Book4Time API Terms of Use

Thank you for using Book4Time Inc.’s (“Book4Time”) API and associated software (collectively, “API”). Collectively, we refer to the terms below, any additional terms, terms within the accompanying API documentation, and any applicable policies and guidelines as the “API Terms of Use.” By accessing or using our API, you and, if applicable, the company you represent (collectively, “Customer”, “you” or “your”) are agreeing to the API Terms of Use. Please read this Agreement carefully, as it is a legally binding agreement. You agree to comply with the Agreement and that the Agreement controls your relationship with us. If you use the API as an interface to, or in conjunction with other Book4Time products or services, then the terms for those other products or services also apply. If you do not have the authority to enter this Agreement, or if you do not agree with the Agreement, you may not access or use the API.

We may revise and update this API Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the API thereafter. Your continued use of the API following the posting of a revised API Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

You can jump to particular topics by going to the headings below:

01. Definitions

• “Application” means any application that you develop using the Book4Time API to use, search, display, upload, and/or modify Book4Time content.
• “Authorized Third Party” means a third party authorized by the Customer to access the Book4Time Software (either through UI access, API, or other means) on its behalf.
• “Book4Time Content” or “Content” means all content, data, and other information made available on the Book4Time websites or software (“Book4Time Website”), all registered and unregistered intellectual property owned by and licensed to Book4Time, and any consumer-facing applications made available by Book4Time (hereafter referred to as the “Book4Time Service” or “Book4Time Services”), which allow consumers to find, book and pay for classes and other services offered by Book4Time users.
• “Book4Time Data” means any data or information Book4Time obtains or accesses from its customers and/or end users, including any Personal Data.
• “Book4Time User” or “Book4Time Users” means users of the Book4Time Service or Book4Time’s customers.
• “Personal Data” means any personal data or personal information (or analogous term) as defined under applicable privacy and data protection laws.
• “Book4Time Service” means the Book4Time services, including, but not limited to, online business management software services designed specifically for businesses in the wellness industry, made available through the Book4Time Website and Book4Time applications.
• “End Users” means users of your Application or any Customer or Authorized Third Party users that use any Book4Time Service or API.

02. License

Subject to the terms and conditions of this API Terms of Use, Book4Time grants you a revocable, limited, non-exclusive, non-sublicensable, non-transferable license to access and use the API solely for the purpose of developing, testing, displaying, and distributing your Application. Book4Time may revoke this license, at its sole discretion, at any time. You will not, and will not permit any person, directly or indirectly, to reverse engineer, disassemble, reconstruct, decompile, translate, modify, copy, rent, modify, or alter, other than as explicitly permitted hereunder, create derivative works of the API or any other portion of the Book4Time Service.

03. End Users

You will require your End Users to comply with this API Terms of Use and applicable laws.

You acknowledge that you, and not Book4Time, are solely responsible and liable for: (a) the acts and omissions of such End Users in connection with API usage, Book4Time Content, Book4Time Services, and Book4Time Data; (b) the Customer being in compliance with all applicable privacy laws, such as GDPR, and having obtained all necessary
approvals from its customers to allow End User access to the Book4Time Data; and (c) the issuance, removal and/or deactivation of the credentials issued for such Authorized Third Party.

04. Modifications

Book4Time reserves the right to modify the Book4Time Service or the API (or any part thereof). Upon release of any new versions of the API, Book4Time reserves the right to require you to obtain and use the most recent version of the API in order to obtain functionality of your Application with the Book4Time Service.

05. Support

Book4Time shall provide support in the manner set out in your Service Level Agreement (“SLA”).

You may provide comments, suggestions or feedback (“Comments”) about Book4Time API or the Book4Time Services. You agree with respect to any such Comments that:

• Book4Time has no obligation with respect to such Comments;
• Such Comments are non-confidential;
• Book4Time may use, disclose, or copy such Comments and use any ideas, concepts or know-how contained therein for any purpose and without restriction or obligation to you.

06. Application Guidelines

You may develop, display or distribute Applications that interact with the API. You agree that you are solely responsible for any Application that you develop and that any such Application must comply with Book4Time branding guidelines, where applicable and as identified by Book4Time.

By using or accessing the API or the Book4Time Services, Book4Time may make available to you Book4Time’s tradenames, trademarks, logos and domain names (“Brand Features”). Nothing in this API Terms of Use grants you a right to use, reproduce, transmit, publicly display, publicly perform and distribute Brand Features without the express written authorization from Book4Time.

