Terms of Service (Instabook AI)

1) Definitions

• Customer: the business or organisation that creates an account and/or pays for the Service.
• Users: Customer’s employees, contractors, or authorised agents who use the Service.
• Client: Customer’s end customers (e.g., guests/patients/customers) whose data is processed in the Service.
• Customer Data: all data submitted to the Service by or on behalf of Customer, including Client data, booking details, messages, and files.
• Third-Party Channels: messaging and communication platforms such as WhatsApp, Telegram, email, SMS, voice providers, or similar services used to interact with Clients.

2) The Service

Instabook AI provides tools for appointment booking, scheduling, CRM, messaging, and AI-assisted interactions with Clients through supported channels.

We may update, change, or discontinue parts of the Service from time to time. We aim to provide reasonable notice for changes that materially reduce core functionality.

3) Eligibility and Account Registration

You must be at least 18 years old and capable of entering into a binding contract to use the Service.

You are responsible for:

• maintaining accurate account information,
• safeguarding login credentials and API keys,
• all activity that occurs under your account.

Notify us promptly if you suspect unauthorised access.

4) Subscriptions, Trials, Billing, and Taxes

4.1 Plans and fees

Fees, features, usage limits, and billing cycles are described on our pricing page or order form (an “Order Form”). If there is a conflict between these Terms and an Order Form, the Order Form will prevail for the subscription details.

4.2 Free trials

If offered, trial access may be limited in time and features. Unless stated otherwise, trials convert to a paid subscription at the end of the trial period once you add a payment method.

4.3 Billing and payment

You authorise us (and our payment processors) to charge your payment method according to your plan and billing cycle. All fees are non-refundable except as required by law or explicitly stated in writing.

4.4 Taxes

Fees exclude taxes (VAT or similar). You are responsible for applicable taxes, except for taxes based on our income.

4.5 Late payments

We may suspend access for overdue accounts after providing notice. Overdue amounts may incur interest or collection costs to the maximum permitted by law.

5) Cancellation, Downgrades, and Termination

5.1 Cancellation by Customer

You may cancel at any time in your account settings (or by contacting support). Cancellation stops renewal; you retain access until the end of the current paid term unless your Order Form states otherwise.

5.2 Termination by Instabook AI

We may suspend or terminate access if you materially breach these Terms, do not pay fees, or use the Service unlawfully or abusively.

5.3 Data access after termination

After termination, we may delete Customer Data after a reasonable retention period, unless legally required to retain it. You are responsible for exporting your data before termination.

6) Acceptable Use

You agree not to:

• break the law or violate third-party rights,
• send spam or unsolicited marketing without required consent,
• use the Service for phishing, fraud, or deceptive practices,
• attempt to bypass security, rate limits, or access controls,
• upload malware or harmful code,
• use the Service to develop or train competing products except as allowed by law.

We may investigate violations and suspend accounts to protect the Service, Customers, Clients, and the public.

7) Customer Responsibilities (Bookings, Consent, and Client Communications)

You are responsible for:

• ensuring that your booking policies (cancellation/no-show rules, refunds, deposits) are accurate and clearly communicated to Clients,
• obtaining all required consents to message Clients (including marketing opt-in where required),
• ensuring your staff and Users follow your policies and applicable laws,
• the accuracy, quality, and legality of Customer Data.

You acknowledge that Third-Party Channels have their own rules and requirements. You must comply with them.

8) AI Features and Outputs

Some Service features may use AI to draft responses, classify messages, suggest actions, or automate workflows.

You understand and agree:

• AI outputs may be incorrect or incomplete.
• You are responsible for reviewing AI-generated content before relying on it (especially for pricing, legal, medical, financial, or compliance-sensitive communications).
• You will not represent AI outputs as human-verified when they are not.

9) Third-Party Services and Integrations

The Service may integrate with third-party platforms (e.g., WhatsApp providers, Telegram, Google Calendar, payment gateways). Your use of those services is governed by their own terms and privacy policies.

We are not responsible for third-party outages, policy enforcement, or changes that impact integrations.

10) Intellectual Property

10.1 Our IP

We (and our licensors) own all rights in the Service, including software, interfaces, designs, logos, and documentation. We grant you a limited, non-exclusive, non-transferable right to use the Service during your subscription.

10.2 Your Data

You retain ownership of Customer Data. You grant us a licence to host, process, transmit, and display Customer Data only as needed to provide and improve the Service, comply with law, and enforce these Terms.

11) Privacy and Data Protection

Our processing of personal information is described in our Privacy Policy and, where applicable, a Data Processing Addendum.

Customer is typically the party that determines the purposes and means of processing Client personal information, and Instabook AI processes that information to provide the Service. Customer agrees to:

• provide required notices to Clients,
• obtain required consents,
• respond to data subject requests as required by law.

12) Confidentiality

Each party may receive confidential information from the other. Both parties agree to protect confidential information using reasonable care and to use it only for purposes of providing or using the Service.

Confidential information does not include information that is public, independently developed, or lawfully obtained without confidentiality obligations.

13) Security

We implement reasonable administrative, technical, and physical safeguards appropriate for the Service. No system is perfectly secure; you acknowledge that risk.

You are responsible for:

• strong passwords/MFA where available,
• proper access controls for your Users,
• maintaining secure endpoints/devices used to access the Service.

14) Disclaimers

The Service is provided “as is” and “as available.” To the maximum extent permitted by law, we disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not guarantee that:

• bookings will never conflict,
• messages will always be delivered via third-party channels,
• AI outputs will be accurate,
• the Service will be uninterrupted or error-free.

15) Limitation of Liability

To the maximum extent permitted by law:

• We will not be liable for indirect, incidental, special, consequential, or punitive damages, or loss of profits, revenue, data, or goodwill.
• Our total liability for all claims related to the Service in any 12-month period will not exceed the amount paid by Customer to us for the Service during that 12-month period.

Some jurisdictions do not allow certain limitations; in that case, limits apply to the maximum extent allowed.

16) Indemnity

Customer will indemnify and hold Instabook AI harmless from claims, damages, and expenses arising out of:

• Customer Data (including Client data) and communications sent via the Service,
• Customer’s services, products, staff conduct, booking policies, or marketing,
• Customer’s violation of law, these Terms, or third-party rights.

We will notify you of any claim and cooperate reasonably.

17) Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Wyoming, USA, without regard to conflict of laws principles.

Before filing a formal claim, both parties agree to attempt to resolve disputes informally by contacting the other party in writing and allowing a reasonable period to respond.

Venue and jurisdiction: Any dispute arising out of or relating to these Terms or the Service will be brought exclusively in the state or federal courts located in Wyoming, USA, and each party consents to personal jurisdiction and venue in those courts.

18) Changes to These Terms

We may update these Terms from time to time. If changes are material, we will provide reasonable notice (e.g., by email or in-app). Continued use after the effective date means you accept the updated Terms.

19) Miscellaneous

• Assignment: Customer may not assign these Terms without our prior written consent (except as part of a merger or sale of substantially all assets).
• Force majeure: Neither party is liable for delays caused by events outside reasonable control.
• Severability: If any part is unenforceable, the rest remains in effect.
• Entire agreement: These Terms plus any Order Form and referenced policies constitute the entire agreement regarding the Service.

20) Contact

Legal notices and support inquiries: