (e.g., reviews) or Content that we are required to retain by law.

You are responsible for all Content you submit and represent that you have the right to share it. You agree not to submit Content that infringes on the intellectual property rights of others.

11. Acceptable Use

Your use of the Service is subject to our Acceptable Use Policy, which is incorporated into these Terms by reference. Violations of the Acceptable Use Policy may result in suspension or termination of your account.

12. Intellectual Property

The Service, including its software, design, graphics, user interface, logos, trademarks, and documentation, is owned by Fusionix LLC and is protected by copyright, trademark, and other intellectual property laws.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for its intended purpose. You may not copy, modify, distribute, sell, or lease any part of the Service, nor reverse engineer or attempt to extract the source code of the software.

13. Third-Party Services

The Service integrates with and relies upon third-party services, including but not limited to Stripe (payments), Firebase/Google Cloud (infrastructure), SendGrid (email), and Twilio (SMS). Your use of the Service is also subject to the terms and policies of these third-party providers.

We are not responsible for the availability, accuracy, or practices of third-party services. If a third-party service experiences downtime or issues, affected features of the Service may be temporarily unavailable.

14. SMS & Text Messaging

The Service includes SMS and text messaging capabilities powered by Twilio. By using or interacting with the Service, you acknowledge and agree to the following:

Types of messages. BookMe Studio facilitates two categories of SMS messages:

• Transactional messages — Appointment confirmations, reminders, and other service-related notifications sent to Client Users in connection with bookings they have made.
• Marketing messages — Promotional campaigns, offers, re-engagement messages, and announcements sent by Business Users to their clients.

Consent. Providing a phone number during booking is optional — bookings can be completed using only a name and email, in which case no SMS will be sent and updates will be delivered by email instead. If you provide a phone number, two separate, unchecked-by-default checkboxes are presented: one to consent to transactional SMS (appointment confirmations, reminders, and other booking-related notifications) and one to consent to marketing SMS (promotional offers, special offers, and announcements). Either, both, or neither may be ticked; booking completes regardless. No SMS of any kind will be sent to you unless the corresponding box has been affirmatively ticked. Consent to either channel is not a condition of purchase. Marketing message frequency varies based on the campaigns sent by each Business User you have interacted with.

Opt-out. You may opt out at any time by replying STOP, STOPALL, UNSUBSCRIBE, CANCEL, QUIT, or END to any message. Upon opting out, you will receive a confirmation message and will no longer receive any further SMS — including transactional messages — from any Business User on the platform via our messaging service. Because BookMe Studio uses a shared sender across all Business Users, STOP suppresses delivery at the carrier level for all SMS from our number.

Re-subscribe. If you have previously opted out and later wish to resume receiving SMS from BookMe Studio, you may reply START, UNSTOP, or YESto our number. Doing so restores both transactional and marketing SMS consent across every Business User on the platform and re-enables carrier-level delivery. Until you reply with one of these keywords, no SMS will be sent to your number even if a Business User attempts to message you. You may also continue receiving communications from a specific Business User by contacting them directly to discuss alternative channels (e.g., email or phone calls).

HELP. Reply HELP or INFO at any time to receive a help message identifying BookMe Studio and providing a support contact.

Message frequency & rates. Message frequency varies based on your booking activity and the marketing campaigns of Business Users you interact with. Message and data rates may apply depending on your mobile carrier and plan. BookMe Studio is not responsible for any charges from your carrier.

Business User responsibilities. Business Users who send marketing SMS campaigns through the Service are responsible for ensuring they comply with all applicable laws, including the Telephone Consumer Protection Act (TCPA) and CAN-SPAM Act. Business Users must not send messages to individuals who have opted out. Marketing campaigns are subject to monthly credit limits based on the Business User's subscription tier.

For help with SMS messaging, contact us at support@fusionix.tech.