07. API Call Limitations

The API call limitations are as follows:

• 1000 per day per Customer property location
• 5000 per initial Customer property location

Book4Time reserves the right to impose limits on your or your End User’s use of the API during any given period, including but not limited to, number of calls, requests, use or End Users. Book4Time will determine such limits in its sole discretion based on various factors, including but not limited to the ways your Application(s) may be used or the anticipated volume of use associated with your Application(s). You agree to and will not attempt to circumvent or otherwise avoid such limitations. If you exceed any limit established by Book4Time, we reserve the right to decline or terminate your or your End Users’ access to the API.

In no event will unused API calls roll over to the next day or month, as applicable. API call overages will be billed quarterly in arrears for each additional 1000 daily API calls required.

08. Ownership

You acknowledge and agree that the Book4Time Service, the Book4Time Content, and the API are protected by applicable intellectual property laws and treaties (whether those rights happen to be registered or not, and wherever in the world those rights may exist). As between you and Book4Time, the Book4Time Service, the Book4Time Content, and the API, together with any and all intellectual property rights contained in the foregoing, are and will at all times remain the sole and exclusive property of Book4Time.

You agree that at no time during or after the termination of this API Terms of Use will you attempt to register any trademarks (including domain names) that are derived from or confusingly similar to those of Book4Time, or will you buy or otherwise arrange to use any such domains to redirect internet content to your site. All uses by you of Book4Time’s logos or trademarks shall inure to the sole benefit of Book4Time.

09. Non-Permitted Purposes; API and Brand Feature Restrictions

You are responsible for your own conduct, and the conduct of your employees, contractors and any third party accessing the API on your behalf, while using the API and in respect of your Application, and for any consequences thereof.

You represent and warrant that you have the right to use, reproduce, transmit, publicly display, publicly perform and distribute the Application and have received any and all consent to use or disclose any Personal Data that you collected in connection with your Application or your use of the API.

You will use the API only for purposes that are legal, proper and in accordance with this API Terms of Use and any applicable policies or guidelines provided by Book4Time, as they may be amended from time to time. You may not share your access credentials with any Book4Time competitor or otherwise enable a Book4Time competitor to have
access.

In addition to the other restrictions contained herein, you agree that when using the API or Brand Features, you will not do the following, attempt to do the following, or permit your End Users or other third parties to do the following:

1. A. Disparage Book4Time or knowingly tarnish the name, reputation, image or goodwill of Book4Time in connection with your Application or use of the API;
2. B. Modify, obscure, circumvent, or disable any element of the API, its access control features or any legal, copyright, trademark or other proprietary rights notices;
3. C. Extract, provide or otherwise use any data elements from the Book4Time Data to enhance the data files of third parties;
4. D. Create an Application that functions substantially similar to the API, as determined by Book4Time in its sole discretion;
5. E. Intentionally omitted.
6. F. Attempt to circumvent any security measures or technical limitations of the API or the Book4Time Service;
7. G. Use the API in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to the intellectual property rights of such person, or any privacy and data protection laws, or to engage in activities that would violate any fiduciary relationship, any applicable local, state, federal, or international law, or any regulations having the force of law, or which otherwise may be harmful, in Book4Time’s sole discretion, to Book4Time, its providers, or Book4Time Users;
8. H. Sell, lease, or sublicense the API or access thereto;
9. I. Use the API in a manner that detrimentally affects the stability of Book4Time’s servers or the behavior of other applications using the API;
10. J. Create or disclose metrics about, or perform any statistical analysis of, the API or the Book4Time Service;
11. K. Use the API on behalf of any third party;
12. L. Make API calls exceeding a reasonable amount per day, as determined in Book4Time’s sole discretion and in accordance with this API Terms of Use;
13. M. Frame, crawl, screen scrape, extract, or data mine Book4Time Content or Book4Time Data from sources other than the API;
14. N. Use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Book4Time Service or collect information about Book4Time Users of the Book4Time Service for any unauthorized purpose;
15. O. Use the API to aggregate, consolidate or otherwise arrange, display or make available Book4Time Content or Book4Time Data in combination with any third party or any Book4Time competitors’ content or data, for any commercial purpose or in any manner that Book4Time determines could diminish the value or integrity of its business or brand;
16. P. Use the API in an Application containing any of the following content: adult content; pyramid schemes, chain letters or disruptive commercial messages or advertisements; infringing, or obscene content; content promoting or instructing about illegal activities or promoting physical harm or injury against any group or individual; content infringing any patent, trademark, copyright, trade secret or other proprietary right of any party; content defaming, abusing, harassing, stalking, threatening or violating any rights of privacy and/or publicity;
    content disparaging of Book4Time or its licensors, licensees, affiliates, or partners; or anything other inappropriate or unlawful content;
17. Q. Knowingly transmit any viruses, worms, defects, Trojan horses, or other disabling code, via the API or otherwise, to Book4Time Service or the computers or networks used by Book4Time, Book4Time Users of the Book4Time Service or any other third parties;
18. R. Access Book4Time Data of any Book4Time User without the authorization of such Book4Time User or use Book4Time Data in any way beyond the purpose for which the applicable Book4Time User specifically provided you access under the agreement between you and such Book4Time User. For the avoidance of doubt, this restriction is in addition to any other restrictions you agreed to with any applicable Book4Time Users to the Book4Time Service;

