Terms of Service – BookApp365
Eaglesnest Services LLC – Series BookApp365

Definitions, Agreement to be Bound.

1.1 Definitions

For purposes of these Terms, the following definitions apply:

• “Platform” — The BookApp365 website, applications, tools, and services made available to Vendors and Users.
• “Vendor” — Any business or individual offering services through the Platform, including their authorized staff or representatives.
• “User” or “Customer” — Any individual who accesses the Platform to view, book, or purchase services from a Vendor.
• “Account” — The registered profile created by a Vendor or User to access and use the Platform.
• “Content” — Any information, text, images, pricing, service descriptions, or other materials submitted, uploaded, or displayed by Vendors or Users on the Platform.
• “Booking” — Any appointment, reservation, or service request made through the Platform.
• “Terms” — This Terms of Service agreement, including all referenced policies and updates.

• “Payment Processor” refers to third‑party services used to process payments and payouts on behalf of Vendors.
• “Services” means the scheduling, booking, communication, payment, and business‑management tools provided by BookApp365.

1.2 Agreement to be Bound

By creating an account, accessing the Platform, or using any part of BookApp365’s services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms, along with all policies incorporated by reference. If you do not agree to these Terms, you must not use the Platform.

Your continued use of the Platform after any updates or modifications to these Terms constitutes acceptance of the revised Terms.

General Provisions

2.1 BookApp365 Not a Vendor; No Endorsement

BookApp365 is a technology platform that provides scheduling, booking, communication, and payment‑management tools to help Vendors operate their businesses and allow Clients to book services. BookApp365 does not provide, manage, supervise, or control the services offered by Vendors on the Platform.

Vendors are independent businesses and are solely responsible for the quality, safety, legality, pricing, availability, and delivery of the services they provide. BookApp365 does not employ Vendors, does not act as a Vendor, and does not guarantee or endorse any Vendor, service, business practice, or outcome.

Any interactions, transactions, or agreements between a Vendor and a Client occur directly between those parties. BookApp365 is not a party to those agreements and is not responsible for disputes, cancellations, refunds, service outcomes, or any issues arising from Vendor‑Client interactions.

2.2 Accuracy, Completeness, and Timeliness of Information

Information made available through the Platform, including business details, service descriptions, pricing, availability, policies, and content submitted by Users, is provided for general use and convenience. BookApp365 does not guarantee that any information displayed on the Platform is accurate, complete, current, or error‑free.

Vendors are solely responsible for ensuring that all information they provide—including services offered, pricing, scheduling, policies, and business details—is accurate and kept up to date. Clients are responsible for reviewing Vendor information before booking and for confirming any details directly with the Vendor when necessary.

BookApp365 may update, modify, or remove information on the Platform at any time without notice. However, BookApp365 does not have an obligation to monitor, verify, or correct information submitted by Users, nor does it guarantee that any information will be updated in real time.

2.3 Errors in the Services

The Platform may contain typographical errors, inaccuracies, omissions, or other unintended issues related to service descriptions, pricing, availability, scheduling, policies, or other content provided by BookApp365 or by Users. These errors may occur in any part of the Platform, including business profiles, booking pages, dashboards, or automated communications.

BookApp365 reserves the right to correct any errors, inaccuracies, or omissions at any time without prior notice. This includes the right to update information, modify content, or adjust features or functionality as needed to maintain the integrity and performance of the Platform.

BookApp365 does not guarantee that the Services will always be accurate, complete, or current. Vendors are solely responsible for reviewing and updating their own information, and Clients are responsible for verifying details with Vendors when necessary.

2.4 Modifications and Changes to Terms of Use

BookApp365 may update, revise, or modify these Terms of Service at any time. Changes may be made to reflect updates to the Platform, new features, legal requirements, or operational adjustments. When changes occur, the “Last Updated” date at the top of the Terms will be revised accordingly.

Your continued use of the Platform after any modifications constitutes acceptance of the updated Terms. If you do not agree to the revised Terms, you must stop using the Platform.

2.5 Modifications and Changes to the Services

BookApp365 may modify, update, enhance, suspend, or discontinue any part of the Platform or Services at any time, with or without notice. These changes may include adjustments to features, functionality, user interfaces, integrations, pricing structures, or operational processes.

BookApp365 is not liable to any User for any modification, suspension, or discontinuation of the Services. Your continued use of the Platform after such changes indicates your acceptance of the updated Services.

2.6 Access to Website or the Services

Access to the Platform and its Services is provided on an ongoing, availability‑based basis. BookApp365 is designed to operate 24/7 so Vendors can run their businesses at any time and Clients can book appointments whenever it is convenient for them. Continuous availability is a core part of the service, and BookApp365 works to maintain reliable uptime, stable performance, and uninterrupted access.

Despite these efforts, access to the Platform may occasionally be limited, slowed, or unavailable due to maintenance, updates, system improvements, network issues, or events outside our control. These interruptions may occur without notice.

BookApp365 may modify, restrict, or discontinue access to any part of the Platform at any time. BookApp365 is not responsible for any loss, inconvenience, or damages resulting from downtime, access limitations, or service interruptions.

2.7 Right of Refusal, Limitation, Discontinuation, and Termination

BookApp365 may refuse access to the Platform or any portion of the Services to any User at its sole discretion. This includes the right to limit, suspend, or terminate access if a User violates these Terms, engages in fraudulent or abusive behavior, misuses the Platform, or poses a risk to the integrity, security, or operation of the Services.

BookApp365 may also limit or discontinue certain features, functionalities, or tools if necessary to maintain system performance, protect Users, comply with legal obligations, or support ongoing improvements to the Platform.

Vendors and Clients remain responsible for all obligations and liabilities incurred prior to any suspension or termination. Termination of access does not relieve a Vendor of obligations related to outstanding appointments, payments, disputes, or compliance with applicable laws.

BookApp365 is not liable for any loss, inconvenience, or damages resulting from refusal of service, account limitations, feature restrictions, or termination of access.

2.8 Prohibited Uses of the Services

Vendors and Users may not use the Platform or any part of the Services in any way that interferes with the operation, integrity, security, or intended purpose of BookApp365. The following activities are strictly prohibited:

• Illegal or fraudulent activity — including identity fraud, payment fraud, false bookings, or misuse of payment systems.
• Interference with the Platform — attempting to disrupt, damage, overload, or impair the Services, servers, networks, or security systems.
• Unauthorized access — accessing or attempting to access accounts, data, or systems without permission, including scraping, data mining, or bypassing security measures.
• Misrepresentation — providing false, misleading, or incomplete information about your identity, business, services, or qualifications.
• Harassment or abuse — engaging in threatening, abusive, or harmful behavior toward Clients, Vendors, or BookApp365 staff.
• Posting harmful or inappropriate content — including defamatory, obscene, discriminatory, or otherwise objectionable material.
• Commercial misuse — using the Platform for purposes unrelated to legitimate scheduling, booking, or business operations, including unauthorized advertising or solicitation.
• Reverse engineering or tampering — attempting to copy, modify, decompile, or extract source code, algorithms, or proprietary components of the Platform.
• Violation of laws or regulations — using the Services in a manner that violates local, state, federal, or international laws.

2.9 Communications Systems and Authorization to Contact You

BookApp365 uses various communication systems to operate the Platform, including email, SMS, in‑app notifications, automated reminders, and pop‑out informational messages. By using the Services, you authorize BookApp365 to contact you through any communication method associated with your account for operational, transactional, security, and support‑related purposes.

BookApp365 may display pop‑out messages, alerts, or informational notices within the Platform to provide guidance, highlight features, communicate updates, or assist with account activity. These messages are part of the normal operation of the Services.

BookApp365 may analyze messages, content, and interactions transmitted through the Platform—including booking notes, automated reminders, and Vendor‑Client communications—to detect fraud, enforce policies, improve features, enhance user experience, and maintain the safety and integrity of the Services. This analysis may be automated or human‑assisted, and is conducted in accordance with the Privacy Policy.

2.10 Privacy of Others

Users must respect the privacy and personal information of others when using the Platform. You may not collect, store, use, or disclose any personal data obtained through BookApp365 except as necessary to complete legitimate booking‑related interactions or as permitted by applicable law. Any misuse, unauthorized sharing, or exploitation of another User’s information is strictly prohibited.

You may not use the Platform, its data, or any contact information obtained through it for unsolicited marketing, mass messaging, spam, or promotional outreach unless the receiving party has given clear, express permission. Vendors may communicate with Clients only for legitimate service‑related purposes such as appointment confirmations, updates, or follow‑up messages related to a completed service.

BookApp365 may send operational, transactional, and security‑related communications to Users. Marketing communications from BookApp365 are optional, and Users may opt out at any time as described in the Privacy Policy.

2.11 Government End Users

The Services, Platform, and all related software, documentation, and technical data are considered “commercial items” as defined under applicable U.S. federal acquisition regulations. If you are a U.S. Government agency or are accessing the Platform on behalf of a Government entity, your use of the Services is subject to these Terms of Service and is provided only with the rights granted to all other Users.

No additional rights, privileges, or concessions are provided to Government End Users beyond what is expressly stated in these Terms. Government End Users acknowledge that:

• The Services are provided solely as commercial, off‑the‑shelf technology
• Any use, duplication, or disclosure must comply with these Terms
• BookApp365 retains all rights, title, and interest in the Platform and its components

Government End Users agree that these Terms govern their use of the Services in lieu of any conflicting federal procurement regulations or clauses, except where legally required.

2.12 Export Control

The Services, software, technology, and materials provided through BookApp365 may be subject to United States export control laws and regulations, including the Export Administration Regulations (EAR) and other applicable international trade restrictions. By accessing or using the Platform, you agree to comply with all such laws and regulations.

You may not use, export, re‑export, transfer, or disclose any portion of the Services:

• To any country, entity, or individual prohibited by U.S. law
• For any purpose restricted by applicable export regulations, including nuclear, chemical, or biological weapons development, or military end‑use where prohibited
• In violation of any embargo, sanction, or trade restriction imposed by the United States or other applicable jurisdictions

You represent and warrant that you are not located in, under the control of, or a resident or national of any restricted country or entity, and that you are not otherwise prohibited from receiving or using the Services under applicable export laws.

2.13 Fraudulent Actions of Users

Users are strictly prohibited from engaging in any form of fraud, deception, or dishonest conduct while using the Platform. Fraudulent actions undermine the integrity of the Services and may result in immediate suspension or termination of access, as well as potential legal or financial consequences.

Fraudulent actions include, but are not limited to:

• Providing false or misleading identity, business, or payment information
• Creating fake accounts, fake bookings, or manipulating appointment data
• Attempting to obtain services without payment or initiating false disputes or chargebacks
• Misusing another User’s account, data, or payment method
• Circumventing or attempting to circumvent Platform rules, fees, or payment processes
• Engaging in any scheme intended to deceive Vendors, Clients, or BookApp365

BookApp365 may investigate suspected fraudulent activity and may share relevant information with payment processors, law enforcement, or other authorized parties when required. Users found to have engaged in fraud may be held financially responsible for losses, fees, chargebacks, penalties, or damages resulting from their actions.

