Terms of Service

These Terms of Service ("Terms") form a legal agreement between you ("Customer," "you," "your") and Everybooking Inc. operating as "Everybooking" ("Everybooking," "we," "us," "our"). By creating an account or using the Everybooking service, you agree to these Terms and our Privacy Policy. If you are entering into these Terms on behalf of a company or organization, you represent that you have authority to bind that entity.

These Terms supersede all prior versions, including any Everybooking terms of service previously published at a legacy Everybooking domain. Where a prior version conflicts with these Terms, these Terms govern for all use of the Service on or after the effective date above.

1. Definitions

• "Service" means the Everybooking software-as-a- service application, marketing site, AI agents, and related integrations.
• "Customer Data" means data, content, and personal information that Customer uploads to or generates within the Service.
• "Subscription Term" means the period of paid access to the Service per the selected plan (monthly or annual).
• "Subscription Fee" means the recurring, flat periodic fee for a plan, exclusive of Usage Credits.
• "Usage Credit" means the metered unit that meters consumption-based functions of the Service, including AI model inference, SMS and email delivery, voice minutes, enrichment lookups, and similar pass-through services. Usage Credits are described in Section 4.
• "Credit Rate" means the number of Usage Credits consumed by a given feature, action, or unit of usage, together with the price at which Usage Credits are sold or granted.
• "AI Features" means any part of the Service powered by artificial intelligence or machine learning, including quote generation, drafted emails and SMS, voice agents, and summarization.
• "Input" and "Output" mean, respectively, the content submitted to AI Features and the content those features return.
• "Documentation" means the user guides, help articles, and API documentation published at everybooking.com.
• "Authorized Users" means Customer's employees, contractors, and agents granted access by Customer to use the Service.
• "Resultant Data" means aggregated or de-identified data derived from operating the Service, as described in Section 7.

2. Account creation and eligibility

You must be at least 18 years old and able to enter into a binding contract to create an account. You agree to provide accurate account information and keep it current. You are responsible for the activity of all Authorized Users on your account and for maintaining the confidentiality of credentials. You must notify us promptly at [email protected] if you believe credentials have been compromised. We are not liable for losses arising from unauthorized use of credentials that you failed to keep confidential.

3. Subscriptions, billing, and renewals

• Plans: Available plans, Subscription Fees, and included quotas are described at everybooking.com/pricing.
• Billing: Subscriptions are billed in advance monthly or annually based on plan selection. Annual plans are billed in advance for the full year.
• Usage above included quota: Usage above your plan's included quota is metered in Usage Credits and governed by Section 4.
• Auto-renewal: Subscriptions automatically renew for successive equal-length terms unless cancelled at least one day before the renewal date. Cancellation takes effect at the end of the then-current term; you retain access until that date.
• Refund and money-back guarantee: New customers may request a full refund of the initial Subscription Fee within 7 calendar days of initial subscription start for any reason. After 7 days, all fees are non-refundable except where required by law. Annual prepayments are non-refundable after 7 days and unused quotas do not roll over after cancellation. Usage Credits are excluded from this guarantee and are non-refundable once consumed.
• Subscription Fee changes:We may modify recurring Subscription Fees on at least 30 days’ notice to your account email, effective at your next renewal. This notice period applies to Subscription Fees only. It does not apply to Credit Rates, which are governed by Section 4 and may change without notice. Any price lock granted in writing (where applicable) survives future Subscription Fee increases for the duration the customer maintains an uninterrupted active subscription on a plan with the same or smaller scope. A price lock does not lock Credit Rates unless the writing says so expressly.
• Taxes: Pricing is exclusive of applicable taxes (GST/HST/PST, sales tax, VAT, etc.). You are responsible for all taxes other than taxes imposed on our net income.
• No setoff: Amounts payable under these Terms are paid in full without setoff, counterclaim, deduction, or withholding.
• Late payment: Overdue amounts accrue interest at 1.5% per month or the maximum allowed by law, whichever is lower. If a scheduled charge fails, we will notify the account email and you have 7 calendar days to cure. We may suspend access for accounts past due more than 14 days following written notice.

4. Usage credits and metered pricing

Parts of the Service are metered rather than flat-rate. Those parts are denominated in Usage Credits.

