Terms of service

1. Your account

• You must be at least 18 years old to create an account.
• Give us accurate information, and keep it up to date.
• Keep your login details safe. You’re responsible for everything done through your account, including by staff you add.
• Tell us straight away at support@freshbookings.co if you think someone has accessed your account without permission.

2. Plans, payment and refunds

Some parts of FreshBookings need a paid plan. The price, what’s included and any limits are shown before you buy. If we ever shut the Service down, we’ll give you at least 60 days’ notice and a way to export your data.

Refunds follow the refund terms shown when you buy. When a refund is processed, the plan and the account access that came with it end.

Your plan is for the business it was bought for. It can’t be resold or transferred without our written agreement.

3. Services you connect

Some features run on accounts you hold with other companies: Twilio for text messages, Meta’s WhatsApp Business Platform, Stripe for card payments, and Anthropic (Claude) or OpenAI for the AI receptionist.

• You pay those companies directly, and their own terms apply between you and them.
• You’re responsible for meeting their requirements, such as Twilio’s A2P 10DLC registration for US texting and Meta’s approval of WhatsApp message templates.
• If one of those companies limits, suspends or changes your account, the features that depend on it may stop working. We’ll tell you when we detect it, but we’re not responsible for their services or charges.

4. Your customers and their data

You own the data you and your customers put into FreshBookings (“Customer Data”). You give us permission to store and process it only to provide, secure and support the Service for you.

For your customers’ personal data, you are the controller and we are your processor. You agree that:

• you have a lawful basis to collect your customers’ data and to let us process it for you;
• you’ll get any consent the law requires before sending texts, WhatsApp messages or emails, including under the US Telephone Consumer Protection Act (TCPA), CAN-SPAM, and similar laws where your customers live;
• you’ll give your customers any privacy notice the law requires.

We handle your customers’ data as described in our privacy policy. If you need a data processing agreement (for example, under the GDPR), email support@freshbookings.co and we’ll send one.

5. Acceptable use

You agree not to use the Service to:

• send spam, or messages to people who haven’t agreed to receive them;
• break any law, or infringe anyone’s rights;
• upload malware, or try to get into accounts, systems or data that aren’t yours;
• overload, disrupt or reverse-engineer the Service, or scrape it with automated tools;
• resell the Service, or use it to build a competing product.

We may suspend accounts that break these rules, and we’ll tell you why unless the law or safety prevents it.

6. The AI receptionist

The AI receptionist answers your customers using the information you give it. AI can get things wrong, so check its settings and answers, and don’t rely on it for medical, legal or other professional advice. You’re responsible for what it tells customers on your behalf, within the limits of these terms.

7. Availability and changes

We work to keep FreshBookings available and reliable, but we don’t guarantee it will be uninterrupted or error-free. We may change, add or remove features over time. We won’t remove a core feature included in your tier without giving you notice.

8. Our intellectual property

FreshBookings, including its software, design and brand, belongs to us and our licensors. These terms give you a limited, non-exclusive, non-transferable right to use the Service, and no other rights. If you send us feedback or ideas, we may use them without any obligation to you.

9. Ending your account

You can close your account at any time from your settings or by emailing support@freshbookings.co. We may suspend or close your account if you seriously or repeatedly break these terms, or if the law requires it.

Before closing, you can export your data. After an account is closed, we delete its data as described in our privacy policy.

10. Disclaimers

Except as these terms say otherwise, the Service is provided “as is” and “as available”. To the extent the law allows, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement.

11. Limitation of liability

To the extent the law allows, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, bookings or data. Our total liability for any claim relating to the Service is limited to the greater of the amount you paid for FreshBookings in the 12 months before the claim and US$100.

Some places don’t allow these limits, so they may not all apply to you. Nothing in these terms limits liability that the law doesn’t allow to be limited.

12. Indemnity

You agree to defend and compensate FreshBookings against third-party claims that arise from your Customer Data, the messages you send through the Service, or your breach of these terms or the law.

13. Governing law

These terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-law rules. Disputes will be heard in the state or federal courts located in Delaware, and both parties agree to those courts’ jurisdiction. If you’re a consumer in a country whose laws give you the right to bring claims in your local courts, you keep that right.

14. Changes to these terms

We may update these terms. We’ll change the date at the top of this page and, for significant changes, email account holders at least 30 days before they take effect. If you keep using the Service after that, you accept the new terms.

15. General

• These terms, with our privacy and cookie policies, are the whole agreement between you and us about the Service.
• If a court finds part of these terms unenforceable, the rest still applies.
• If we don’t enforce a right straight away, we haven’t given it up.
• You can’t transfer these terms without our consent. We may transfer them as part of a merger, acquisition or sale of assets.
• Neither party is responsible for delays caused by events outside its reasonable control.

16. Contact us

FreshBookings, Inc.
Email: support@freshbookings.co