BookApp365 is not liable for any loss, damage, chargeback, dispute, or harm arising from fraudulent actions committed by any User.

Customer Accounts

3.1 Online Accounts

Customers may choose to register for an account on BookApp365 through an online, mobile, or other supported registration method. Creating an account (“Account”) allows you to receive information from BookApp365 and to access or participate in certain features of the Services, including booking management, notifications, and Vendor interactions. Any information you provide during registration will be handled in accordance with the BookApp365 Privacy Policy.

By registering, you represent and warrant that all information you submit is current, complete, and accurate to the best of your knowledge. You agree to maintain and promptly update your Account information so it remains current, complete, and accurate at all times.

During registration, you may be required to create a password or authentication method. You acknowledge and agree that BookApp365 may rely on these credentials to identify you. You are responsible for all activity that occurs under your Account, whether or not you authorized such use, and you are responsible for ensuring that all use of your Account complies with these Terms of Service.

Accounts may be cancelled by contacting BookApp365 support at www.bookapp365.com.

3.2 Account Guidelines

Users who choose to create an Account on BookApp365 must use the Platform in a responsible, lawful, and respectful manner. By maintaining an Account, you agree to follow these guidelines to protect the integrity of the Services and the experience of all Users.

• Provide accurate information — All Account details must remain current, complete, and truthful.
• Use the Account for legitimate purposes — Accounts may only be used for lawful booking‑related activities and interactions supported by the Platform.
• Respect other Users — Communications with Vendors, Clients, and support staff must remain professional and free from harassment, abuse, or inappropriate conduct.
• Protect your login credentials — You are responsible for safeguarding your password and any authentication methods associated with your Account.
• Avoid misuse or manipulation — Activities such as creating duplicate accounts, misrepresenting your identity or services, or attempting to exploit Platform features are prohibited.
• Comply with all Terms and policies — Your use of the Account must align with these Terms of Service, the Privacy Policy, and any additional rules or guidelines provided by BookApp365.

Failure to follow these guidelines may result in limitations, suspension, or termination of your Account to protect the Platform and its Users.

3.3 Rights in Submissions

By maintaining an Account and using the Services, you may submit, upload, post, or transmit content through the Platform, including messages, booking details, service descriptions, business information, images, and other materials (“Submissions”). You retain ownership of your Submissions; however, you grant BookApp365 a non‑exclusive, worldwide, royalty‑free, transferable, and sublicensable license to use, host, store, reproduce, modify, display, transmit, and distribute your Submissions as necessary to operate, maintain, improve, and provide the Services.

You represent and warrant that you own or have the necessary rights, permissions, and authority to provide all Submissions and to grant the above license. You further represent that your Submissions do not infringe, violate, or misappropriate the rights of any third party, including privacy, publicity, intellectual property, or contractual rights.

BookApp365 may remove or restrict access to any Submission that violates these Terms, poses a security or operational risk, or is otherwise objectionable or unlawful.

3.4 Right to Monitor

BookApp365 may, at its sole discretion, monitor your Account and related activity to protect the security, integrity, and proper operation of the Services.

3.5 Verification of Vendor and Users

BookApp365 may, at its discretion, require Vendors and Users to verify their identity, business information, contact details, or other submitted data to maintain the safety, integrity, and trustworthiness of the Platform. Verification may include confirming email addresses, phone numbers, payment information, business credentials, or other documentation relevant to your use of the Services.

Verification requirements may differ for Users and Vendors, and BookApp365 may request additional information at any time if suspicious activity, inconsistencies, or compliance concerns arise. Failure to complete verification when requested may result in limited functionality, restricted access, or suspension of your Account.

Verification does not guarantee the legitimacy, qualifications, or safety of any Vendor or User, and BookApp365 is not responsible for any loss or harm resulting from interactions with unverified or verified Users.

3.6 Account Settings

Users who create an Account may manage their personal information, preferences, and certain Platform features through the Account Settings section. These settings allow you to update your contact details, notification preferences, business information (for Vendors), and other configurable options made available within the Platform.

You are responsible for ensuring that all information within your Account Settings remains accurate, current, and complete. Any changes you make—such as updating your email, phone number, business details, or service offerings—must reflect truthful and lawful information.

BookApp365 may add, modify, or remove available settings as part of ongoing improvements to the Services. Some settings may be required for proper functionality, compliance, or security, and disabling or failing to maintain them may limit your ability to use certain features of the Platform.

3.7 Use of the Booking Services via Third‑Party Platforms

You may choose to use BookApp365 through third‑party apps, websites, or integrations. When you do, those platforms have their own terms and privacy rules that apply alongside ours.

BookApp365 doesn’t control how those third‑party platforms work, and we’re not responsible for their performance, security, or availability. Any information you share through them follows their privacy practices, and some features may work differently or be limited outside the main BookApp365 Platform.

Your relationship with any third‑party platform is between you and that provider, and BookApp365 isn’t liable for any issues or losses that come from using those external services.

3.8 Customer Reviews

Customers may have the ability to leave reviews, ratings, comments, or feedback about their experience with Vendors or services booked through BookApp365 (“Customer Reviews”). By submitting a review, you agree that your feedback must be honest, accurate, and based on your actual experience.

You may not post reviews that are false, misleading, defamatory, abusive, or intended to manipulate a Vendor’s reputation. Reviews must not include private information about another person, promotional content, or anything that violates these Terms or applicable law.

BookApp365 may display Customer Reviews publicly on the Platform and may use them to improve the Services. BookApp365 may remove or restrict any review that violates these Terms, appears fraudulent, or poses a risk to the integrity of the Platform.

Terms of Sale for Booking Services, Payment Services, Vendor Rankings in Search Results.

4.1 Appointment Booking

BookApp365 provides tools that allow Customers to book appointments with Vendors through the Platform. When you schedule an appointment, you agree that all information you provide—such as your contact details, selected services, and preferred times—is accurate and complete.

Submitting a booking request does not guarantee availability. Vendors may accept, modify, or decline appointments based on their schedule, policies, or service requirements. You are responsible for reviewing all appointment details before confirming your booking.

Customers must follow any Vendor‑specific rules, preparation instructions, or policies associated with the appointment. BookApp365 is not responsible for Vendor availability, service quality, cancellations, delays, or any issues that arise between Customers and Vendors during or after the booking process.

Changes or cancellations to appointments are subject to the Vendor’s policies, and any fees or charges resulting from those policies are the Customer’s responsibility.

4.2 Appointment No‑Show & Cancellation Policy

When a Customer books an appointment through BookApp365, they agree to follow the Vendor’s individual cancellation and no‑show policies. Each Vendor sets their own rules, timeframes, and fees for cancellations, rescheduling, and missed appointments.

Customers are responsible for reviewing these policies before confirming a booking. If you cancel late, fail to show up, or otherwise violate a Vendor’s policy, the Vendor may charge a fee or take other actions allowed under their terms. These fees are determined solely by the Vendor.

BookApp365 does not set, control, or enforce Vendor cancellation or no‑show policies and is not responsible for any fees, disputes, losses, or issues that arise from missed or cancelled appointments.

4.3 Usage Guidelines

Use the Booking Services in an honest, respectful, and responsible way. Keep your information accurate, follow Vendor policies, and communicate politely with others. Do not create fake bookings, misuse the system, or interfere with another User’s experience. BookApp365 may limit or remove access if these guidelines are not followed.

4.4 BookApp365 Payment Services

BookApp365 provides payment tools that allow Vendors to accept payments from Customers for services booked through the Platform. These tools may include card payments, digital payments, deposits, prepayments, and other payment features made available from time to time.

By using the Payment Services, you agree that all transactions must be lawful, accurate, and tied to legitimate bookings or services. Vendors are responsible for setting their own prices, fees, and policies, and Customers are responsible for reviewing those details before completing a payment.

BookApp365 facilitates payments but is not a party to the transaction between Customers and Vendors. Any disputes, refunds, chargebacks, or issues related to a payment are handled according to the Vendor’s policies and the rules of the payment processor involved.

BookApp365 may update, modify, or limit Payment Services as needed to maintain security, compliance, and proper operation of the Platform.

4.5 Sale Prices

Vendors are solely responsible for setting the prices of their services, including any discounts, promotions, or special offers. Customers are responsible for reviewing all pricing information before completing a booking or payment.

BookApp365 does not control Vendor pricing and is not responsible for errors, changes, or disputes related to a Vendor’s listed prices. Any issues regarding pricing must be resolved directly between the Customer and the Vendor.

4.6 Payment Card Information

When you provide payment card information through BookApp365, you agree that all details you enter must be accurate, complete, and authorized for use. Your card information is processed securely by our third‑party payment partners, and BookApp365 does not store full card numbers on the Platform.

You are responsible for keeping your payment details up to date and for ensuring that any card you use is valid and belongs to you or that you have permission to use it. Any issues related to card validity, declined transactions, or unauthorized use must be resolved with your card issuer or the Vendor, depending on the situation.

BookApp365 may require updated or additional payment information if a transaction fails or if needed to complete a booking or payment.

4.7 Payment Authorization and Settlement

By submitting a payment through BookApp365, you authorize the applicable amount to be charged to your selected payment method. This may include service fees, deposits, prepayments, taxes, or any other charges set by the Vendor.

Payment authorization may occur at the time of booking or at the time of service, depending on the Vendor’s policies. Once a payment is processed, funds are settled directly to the Vendor through the third‑party payment processor used by the Platform.

BookApp365 does not hold, control, or manage funds on behalf of Customers or Vendors. All payment processing, settlement timing, and related financial operations are handled by the payment processor according to its own rules and timelines.

Any disputes, chargebacks, or questions about a processed payment must be resolved with the Vendor or the payment processor, depending on the issue.

4.8 Receipts and Transaction History

After a payment is completed through BookApp365, Customers may receive a receipt showing the amount paid, the services purchased, and other relevant transaction details. Vendors may also access their payment records through their dashboard.

Your transaction history within BookApp365 reflects payments processed through the Platform but may not include adjustments, refunds, or fees handled outside the system. Customers and Vendors are responsible for keeping their own copies of receipts or records as needed.

BookApp365 may update or modify how receipts and transaction history are displayed as part of ongoing improvements to the Platform.

4.9 Incomplete Payments

A payment may be considered incomplete if a transaction fails, is declined, is not fully authorized, or cannot be processed by the payment provider. When this happens, the booking or service may not be confirmed, and the Customer may be asked to update their payment method or try again.

Vendors are responsible for deciding how to handle incomplete payments, including whether to hold, cancel, or reschedule an appointment. Any fees or policies related to incomplete payments are set by the Vendor.

BookApp365 does not finalize or guarantee any transaction that has not been successfully processed by the payment provider and is not responsible for delays, failures, or issues caused by incomplete payments.

4.10 Set‑Up Process

To use BookApp365’s Payment Services, Vendors must complete the required setup steps through the Platform and our third‑party payment partners. This may include creating or connecting a payment account, submitting business or personal information, verifying identity, and agreeing to the payment provider’s terms.