• What a Usage Credit is. A Usage Credit is a prepaid unit of account used to meter consumption. It is not currency, not a stored-value instrument, not a security, and has no cash value. Usage Credits are non-transferable between accounts and, except as stated in these Terms or required by law, non-refundable and non-redeemable for cash.
• Credit Rates change at any time, without prior notice. Usage Credits meter services whose underlying costs we do not control and that change frequently — AI model inference pricing, telecom and messaging carrier rates, voice minutes, and similar third-party pass-through costs. Accordingly, we may change any Credit Rate at any time, in our sole discretion, without prior notice, effective immediately upon publication. This includes the number of credits consumed by any individual feature or action, the price at which credit packs are sold, the credits included with any plan, the credits granted promotionally, and the introduction of metering for a feature that was previously unmetered.
• Publication is notice. Publishing a revised Credit Rate at everybooking.com/pricing, in the Documentation, or in the billing or usage area of the application constitutes the only notice required for that change. No email, in-app announcement, advance warning, or consent is required, and no notice period applies. Rate changes are not “material changes” to these Terms under Section 21.
• Credits are denominated in credits, not dollars. Usage Credits you have already purchased or been granted retain their face value in credits. The amount of service a credit buys may increase or decrease at any time as Credit Rates change. You are not entitled to additional credits, a refund, a rebate, or a price adjustment because a Credit Rate changed after you acquired credits.
• Estimates are not quotes. Any credit cost shown before an action runs, any usage forecast, any calculator, and any figure in marketing or Documentation is an estimate based on then-current rates and typical usage. It is not a guarantee of final cost. The authoritative record of credits consumed is the usage ledger in your account.
• Balances and overage. Metered features may be throttled, queued, or stopped when your credit balance reaches zero. Bookings are never blocked for lack of credits. You may purchase additional credits at any time at the then-current price.
• Automatic top-up, where offered and enabled. We may offer an automatic top-up that charges your payment method for credits when your balance falls below a threshold. Automatic top-up is off unless you ask us to turn it on. Where it is on, you authorize recurring charges at the then-current credit price without separate authorization for each charge, we will email a receipt for every such charge, and you may turn it off at any time by contacting support, which takes effect immediately. We will not enable automatic top-up on your account without your request.
• Expiry. Credits included with a plan are granted for that billing period and do not roll over unless the plan says so. Promotional, trial, and goodwill credits may carry an expiry date shown at the time of grant. Credits you purchased carry any expiry date shown at the time of purchase.
• Credits you paid for are refundable on termination. If your account terminates for any reason, we will refund unconsumed credits that you purchased within the preceding 12 months, at the price you paid, to your original payment method. Credits that were included with a plan, granted promotionally, or issued as goodwill have no purchase price and are forfeited. This applies however the termination arises, including termination by us for cause.
• Your remedy. Your sole and exclusive remedy if you do not accept a Credit Rate change is to stop consuming metered features and cancel under Section 12. Continued use of a metered feature after a rate change is acceptance of the new rate.
• What we do commit to. Our discretion over Credit Rates is not unlimited. We commit that: (a) a Credit Rate change never applies retroactively — usage already recorded in your ledger is billed at the rate in effect when it was recorded, and we will not re-price it; (b) the current Credit Rates are published, dated, and readable before you consume anything — in the billing and usage area of the application, and in summary at everybooking.com/pricing; and (c) your account shows a per-action usage ledger recording what ran, when, and what it cost. These three are obligations, not statements of intent. The discretion reserved above is the discretion to set future rates, not to change the price of usage you have already incurred.

5. Customer Data and ownership

You own Customer Data. You grant Everybooking a limited, non-exclusive license to host, store, process, transmit, and display Customer Data solely to provide and improve the Service.

We own the Service. Everybooking retains all rights, title, and interest in the Service, including software, algorithms, AI models we develop, user interface, design, trademarks, and Documentation.

Customer responsibility for Customer Data: You represent that you have all necessary rights, consents, and lawful bases to upload and process Customer Data through the Service, including consents from your own end-customers (data subjects).

6. AI Features

• Ownership. As between you and Everybooking, you retain all rights in your Input and Output. We retain all rights in the AI Features themselves.
• Human review is your responsibility. Output is probabilistic and may be inaccurate, incomplete, or unsuitable. A human must review Output before it is sent to an end-customer or relied on for a business decision. You are responsible for all Output you send under your own name or brand, including quotes, prices, availability statements, and contractual terms.
• Third-party AI providers. AI Features are delivered in part through third-party model and voice providers. Input and Output are shared with those providers to deliver the feature. Current providers are listed at everybooking.com/legal/subprocessors. You may not use AI Features in a way that violates a provider's own terms.
• Input is not confidential to the model layer. Do not submit third-party confidential information, credentials, or special-category personal data (health, biometric, racial or ethnic origin, religious belief, sexual orientation, trade union membership) as Input.
• Prohibited uses of AI Features. You will not use AI Features to represent AI-generated content as reviewed by a licensed professional when it was not; to give medical, legal, or financial advice; to generate spam or malware; to generate sexual, hateful, or harassing content; or to make fully automated decisions producing legal or similarly significant effects on an individual without human involvement.
• Availability and change. We may add, modify, throttle, meter, or discontinue any AI Feature at any time, including in ways that materially reduce functionality. AI Feature downtime is excluded from the uptime target in Section 11. Availability may vary by region and language.
• Metering. AI Features are metered in Usage Credits under Section 4, including where the underlying model or provider changes.