15. AI-Powered Features

The Service includes AI-powered writing assistance and chat features available to Premium plan subscribers ("AI Features"). AI Features are powered by Google Vertex AI and are designed to help Business Users draft and improve text content such as service descriptions, marketing campaigns, review responses, and other business communications.

How it works. You provide a prompt or existing text, and the AI generates suggested content based on your input and your business context (such as your business name, category, services, and location). You may review, edit, and choose whether to use the generated content.

Your responsibility. AI-generated content is a suggestion, not a final product. You are solely responsible for reviewing, editing, and approving any AI-generated content before publishing or sending it. You are responsible for ensuring that any content you use complies with applicable laws, including truth-in-advertising, anti-discrimination, and consumer protection regulations.

No guarantees. AI-generated content may be inaccurate, incomplete, or inappropriate. BookMe Studio does not guarantee the accuracy, quality, legality, or suitability of any AI-generated content. AI Features are provided "as is" and should not be relied upon as professional, legal, medical, or financial advice.

Data processing. When you use AI Features, your prompt, existing text, and relevant business context are sent to Google Vertex AI for processing. Google processes this data in accordance with their terms of service. We do not use your AI interactions to train models. See our Privacy Policy for details on how your data is handled.

Usage limits. AI Features are subject to daily usage limits (currently 50 requests per day per business). We reserve the right to adjust these limits at any time. AI Features must not be used to generate content that violates our Acceptable Use Policy, including spam, misleading claims, or harmful content.

Ownership. You retain ownership of any content you create using AI Features, including content derived from AI-generated suggestions. By using AI Features, you grant BookMe Studio the right to process your inputs solely for the purpose of generating the requested output.

16. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT GUARANTEE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO BUSINESS REVENUE, CLIENT ACQUISITION, OR APPOINTMENT VOLUME.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FUSIONIX LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

18. Indemnification

You agree to indemnify, defend, and hold harmless Fusionix LLC and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of or access to the Service
• Your violation of these Terms or any applicable law
• Your Content or business practices (for Business Users)
• Any dispute between a Business User and their clients
• Your infringement of any third party's rights

19. Dispute Resolution

Informal resolution. Before filing any formal proceeding, you agree to first contact us at legal@fusionix.tech and attempt to resolve the dispute informally for at least 30 days.

Binding arbitration. If informal resolution fails, any dispute arising from these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be conducted in English, and the arbitrator's decision shall be final and binding.

Individual basis. All disputes shall be resolved on an individual basis. You waive any right to participate in a class action, class arbitration, or representative proceeding.

Small claims exception. Either party may bring an individual action in small claims court if the claim qualifies.

Governing law. These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

20. Termination

By you. You may terminate your account at any time through your account settings or by contacting us. Cancellation of your subscription does not automatically delete your account or data.

By us. We may suspend or terminate your account immediately if you violate these Terms, our Acceptable Use Policy, or applicable law; if your account shows signs of fraud or unauthorized use; or if required by law or a government request.

Effect of termination. Upon termination, your license to use the Service ceases immediately. If you request account or business deletion, you will have 30 days to cancel the request before your data is deleted or anonymized. If your free trial expires without a subscription, your business data will be retained for 90 days before deletion. Cancelled paid subscriptions retain data indefinitely until you request deletion. See our Privacy Policy for full data retention details. Sections that by their nature should survive termination will survive, including Sections 10, 12, 15, 16, 17, 18, and 19.

21. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide at least 30 days' notice of material changes via email, in-app notification, or by posting a notice on our website. Your continued use of the Service after the effective date of changes constitutes acceptance of the modified Terms.

If you do not agree to the modified Terms, you must stop using the Service and may cancel your subscription before the changes take effect.

22. Severability & Waiver

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

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

23. Entire Agreement

These Terms, together with our Privacy Policy and Acceptable Use Policy, constitute the entire agreement between you and Fusionix LLC regarding the Service and supersede all prior agreements, understandings, and communications, whether written or oral.

24. Contact Information

For questions about these Terms, contact us at:

Fusionix LLC
Email: legal@fusionix.tech