All information provided during setup must be accurate and kept up to date. Payment features may not be available until verification is complete, and delays or restrictions may occur if required information is missing or incorrect.

BookApp365 may update or adjust the setup requirements at any time to maintain security, compliance, or proper operation of the Payment Services.

4.11 Relationship with Stripe, Inc.

BookApp365 uses Stripe, Inc. and its affiliates to provide secure payment processing. When you use the Payment Services, you also agree to Stripe’s terms, policies, and privacy practices, which govern how your payment information is handled.

Stripe processes payments directly and may require you to provide personal or business information for verification, compliance, or fraud‑prevention purposes. This information is shared with Stripe only as needed to operate the Payment Services.

BookApp365 does not control Stripe’s systems, decisions, or data practices and is not responsible for any actions taken by Stripe. Your use of the Payment Services means you consent to the transfer and processing of your information by Stripe in accordance with its policies.

Terms of Use

6.1 Unauthorized Business & Content

You may not use BookApp365 to promote, offer, or conduct any business or activity that is illegal, unsafe, misleading, or otherwise prohibited under these Terms or applicable law. This includes posting or sharing content that is harmful, offensive, fraudulent, or violates the rights of others.

Content that is violent, discriminatory, hateful, sexually explicit, or deceptive is not allowed. You may not use the Platform to advertise unrelated products, run unauthorized promotions, or engage in activities that could harm Customers, Vendors, or the integrity of BookApp365.

BookApp365 may remove or restrict any content or activity that violates these rules or poses a risk to the Platform or its Users.

6.2 Vendor Account

Vendors must maintain an active, accurate, and secure account to use BookApp365. All information provided—such as business details, services, pricing, and policies—must be truthful and kept up to date. Vendors are responsible for all actions taken through their account, including those by any staff or authorized users they allow to access it.

Vendor accounts may not be created with false information, used for unauthorized purposes, or shared in ways that compromise security. BookApp365 may limit, suspend, or terminate a Vendor account if it violates these Terms, poses a risk to the Platform, or disrupts the experience of other Users.

6.3 Registration, Service Fees

Vendors must complete all required registration steps to access and use BookApp365’s services. This may include providing accurate business information, verifying identity, and agreeing to any applicable third‑party terms. Vendors are responsible for keeping all registration details current.

BookApp365 may charge service fees for certain features, payment processing, or other tools offered through the Platform. Any applicable fees will be disclosed within the Vendor dashboard or during setup. By continuing to use the Platform, Vendors agree to pay all service fees associated with their account.

Failure to pay required fees or maintain valid payment information may result in limited access, suspension, or termination of Vendor services.

6.4 Creation of Account on a Third‑Party Platform

Vendors may be required to create or connect an account with a third‑party platform—such as a payment processor, identity verification service, or other integrated provider—to access certain features of BookApp365. When doing so, Vendors must provide accurate information and comply with the third‑party’s terms, policies, and verification requirements.

These third‑party accounts are separate from BookApp365, and BookApp365 does not control their systems, decisions, or data practices. Vendors are responsible for maintaining their third‑party accounts in good standing and for resolving any issues directly with the provider. Failure to complete or maintain required third‑party setup may limit access to features within BookApp365.

6.5 Cancellation of a Vendor Account

Vendors may cancel their BookApp365 account at any time directly through the BookApp365 dashboard. Cancelling an account also cancels any active services tied to that account.

Before cancellation is finalized, Vendors remain responsible for all outstanding obligations, including upcoming appointments, pending payments, refunds, disputes, and any fees owed. Cancellation does not remove business or financial data that BookApp365 must retain for legal or operational reasons.

Once the cancellation is processed, access to Vendor tools, data, and features will end. To use the Platform again, a new account must be created.

6.6 Compliance with all Terms of Sale

Vendors must follow all Terms of Sale they set on BookApp365, including pricing, availability, service details, and cancellation or refund rules. All information shown to Customers must be accurate and kept up to date.

Vendors are responsible for honoring their listed prices, completing confirmed appointments, and following their own policies. Any disputes that arise from a Vendor not following their Terms of Sale must be resolved between the Vendor and the Customer.

6.7 Vendor Warranties

Vendors warrant that all information they provide on BookApp365—such as business details, services, pricing, availability, and policies—is accurate, lawful, and does not infringe on the rights of others. Vendors also warrant that they have all required licenses, permits, and qualifications to offer the services they list on the Platform.

Vendors may not use BookApp365 to offer illegal, unsafe, misleading, or unauthorized services. Vendors must follow all applicable laws, industry standards, and Platform rules when operating their business through BookApp365.

6.8 Listing Description

Vendors must ensure that all listings on BookApp365 accurately describe the services they provide. This includes clear and truthful details about the service, pricing, duration, availability, requirements, and any policies that apply.

Listings may not contain misleading, incomplete, or deceptive information. Vendors are responsible for keeping all listing details updated so Customers can make informed decisions.

6.9 Maintenance of Calendar

Vendors are responsible for keeping their BookApp365 calendar accurate and up to date. This includes maintaining correct availability, blocking out times when services cannot be provided, and updating the calendar whenever schedules change.

Customers rely on the Vendor’s calendar to book appointments. If the calendar is not properly maintained, Vendors are still responsible for honoring confirmed bookings or resolving any conflicts directly with the Customer.

6.10 Ethical Selling Tactics

Vendors must use honest, respectful, and ethical selling practices when offering services on BookApp365. All communication with Customers must be clear, professional, and free from pressure, misleading claims, or deceptive tactics.

Vendors must provide accurate information about their services, pricing, availability, and policies, and must respond to Customer inquiries in a timely and respectful manner. Harassment, inappropriate behavior, or unprofessional communication is not allowed.

