These Terms of Service ("Terms") are an agreement between you and BookBirdy LLC, a North Carolina limited liability company ("bookbirdy," "we," "us" or "our"). They cover your use of the bookbirdy website, apps and services (the "Service").
By creating an account or using the Service, you agree to these Terms and to our Privacy Policy. If you're using the Service for a business, you agree to these Terms for that business, and "you" means both you and the business.
1. Who the Service is for
bookbirdy helps photographers run their business: booking pages, sessions, clients, contracts, questionnaires, payments and emails. In these Terms, the families and other people who book with you are "your clients."
You must be at least 18 years old and able to enter into a contract to use the Service.
2. Your account
- Give us accurate information when you sign up, and keep it up to date.
- Keep your password safe. You're responsible for everything that happens under your account.
- Tell us right away at [email protected] if you think someone has gotten into your account.
3. Free trial, plans and billing
Free trial. New studios get a 14-day free trial. No card is needed to start. When the trial ends, you'll need to choose a plan to keep using the Service.
Plans. We offer paid plans, billed monthly or yearly. The features and prices of each plan are shown on our website and in the app.
Renewal. Your plan renews automatically at the end of each billing period, and your card is charged for the next period, until you cancel.
Payments. Subscription payments are processed by Stripe. Prices don't include taxes, and you're responsible for any taxes that apply.
Price changes. If we change the price of your plan, we'll tell you at least 30 days before the new price applies to you.
Failed payments. If a payment fails, we'll let you know in the app. If it isn't fixed, your studio may be paused until it is.
No refunds. You can cancel anytime. When you cancel, your plan keeps working until the end of the period you've already paid for, and you won't be charged again. We don't give refunds or credits for partial periods, unused time or plan downgrades, except where the law requires it.
4. Your content and your clients' information
You own your content. Everything you or your clients put into the Service stays yours. That includes client details, session information, contracts, questionnaires, images, emails and templates ("Your Content").
Our permission to use it. You give us permission to store, copy, process and display Your Content only as needed to run, secure, support and improve the Service for you. We don't sell Your Content, and we don't use it for advertising.
We work on your behalf. When we handle your clients' information, we do it on your behalf and following your instructions in the Service. You are responsible for your relationship with your clients, including:
- having the right to collect and use their information, including information about their children;
- getting any consents you need, such as permission to use photos for marketing, or to send marketing emails or texts;
- your own policies, contracts, pricing, refunds and cancellations with your clients; and
- following the laws that apply to your business, including privacy, consumer protection, marketing email and texting laws.
5. Payments from your clients
You can connect your own Stripe or Square account to take deposits and other payments from your clients. Those payments go straight from your clients to your payment account, under that provider's terms. bookbirdy never holds your money and isn't a party to those payments. You're responsible for your clients' refunds, disputes and chargebacks, and for any fees your payment provider charges.
6. Contracts, e-signatures and templates
The Service lets your clients sign your contracts electronically. You decide what your contracts say, and you're responsible for making sure they work for your business and follow the law where you work.
The starter templates we provide, including sample contracts, questionnaires and emails, are examples only. They are not legal advice. Please have your own attorney review any contract before you use it.
7. Emails and messages sent for you
When the Service sends emails or messages for you, such as booking confirmations, reminders, invoices, newsletters or other emails you turn on, they're sent on your behalf and you're responsible for them. Don't send messages your clients haven't agreed to receive, and honor every request to stop.
8. Services from other companies
The Service works with services from other companies, such as Google Calendar, Gmail, Stripe and Square. Your use of those services is covered by their own terms and privacy policies. We aren't responsible for those services, and if one changes or stops working, parts of the Service that rely on it may change or stop working too.
9. Acceptable use
Please don't:
- break the law, or help anyone else break it, using the Service;
- send spam or messages people haven't agreed to receive;
- upload anything you don't have the right to use, or anything harmful, abusive or illegal;
- try to get into other studios' accounts or data, or into parts of the Service you don't have access to;
- interfere with the Service, overload it, or probe it for weaknesses without our written permission;
- copy, resell or reverse engineer the Service; or
- use the Service to build a competing product.
10. Changes to the Service
We're always improving bookbirdy, so features may be added, changed or removed. Some features may be labeled as new or coming soon, and may change more often. We'll do our best to keep the Service running smoothly, but we can't promise it will always be available or free of errors.
11. Cancelling and closing accounts
You can cancel anytime in Settings, under Plan and billing. After your paid period ends, your studio pauses. Nothing is deleted when your studio pauses, so you can pick up where you left off if you come back.
Deleting your data. If you'd like your account and data deleted, email us at [email protected]. We may also delete a paused studio's data after giving you at least 30 days' notice by email.
If we suspend or close an account. We may suspend or close your account if you seriously or repeatedly break these Terms, if you don't pay, or if we need to in order to protect the Service, other users or the public, or to follow the law. When we can, we'll tell you first and give you a chance to fix the problem.
12. Disclaimers
The Service is provided "as is" and "as available." To the fullest extent the law allows, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. You're responsible for keeping your own copies of anything important to your business.
13. Limits on our liability
To the fullest extent the law allows:
- we won't be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or business opportunities; and
- our total liability for any claim about the Service or these Terms is limited to the amount you paid us for the Service in the 12 months before the claim arose.
Some places don't allow some of these limits, so they may not all apply to you.
14. Your responsibility to us
If someone brings a claim against us because of Your Content, your relationship with your clients, or your breaking these Terms or the law, you agree to cover our reasonable costs and losses from that claim, including reasonable attorneys' fees.
15. Governing law
These Terms are governed by the laws of the State of North Carolina, without regard to its conflict of law rules. Any dispute about these Terms or the Service will be handled only in the state or federal courts located in North Carolina, and you and we agree to those courts' jurisdiction.
16. Changes to these Terms
We may update these Terms from time to time. If a change is significant, we'll let you know by email or in the app at least 30 days before it takes effect. If you keep using the Service after the change takes effect, you're agreeing to the updated Terms.
17. Everything else
- These Terms and our Privacy Policy are the whole agreement between you and us about the Service.
- If any part of these Terms can't be enforced, the rest still applies.
- If we don't enforce part of these Terms right away, we can still enforce it later.
- You can't transfer your account or these Terms to someone else without our permission. We may transfer them as part of a merger, acquisition or sale of our business.
18. Contact us
Questions about these Terms? Email us at [email protected].
BookBirdy LLC, North Carolina