Terms of use
Bookibo.com is a Software as a Service (SaaS) solution for managing e-appointments and customers (a software suite) available on the website www.bookibo.com (hereinafter – the Service). The use of the Service is governed by this Service Use Agreement (hereinafter – the Agreement or the Contract) concluded between you (hereinafter – the User) and SIA “Digital Bay” (hereinafter – the Provider).
The User agrees to all the rules and conditions included in the Agreement and takes responsibility for their fulfillment during the entire period of use of the Service, which he/she confirms without any conditions by ticking the box next to the words “I agree to the Service Use Agreement” and clicking the “Save” button (after performing these actions, the provisions of the Agreement apply to any action of the User in the Service without any restrictions).
The Provider has the right to change the rules and/or conditions of the Agreement, including on the Service website, by informing the User. The latest version of the Agreement is always current and available on the Service website https:/www.bookibo.com/en/terms-of-use and replaces all previous versions of the Agreement provisions.
Subject of the Agreement
1.The Provider and the User (an individual or legal entity) who uses this Service enter into an Agreement on the use of the Service in the manner specified in this Agreement and for the remuneration specified in this Agreement.
2. The provider grants the User a non-exclusive right to access the Service through the website and a non-exclusive right to use the Service according to the chosen subscription plan through an internet browser. In turn, the User creates their own profile in the Service for the purpose of using the Service, in which they provide all the requested information (hereinafter referred to as the Profile).
Terms of payment for the license of the Service
3. For using the Service, the User pays the Provider a reward in accordance with the chosen subscription plan, hereinafter referred to as the Reward, in the order specified in this Agreement. The cost of each subscription plan is indicated on the Service website www.bookibo.com. The User selects the used subscription plan in their profile, with the exceptions indicated in paragraphs 3.1 and 3.2. The User pays for using the Service in accordance with the new tariff plan from the date of changing the tariff plan.
3.1. The transition from the “Personal” subscription plan to the “Professional” plan occurs automatically when the number of monthly free recordings included in the “Personal” subscription plan is exceeded.
3.2. The transition to the “Enterprise” subscription plan is based on an additional agreement with the service provider. The content of the agreement is reflected in the subsequent (after the transition) bill from the provider. By paying this bill, the user confirms without appeal that the information indicated in the bill fully reflects the content of the agreement reached.
4. The user must pay the fee for using the service for the calendar month by the 10th of the following month, based on the corresponding electronic invoice from the provider.
5. The user is responsible for ensuring that the fee for the relevant month is credited to the provider’s bank account no later than the date indicated in the corresponding invoice. If the payment is not made on time, the user must pay the provider a late fee of 0.5% of the overdue amount for each day of the delay. If the delay exceeds two days, the provider has the right to stop the user’s access to the service until all of the user’s debts have been settled. The suspension of access to the service does not stop the accumulation of the late fee. The accumulation of the late fee stops only when it reaches 10% of the amount of the main debt.
6. The provider has the right to unilaterally change the Remuneration mentioned in this Agreement and the manner of payment at any time, by informing the User at least one month in advance. Special offers, promotions, and similar events are not considered price changes.
7. The User is obliged to pay the Provider’s invoices only and exclusively from their own bank account (the requisites mentioned in the Service and this Agreement should be specified in the “payer” field in the payment order).
Provision of information in the Service
8. The User acknowledges that the normal functioning and development of the Service depends on the ability of visitors and users of the Service (including the User) to timely input complete, current, and accurate information into the Service.
9. The User agrees to input only complete, current, and accurate information into the Service (i.e. to enter information into the system). This applies to all information entered by the User into the Service, without any limitations (including information about the User themselves, marketing information, the Service calendar, the amount paid by the customer for services, etc.).
New information (including updates to existing information) should be immediately entered into the Service as soon as it becomes known (or should become known) to the User.
11. If the Provider determines that the information is incorrect or incomplete and the User does not correct it within 24 hours of the Provider’s message, the Provider has the right to terminate the provision of services to the User (access to the User’s profile) until the specified discrepancies and imperfections are fully remedied.
Rights and obligations of the parties
12. The User is obliged to use the Service offered for his business purposes, without violating the requirements of the applicable legislative acts of the Republic of Latvia
13. The Provider reserves the right to cancel the Agreement if the User violates its rules or conditions.
14. The User is obliged to keep confidential his username and user password used for identification in the Service. If there is a possibility that the password may be lost or that third parties may gain access to it, the password must be immediately changed to a new one. The Provider is not responsible for unauthorized access by third parties to the User’s data that occurs as a result of guessing or cracking the password.
15. The user agrees not to allow the use of the same username and password by multiple people. If it is necessary to grant another person access to the user’s data, the user is entitled to add an additional user to their profile or grant access to their data by adding an existing service user. By adding additional users, the user is fully responsible for the security of their data and controls access to their data by the individuals added to their profile, and is also fully responsible for the performance of this Agreement by the individuals added to their profile.
16. The user agrees as part of this Agreement not to cause intentional or unintentional harm to the Service, or compromise the security of the Service, its software, computer networks, or servers. The user agrees not to attempt unauthorized access to the data of other Service users, or attempt to prevent such access in any way.
17. The user is entitled to delete all their data from the Service’s database and to cancel this Agreement, provided that the user has settled with the Provider for all the services received.
18. The User’s access to data may be restricted or blocked if the services are not paid for in a timely manner or if the terms of the Agreement are not fulfilled.
19. The user may request full or partial deletion of their data from the Provider’s database in the event of termination of this Agreement and subject to the user having fully settled their account with the Provider.
20. The provider is obligated to do everything reasonably necessary to prevent data loss, but does not give any guarantees excluding data loss. The provider is not responsible for any data loss, regardless of the reason for which it has been lost.
21. The Provider reserves the right to deny re-registration to a User whose profile has been deleted.
22. The Provider is obliged to ensure the protection, integrity, and security of the User’s data existing in the Service.
23. The Provider is entitled to promptly inform the User and/or the User’s clients through email and/or SMS messaging (to the email addresses and/or phone numbers specified by the User in the Service) of events in the System (reminders of future appointments, information about Service operations and potential interruptions, information about past visits, etc.).
Data Confidentiality
24. Each party agrees to keep all confidential information received in connection with this Agreement confidential. Neither party will provide any confidential information to third parties or use it for profit without the written consent of the other party, except as provided for in this Agreement.
25. The Provider is entitled to distribute (publish) the information provided by the User in any manner only on the Service’s website for the needs of the Service’s operation. The Provider is entitled in its marketing materials (in advertisements, brochures, informative messages, etc.) to indicate the User as its customer and to use the User’s name, logo, details, marketing materials, etc. for these purposes. For any other distribution of the information provided by the User, the User’s consent is required.
26. The provider will never request the User to reveal their password and username for access to the system. All entered User passwords are stored in encrypted form and are unknown to the Provider. The User bears full responsibility for maintaining the confidentiality (non-disclosure of the password and username for accessing the Service), as well as for periodic password changes and its complexity. If the password is forgotten, it can be replaced with a new one after the necessary authorization procedure.
27. The provider is obligated to ensure access to the Service only through the use of an encrypted connection (SSL) and a valid certificate issued by a certification center.
28. The Service’s servers are located in a data center equipped with the necessary security standards, including but not limited to 24/7 video surveillance, physical control, and backup power supply.
29. This passage says that the Service may use cookies to store temporary information and to remember the user’s preferences, such as the language of the user interface. The cookies are not used to store confidential information of the user.
Intellectual property
30. The name, trademarks, and all intellectual property rights for the software, the Service’s websites on the internet, and all documents related to the software are the property of the Provider.
Warranties and Limitation of Liability
31. User takes on all risks associated with using the Service and its suitability for the User’s needs and goals. All services and software are offered “as is,” without any guarantees.
32. The Provider does not guarantee that the Service will operate uninterrupted and error-free. The Provider is in no way responsible for any interruptions in the Service’s operation that are due to the actions of third parties and/or force majeure.
33. The Provider is entitled to conduct preventive maintenance and improvement work during which the Service may be completely or partially unavailable. Such interruptions do not constitute a breach of this Agreement (it is not considered that the Service was not available) if the Provider has informed the User at least one day in advance.
34. The Provider shall not be liable for the fact that the User’s desires may not match the services actually provided.
35. The provider is not liable if the user’s desires do not match the actual services provided. If the user is dissatisfied with the performance, functionality, or security of the service for any reason, the only and exclusive form of protection of rights is to cancel this Agreement and to cease use of the service.
Final Rules
36. This Agreement replaces all previous agreements and/or contracts that were offered in writing or orally, and constitutes the full agreement between the User and the Provider regarding the use of the Service and other matters considered in the terms of the Agreement.
37. The User is not authorized to transfer any of the rights granted by the Provider to any other person, fully or partially, without the prior written consent of the Provider.
38. All disputes and conflicts between the parties to this Agreement arising from the activities of the User and the Provider and that cannot be resolved between the parties by negotiations shall be referred for consideration to the courts of the Republic of Latvia with jurisdiction in accordance with the applicable laws of the Republic of Latvia.
Term of Validity
39. The term of this agreement may be terminated by either party upon written notice to the other party at least one month in advance. The Provider reserves the right to immediately terminate the agreement if the User breaches the terms of this agreement or if the Provider files a claim for non-payment in court.
40. The information regarding changes, termination and fulfillment of this Agreement, financial information, invoices, claims, requests, notifications, and other such information will be sent by the Provider to the email address specified by the User in the Service.
41. The present Contract shall come into effect from the moment when the User gives its consent to the present Contract by placing the corresponding checkbox next to the words “I agree with the Service Usage Contract” and clicking the “Save” button, and shall remain in effect for as long as the User uses the Service or until the present Contract is terminated (the User’s license to use the Service is revoked).