6.11 Compliance with Law

Vendors must follow all applicable federal, state, and local laws when using BookApp365. This includes laws related to business operations, licensing, advertising, data privacy, consumer protection, and any regulations specific to the services they provide.

Vendors are solely responsible for ensuring their services, policies, and business practices comply with all legal requirements. 

6.12 Freedom of Promotional Methods

Vendors are free to promote their business and services outside of BookApp365 using any lawful and ethical marketing methods they choose. This includes advertising on social media, websites, print materials, or other channels not controlled by the Platform.

Promotional activities must not misrepresent BookApp365, misuse the Platform’s branding, or imply partnerships or endorsements that do not exist. Any promotions that direct Customers back to BookApp365 must remain accurate and comply with all Platform rules.

6.13 Right of Refusal

Vendors may refuse or decline any booking, service request, or Customer interaction, as long as the refusal complies with applicable laws and does not involve discrimination, harassment, or other prohibited conduct.

6.14 Policies, Terms of Sale Required

Vendors must maintain clear and accurate policies including pricing, service details, cancellation rules, refund terms, and any other conditions that apply to their services. 

Vendors are responsible for ensuring their Terms of Sale comply with all applicable laws and accurately reflect how their business operates. 

6.15 Chargebacks and Revocations

Vendors are responsible for any chargebacks, payment reversals, or revoked transactions related to their Customers. If a Customer disputes a charge, the Vendor must handle the dispute directly and provide any required documentation to the payment processor.

Any fees, penalties, or losses resulting from chargebacks or revoked payments are the Vendor’s responsibility. BookApp365 does not cover or reimburse these amounts.

6.16 Withholding of Funds

BookApp365 never holds or manages Vendor funds. All payments, payouts, and any temporary holds are handled entirely by the third‑party payment processor connected to the Vendor’s account.

The payment processor may place a hold on funds for reasons like fraud checks, disputes, chargebacks, verification issues, or other risk‑related reviews. Any questions about a hold must be worked out directly with the payment processor.

6.17 Payouts & Fast Payouts

All payouts are handled directly by the third‑party payment processor connected to the Vendor’s account. BookApp365 does not manage, delay, or control when funds are released.

Standard payout timing, eligibility for fast payouts, and any related fees are determined entirely by the payment processor. Availability of fast payouts may vary based on the Vendor’s account status, verification, location, and the processor’s own policies.

Any questions about payout timing, delays, or fast‑payout eligibility must be addressed directly with the payment processor. Vendors remain responsible for ensuring their payout details are accurate and up to date.

6.18 Responsibility for Accurate Payout Information

Vendors are responsible for providing and maintaining accurate payout information with the third‑party payment processor. This includes ensuring that bank details, account numbers, tax information, and any required verification documents are correct and up to date.

If payouts are delayed, rejected, or fail due to incorrect or outdated information, the Vendor is solely responsible for resolving the issue with the payment processor. BookApp365 cannot update, correct, or intervene in payout details on the Vendor’s behalf.

Keeping payout information current helps ensure smooth and timely deposits.

6.19 Processing Errors

If a payment is processed incorrectly—whether due to a technical issue, incorrect information, or an error made by the third‑party payment processor—the Vendor is responsible for working directly with the payment processor to resolve it. BookApp365 does not handle, correct, or reverse payment processing errors.

Processing errors may include duplicate charges, failed payouts, incorrect amounts, or delays caused by incomplete verification or inaccurate account details. Vendors must provide accurate information and promptly address any issues raised by the payment processor.

6.20 Refunds

Vendors handle all refund requests directly with their Customers. Clear, upfront refund rules help Customers understand what to expect, and Vendors are expected to follow those rules consistently.

All refunds must be issued through the Vendor’s connected third‑party payment processor. BookApp365 does not issue or reverse refunds on a Vendor’s behalf.

6.21 Payment of Taxes

Vendors are responsible for paying all taxes related to their business, including any sales tax, income tax, or other taxes required by law. This includes determining whether taxes apply to their services and making sure those taxes are collected and reported correctly.

BookApp365 does not calculate, collect, or remit taxes on a Vendor’s behalf. All tax obligations remain solely with the Vendor.

6.22 Transaction History

Vendors can view their own transaction history directly through their connected third‑party payment processor. This includes payments received, refunds issued, chargebacks, fees, and payout activity.

BookApp365 does not store or manage financial transaction records. All official payment details come from the payment processor’s dashboard, and Vendors are responsible for reviewing and keeping copies of their own records as needed for accounting or tax purposes.

6.28 Personal Data Processing Agreement

Vendors are responsible for understanding and complying with any data‑processing obligations that apply to their business. By using BookApp365, Vendors acknowledge that all payment, payout, and financial data is processed directly by the third‑party payment provider, and any data‑processing terms required by that provider apply to the Vendor’s use of their services.

BookApp365 processes only the limited personal data necessary to operate the Platform, as described in its Privacy Policy. Vendors are responsible for ensuring their own data practices comply with applicable laws, including how they collect, store, and use Customer information outside the Platform.

Intellectual Property; Privacy

7.1 Intellectual Property Rights Not Waived

All intellectual property rights associated with the Platform—including its design, features, content, trademarks, and underlying technology—remain fully owned by BookApp365 or its licensors. Using the Platform does not grant Vendors or Customers any ownership or exclusive rights to this intellectual property.

Any permissions granted to access or use the Platform are limited, revocable, and non‑exclusive. No part of these Terms should be interpreted as a waiver of BookApp365’s intellectual property rights, and those rights remain protected in full at all times.