7. Aggregated and de-identified data

We derive aggregated and de-identified data from operating the Service — performance metrics, response times, conversion rates, error rates, feature usage, and similar operational statistics ("Resultant Data"). Resultant Data is de-identified so that it cannot reasonably be used to identify you, an Authorized User, or any of your end-customers, and is never disclosed at the level of an individual account or an individual booking. We own Resultant Data and may use it to operate, secure, benchmark, and improve the Service, and may publish it in aggregate form. Resultant Data is not Customer Data and is not personal information.

8. Acceptable Use Policy

You agree not to:

• Use the Service to violate any law, regulation, or third-party right.
• Send unsolicited commercial messages (spam) via SMS, email, or voice using the Service.
• Upload or transmit content that is illegal, harmful, infringing, defamatory, obscene, or hateful.
• Probe, scan, or test the vulnerability of the Service, attempt to bypass security controls, or interfere with other customers' access.
• Circumvent, manipulate, or misreport usage metering, credit consumption, or plan quotas — including by sharing credentials across accounts to avoid metered usage.
• Reverse engineer, decompile, or attempt to extract source code, algorithms, or trained-model parameters from the Service.
• Use the Service to build a competing product or to benchmark against the Service for publication without our written consent.
• Use AI features to generate content that violates third-party rights or applicable AI-content laws, or that is prohibited under Section 6.
• Resell, sublicense, or expose the Service to third parties except under a written reseller or agency arrangement with us, or on a plan whose published description expressly permits it.

We may suspend or terminate accounts for Acceptable Use Policy violations after notice (or immediately for security or legal emergencies).

9. Third-party services, integrations, and subprocessors

The Service integrates with third-party services (Stripe, Twilio, Quo, QuickBooks, Google Calendar, AI providers, etc.). Your use of those integrations is governed by their own terms. We are not responsible for third-party services' availability, behavior, or policy changes, and a third party's price change may be reflected in a Credit Rate change under Section 4.

We may engage subprocessors and subcontractors to deliver the Service and remain responsible for their performance under these Terms. The current list is published at everybooking.com/legal/subprocessors. Customers who have executed our Data Processing Addendum receive the notice and objection rights described there.

10. Beta features

We may make beta, preview, or experimental features available ("Beta Features"). Beta Features are provided "AS IS" without any warranty, indemnity, or support, may be modified or discontinued at any time, are excluded from any service-level commitments, and their performance characteristics are our confidential information. Where a Beta Feature is metered, Section 4 applies to it in full.

11. Service levels, maintenance, and support

We target 99.5% monthly uptime on production tiers, measured exclusive of scheduled maintenance, force majeure events, AI Feature downtime, and issues caused by third parties or Customer. We aim to perform scheduled maintenance outside North American business hours and to give advance notice of maintenance expected to cause downtime. Support response targets vary by plan and are published at everybooking.com/pricing. Customers on Enterprise plans may negotiate a separate Service Level Agreement.

We maintain rolling backups of production data for disaster recovery. Backups are a continuity measure for us, not an archival service for you; you remain responsible for exporting and retaining your own copies of Customer Data.

12. Termination

• By you: You may cancel anytime from your account dashboard. Cancellation takes effect at the end of the then-current billing term.
• By us for cause: We may suspend or terminate your account for material breach (non-payment, AUP violation, fraud) after reasonable notice and opportunity to cure where practicable.
• By us without cause: We may terminate without cause on 60 days' written notice and will refund prepaid Subscription Fees for unused service time.
• Effect of termination:Upon termination, your access ends. Unconsumed Usage Credits are handled under Section 4 — purchased credits are refunded, granted credits are forfeited. We will make Customer Data available for export for 30 days following termination. After 30 days, we may permanently delete Customer Data, subject to legal retention obligations and rolling backups (Section 4 of the Privacy Policy).

13. Confidentiality

Each party agrees to keep confidential information of the other party confidential and to use it only for purposes of performing its obligations under these Terms. Confidential information does not include information that is publicly known, independently developed, or rightfully received from a third party.

14. Publicity

We may identify you as a customer and use your business name and logo in customer lists, our website, and investor materials. We will not publish a case study, quote, metric, or testimonial attributed to you without your prior written approval. You may withdraw permission for name and logo use at any time by emailing [email protected], and we will remove it from materials we control at our next update cycle.

15. Warranty disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." EXCEPT AS EXPRESSLY STATED, EVERYBOOKING MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY OF AI OUTPUTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. AI-GENERATED CONTENT (QUOTES, EMAILS, SMS, VOICE RESPONSES) IS PROBABILISTIC; CUSTOMER IS RESPONSIBLE FOR REVIEWING OUTPUTS BEFORE BUSINESS DECISIONS.

16. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, OR LOST DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EXCEPT FOR (A) CUSTOMER'S PAYMENT OBLIGATIONS, (B) BREACHES OF THE ACCEPTABLE USE POLICY, (C) INDEMNIFICATION OBLIGATIONS, OR (D) WILLFUL MISCONDUCT OR FRAUD, EACH PARTY'S TOTAL AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE GREATER OF (i) CAD $1,000 OR (ii) FEES PAID BY CUSTOMER TO EVERYBOOKING IN THE 12 MONTHS PRECEDING THE CLAIM.

17. Indemnification

By Everybooking: We will defend Customer against any third-party claim that the Service, as provided by Everybooking and used within these Terms, infringes a third party's Canadian or US patent, copyright, or trademark, and pay damages finally awarded. This obligation does not apply to claims based on Customer Data, Input or Output, modifications by Customer, or use in combination with non-Everybooking products.

By Customer: You will defend Everybooking against any third-party claim arising from (i) Customer Data, (ii) your violation of the AUP, (iii) your end-customers' use of any quotes, communications, or services delivered through the Service, (iv) Output you sent without human review, or (v) your violation of applicable law.

Indemnification is conditional on: prompt written notice, sole control of defense and settlement (no admission of liability without consent), and reasonable cooperation.

18. Force majeure

Neither party is liable for delay or failure to perform due to causes beyond reasonable control, including acts of God, war, terrorism, pandemic, government action, internet or telecommunications failure, third-party-service outage, or labor disruption.

19. Notices

Notices to Everybooking must be sent to [email protected] with the subject line beginning “Legal notice”, and a courtesy copy to Everybooking Inc., PO Box 20621 Stn Main, Steinbach, Manitoba R5G 1S1, Canada. Notices to Customer will be sent to the account email on file. Notices are effective on receipt.

20. Governing law and jurisdiction

These Terms are governed by the laws of the Province of Manitoba and the federal laws of Canada applicable in Manitoba, without regard to conflict-of-law principles. Any dispute arising from or relating to these Terms or the Service will be brought exclusively in the courts of Manitoba, Canada, and each party consents to personal jurisdiction in those courts.

Optional arbitration: The parties may, by mutual written agreement, elect to resolve any dispute by binding arbitration administered by the ADR Institute of Canada in Winnipeg, Manitoba.

21. Changes to these Terms

We may update these Terms from time to time. Material changes will be communicated by email to the account owner at least 30 days before taking effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.

Version 2.0 transition. Version 2.0 applies immediately to accounts created on or after the effective date shown at the top of this page. For accounts that existed before that date, Version 2.0 takes effect 30 days after we send the change notice described above, and the prior version governs until then.

Carve-out. A change to a Credit Rate under Section 4 is not a change to these Terms and is not a material change. The 30-day notice in this section does not apply to it. Likewise, publishing updated plan descriptions, quotas, or Credit Rates at everybooking.com/pricing does not require a new version of these Terms.

22. Assignment

You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, sale of assets, or reorganization. Any assignment in violation of this section is void.

23. Survival

The following survive expiration or termination, along with any provision that by its nature should survive: Section 3 (to the extent of amounts accrued), Section 4 (Usage credits), Section 5 (Customer Data and ownership), Section 7 (Aggregated and de-identified data), Section 8 (Acceptable Use Policy), Section 13 (Confidentiality), Section 15 (Warranty disclaimer), Section 16 (Limitation of liability), Section 17 (Indemnification), Section 20 (Governing law), and this Section 23.

24. Entire agreement; severability; waiver

These Terms, the Privacy Policy, the Data Processing Addendum (where applicable), and any plan-specific order forms constitute the entire agreement and supersede prior agreements. If any provision is held unenforceable, it will be modified to the minimum extent necessary and the remaining provisions will remain in effect. Failure to enforce a provision does not waive future enforcement. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between the parties.

25. Contact

Legal inquiries: [email protected]
Mailing address: Everybooking Inc., PO Box 20621 Stn Main, Steinbach, Manitoba R5G 1S1, Canada