10. Service Providers

You may work with third party service providers as necessary to facilitate your performance and obligations under this API Terms of Use only if you require any such service provider to be bound by conditions and restrictions at least as protective of Book4Time and Book4Time Users as set forth in this API Terms of Use. You acknowledge and agree that you shall be fully responsible for any act or omission by any service provider you use to facilitate your performance or obligations hereunder. Any such act or omission that amounts to a breach of this API Terms of Use will be deemed a breach by you.

11. Your Use of Third-Party Services

We may make available third-party products or services, including, for example, third party applications, implementation and other consulting services (“Third Party Services”). Any use by you of such Third-Party Services, and any exchange of data, including Personal Data, between you and the provider of such Third-Party Services, is solely between you and the provider of such Third-Party Services. Use of Third-Party Services is at your own risk and Book4Time disclaims all liability related thereto. Book4Time does not warrant or support Third Party Services, whether or not they are designated as being “certified” or otherwise.

12. Disclaimer of Any Warranty

THE API, THE BOOK4TIME SERVICE AND ANY AND ALL BOOK4TIME CONTENT AND BOOK4TIME DATA ARE PROVIDED ON AN “AS IS” BASIS WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BOOK4TIME AND ITS SUPPLIERS DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS RELATING TO THE API, THE BOOK4TIME SERVICE, BOOK4TIME CONTENT, BOOK4TIME DATA, AND ANY OTHER BOOK4TIME SERVICES PROVIDED BY BOOK4TIME, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DATA ACCURACY, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE AND QUIET ENJOYMENT. BOOK4TIME DISCLAIMS ANY REPRESENTATION, WARRANTY OR CONDITION THAT YOUR USE OF THE API WILL BE UNINTERRUPTED, ERROR FREE, SECURE, TIMELY, COMPLETE, RELIABLE, OR CURRENT. FOR THE AVOIDANCE OF DOUBT, YOU ACKNOWLEDGE AND AGREE THAT THIS API TERMS OF USE DOES NOT ENTITLE YOU TO ANY SUPPORT FOR THE API. NO ADVICE OR INFORMATION, WHETHER ORAL OR IN WRITING, OBTAINED BY YOU FROM US WILL CREATE ANY REPRESENTATION, WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS API TERMS OF USE.

13. Limitation of Liability

Your expressly acknowledge and agree that Book4Time shall not, under any circumstances, be liable to you for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or in connection with use of the Book4Time API, the Book4Time Service, or the Book4Time Data, including but not limited to, damages lost profits, goodwill, use, data or other intangible losses whether based on breach of contract, breach of warranty, tort (including negligence, product liability or otherwise), or any other pecuniary loss, whether or not Book4Time has been advised of the possibility of such damages. Under no circumstances shall Book4Time be liable to you for any amount.

14. Security

You must maintain reasonable administrative, technical and physical security measures to protect the security, integrity and confidentiality of Confidential Information from loss, theft or unauthorized use or access. You must immediately notify Book4Time of any real or suspected loss, theft or unauthorized access or use of Confidential Information of which you become aware and cooperate with Book4Time to the extent reasonably required to remedy such real or suspected loss, theft or unauthorized access or use.

Upon termination of this API Terms of Use or at Book4Time’s request, you shall return promptly or destroy all documents and other tangible objects containing or representing Confidential Information except to the extent that such documents must be retained to satisfy regulatory requirements. If requested by Book4Time, you shall provide Book4Time with written certification of compliance.

15. Records and Audit Rights

Book4Time shall have the right to monitor and audit your or your End User’s use of the API to ensure quality, improve our Book4Time Services and ensure compliance with copyright, Confidential Information obligations, and any other restrictions and/or obligations in this API Terms of Use.