7.2 Feedback

Vendors are welcome to share ideas, suggestions, or feedback about BookApp365. When feedback is submitted, the Vendor agrees that BookApp365 may use it to improve the Platform without any obligation to provide compensation, credit, or ownership rights.

Sharing feedback is completely optional, but it helps BookApp365 continue building features that support Vendors and their Customers.

7.3 Grant of License by User

When Vendors or Customers upload or share content on the Platform—such as business information, service descriptions, photos, logos, or other materials—they grant BookApp365 a limited, non‑exclusive license to use that content only as needed to operate and promote the Platform. This includes displaying the content within listings, profiles, search results, and other areas where it supports the Vendor’s services.

This license does not change ownership. Vendors and Customers keep all rights to their own content. It simply allows BookApp365 to use the content in ways that make the Platform function smoothly for all users.

7.4 Confidential Information of Customers

Vendors must keep all Customer information they receive through the Platform confidential. This includes names, contact details, appointment information, and any other personal data shared during the booking process.

Customer information may only be used for providing the requested services and managing the booking. Vendors may not sell, share, or use Customer data for unrelated purposes, marketing without consent, or any activity that violates privacy laws.

Vendors are responsible for protecting Customer information they download, store, or handle outside the Platform and must follow all applicable privacy and data‑protection requirements.

7.5 Application License by BookApp365

BookApp365 grants Vendors a limited, non‑exclusive, non‑transferable license to access and use the Platform for its intended purposes—creating listings, managing bookings, communicating with Customers, and running their business through the tools provided.

7.6 DMCA Notice of Infringement

If you believe that content on the Platform infringes your copyright, you may submit a Digital Millennium Copyright Act (DMCA) notice to BookApp365. Your notice must include all information required under the DMCA, such as identification of the copyrighted work, the specific content you believe is infringing, and a statement made under penalty of perjury that your claim is accurate.

Upon receiving a valid DMCA notice, BookApp365 may remove or disable access to the reported content and may notify the Vendor who posted it. Vendors who believe their content was removed in error may submit a counter‑notice as permitted by the DMCA.

BookApp365 may restore content if a valid counter‑notice is received, unless the original complainant initiates a legal action within the required timeframe.

Third-Party Advertisements, Promotions

8.1 Third‑Party Advertisements and Promotions

The Platform may display advertisements, offers, or promotions from third‑party companies. These materials are provided for convenience and may link to products, services, or websites that are not owned or controlled by BookApp365.

BookApp365 does not endorse, guarantee, or take responsibility for any third‑party advertisements or promotional content. Any interactions, purchases, or communications with third parties are solely between the Vendor or Customer and the third party.

Disclaimers & Liability Limits, and Indemnification 

9.1 Warranty and Limitation of Liability

The Platform is provided on an “as‑is” and “as‑available” basis. While BookApp365 aims to maintain continuous availability and keep the service accessible 24/7, uninterrupted access cannot be guaranteed. The Platform may experience delays, errors, outages, or other interruptions.

To the fullest extent permitted by law, BookApp365 disclaims all warranties—express or implied—including warranties of accuracy, reliability, fitness for a particular purpose, and non‑infringement. BookApp365 is not liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost data, business interruptions, or losses arising from the use of or inability to use the Platform.

BookApp365’s total liability for any claim is limited to the amount paid (if any) for access to the Platform during the twelve months preceding the event giving rise to the claim. These limitations apply even if BookApp365 has been advised of the possibility of such damages.

9.2 Indemnification

Vendors agree to indemnify and hold harmless BookApp365, its owners, affiliates, employees, and service providers from any claims, damages, losses, liabilities, costs, or expenses (including reasonable legal fees) arising out of or related to:

• the Vendor’s use of the Platform
• the Vendor’s services, actions, or omissions toward Customers
• any violation of these Terms
• any violation of applicable laws or regulations
• any content or information the Vendor submits, uploads, or provides through the Platform

This obligation applies to claims brought by Customers, third parties, governmental authorities, or any other entity and remains in effect even after the Vendor stops using the Platform.

9.3 Release

Vendors release BookApp365, its owners, affiliates, employees, and service providers from any claims, demands, disputes, or damages arising out of or related to interactions with Customers, the services Vendors provide, or any disputes between a Vendor and a Customer or third party.

This release applies to all types of claims—known or unknown—that result from using the Platform, except where prohibited by law. Vendors are solely responsible for resolving any issues, disagreements, or conflicts involving their own business activities outside the Platform.

Governing Law and Arbitration

10.1 Governing Law

These Terms are governed by and interpreted in accordance with the laws of the State of Texas, without regard to its conflict‑of‑law principles. Any disputes arising from or relating to the Platform or these Terms will be handled under Texas law.

10.2 Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Platform will be resolved through binding arbitration rather than in court. Arbitration will be conducted on an individual basis and not as part of a class action, class arbitration, or other representative proceeding.

The arbitration will take place in Texas under the rules of a recognized arbitration provider. The arbitrator’s decision will be final and enforceable in any court with appropriate jurisdiction.

Vendors and BookApp365 each waive the right to a jury trial and agree that arbitration is the exclusive method for resolving disputes, except that either party may seek injunctive or equitable relief in court to protect intellectual property or prevent unauthorized use of the Platform.

Miscellaneous

11.1 Customer Service

BookApp365 provides customer service support to assist with questions about account access, bookings, payments, or general use of the Platform. Vendors may contact support through the communication channels made available within the Platform.

Response times may vary, but BookApp365 aims to address inquiries promptly and provide clear guidance to help resolve issues related to Platform functionality.

11.2 Affiliate Disclosure

BookApp365 may participate in affiliate programs or partnerships with third‑party companies. This means BookApp365 may earn commissions or other benefits when Vendors or Customers interact with, purchase from, or sign up for services through links or promotions displayed on the Platform.

11.3 Authority

By using the Platform, Vendors represent and warrant that they have the full authority, rights, and permissions to enter into these Terms, operate their business, and offer the services they list on BookApp365. Vendors further confirm that any individual acting on their behalf—such as staff, contractors, or administrators—has been properly authorized to manage the Vendor’s account and perform actions within the Platform.

11.4 Waiver

If BookApp365 does not enforce any part of these Terms at a given time, that choice does not waive BookApp365’s right to enforce the same provision later. No waiver is valid unless it is provided in writing and clearly states the specific provision being waived.

11.5 Force Majeure

BookApp365 is not responsible for any failure to perform, or any delay in performing, its obligations under these Terms when such failure or delay is caused by events beyond its reasonable control. These events may include natural disasters, acts of God, power outages, internet or telecommunications failures, labor disputes, governmental actions, pandemics, or any other circumstances that make performance impracticable.

During a force majeure event, BookApp365’s obligations will be suspended for the duration of the disruption, and the Platform may be unavailable or limited without liability to Vendors or Customers.

11.7 Rights of Third Parties

These Terms are intended solely for the benefit of BookApp365, Vendors, and Users. No other person or entity has any rights under these Terms, and nothing in this agreement creates any third‑party beneficiary rights unless expressly stated in writing.

11.8 Relationship of the Parties

BookApp365, Vendors, and Users are independent parties. Nothing in these Terms creates a partnership, joint venture, franchise, agency, fiduciary relationship, or employment relationship between BookApp365 and any Vendor or User. Vendors operate their own independent businesses and are solely responsible for their services, pricing, policies, and interactions with Customers. BookApp365 does not supervise, direct, or control the services Vendors provide.

11.9 Severability

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

11.10 Notices

BookApp365 may send notices, updates, or other important communications to Vendors and Users through the email address associated with their account or through in‑Platform notifications. Notices are considered delivered when sent, not when opened or read.

Vendors and Users are responsible for keeping their contact information accurate and up to date to ensure they receive all required communications.

11.11 Effective Date

These Terms take effect on the date they are first posted on the Platform or otherwise made available to Vendors and Users. Continued use of the Platform after the Effective Date constitutes acceptance of the Terms.

Limitation of Liability

To the fullest extent permitted by applicable law, BookApp365, its owners, affiliates, officers, employees, contractors, and agents (collectively, “BookApp365 Parties”) shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of data, business interruption, service delays, or reputational harm, arising out of or related to your use of the Services, even if we have been advised of the possibility of such damages.

BookApp365 provides a marketplace platform that enables Vendors and Clients to connect. BookApp365 is not responsible for, and expressly disclaims all liability arising from, any acts, omissions, services, representations, pricing, scheduling, conduct, or contractual obligations of Vendors or Clients. All transactions, communications, and service outcomes are solely between the Vendor and the Client.

To the maximum extent permitted by law, the total aggregate liability of the BookApp365 Parties for any claim arising out of or relating to the Services or these Terms shall not exceed the greater of: (a) the amount you paid for the specific transaction giving rise to the claim, or (b) fifty dollars (USD $50).

Some jurisdictions do not allow certain limitations of liability. In those cases, the above limitations apply only to the extent permitted by law.

Disclaimer of Warranties

The Services are provided on an “as is,” “as available,” and “with all faults” basis. To the fullest extent permitted by law, BookApp365 disclaims all warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non‑infringement.

BookApp365 does not guarantee that the Services will be uninterrupted, error‑free, secure, or free of viruses or harmful components, nor do we guarantee that any defects will be corrected. We make no representations or warranties regarding the availability, reliability, quality, timeliness, suitability, or results of any Vendor services booked through the platform.

All Vendor services, communications, representations, pricing, scheduling, and outcomes are solely the responsibility of the Vendor. BookApp365 does not warrant, endorse, guarantee, or assume responsibility for any Vendor or Client, nor for any service, product, or information exchanged between them.

Some jurisdictions do not allow the exclusion of certain warranties. In those cases, this disclaimer applies only to the extent permitted by law.

Indemnification

You agree to defend, indemnify, and hold harmless BookApp365, its owners, affiliates, officers, employees, contractors, and agents (collectively, “BookApp365 Parties”) from and against any and all claims, demands, complaints, actions, liabilities, damages, losses, fines, penalties, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• Your use of the Services, including your interactions, transactions, or communications with any Vendor or Client.
• Your services, conduct, or omissions as a Vendor or Client, including any representations you make, work you perform, or obligations you fail to meet.
• Your violation of these Terms, any applicable laws or regulations, or the rights of any third party.
• Any dispute between a Vendor and a Client, including service quality, cancellations, payments, scheduling, performance, or outcomes.
• Content or information you submit, upload, publish, or transmit through the platform.

BookApp365 reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification. You agree to cooperate fully with any such defense.

This indemnification obligation survives your use of the Services and any termination of these Terms.

Governing Law & Dispute Resolution

These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict‑of‑law principles.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved through binding arbitration conducted in Texas, before a single arbitrator, in accordance with the rules of the American Arbitration Association (AAA). Judgment on the arbitration award may be entered in any court of competent jurisdiction.

You and BookApp365 agree that all disputes must be brought on an individual basis, and class actions, class arbitrations, and representative actions are not permitted.

Either party may seek temporary or preliminary injunctive relief in a court of competent jurisdiction to protect its rights pending arbitration.

BookApp365 is a wholly owned subsidiary of EaglesNest Services LLC