Effective October 27, 2026. These Terms of Service (“Terms”) are a binding contract between [Legal company name] (“Axeclusive Solutions”, “we”, “us”) and the business that creates an account (“Business”, “you”). Please read them carefully — sections 14 to 17 limit our liability and explain how disputes are resolved, including a binding arbitration agreement and class-action waiver for customers in the United States.
1. Who may use the service
The service is for businesses only, not for personal or household use. By creating an account or using the service you confirm that you are at least 18 years old (or the age of majority where you live), that you have authority to accept these Terms for the Business, and that the Business accepts them. If you do not agree, do not use the service.
2. Definitions
- Service — the Axeclusive Solutions booking, scheduling, payment, invoicing, waiver, chatbot and related software, websites and support.
- Customer Data — personal and other data that you, your staff or your own customers (“End Customers”) submit through the Service.
- Authorized Users — your employees and contractors you give access to your account.
- Third-Party Services — services we do not control, such as Stripe, Square, PayPal, e-mail providers, and websites you connect.
3. The service and changes
We provide the Service as described on our website and in your plan. We may improve, change or discontinue features. If we remove a feature that is material to your paid plan, we will give you reasonable notice and, if you cancel because of it, a pro-rata refund of prepaid fees for the unused period.
4. Accounts and security
You are responsible for your account, your Authorized Users and everything done with their credentials. Keep passwords confidential, give staff only the access they need, remove access when staff leave, and tell us immediately at [Legal / privacy e-mail] if you suspect unauthorized access. We are not liable for loss caused by your failure to protect your credentials.
5. Trials, plans, billing and automatic renewal
- Free trial. Trials are free and end automatically. No card is required unless you choose a paid plan.
- Automatic renewal. Paid plans are billed in advance and renew automatically at the end of each monthly or yearly period at the then-current price, using the payment method on file, until you cancel. You can turn off automatic renewal or cancel at any time in Plan & billing; cancellation takes effect at the end of the current paid period.
- Price changes. We will give at least 30 days’ notice before a price increase applies to your plan. You can cancel before it takes effect.
- Upgrades and downgrades. Upgrades may be charged pro-rata for the rest of the current period. Downgrades take effect as shown when you make the change.
- Taxes. Prices exclude taxes unless stated. You are responsible for sales tax, VAT, GST/HST/QST and similar taxes. Where you give a valid VAT or business tax number, reverse charge may apply.
- Failed payments. If a payment fails we will retry and notify you. If it is still unpaid after the grace period shown in your account, we may suspend the Service until payment is made.
- Refunds. Fees are non-refundable except where these Terms or the law say otherwise.
6. Your data and your responsibilities to your customers
You own Customer Data. You give us the rights needed to host, process and display it to provide the Service. For personal data of your End Customers, you are the controller (or “business”) and we act as your processor (or “service provider”) under our Data Processing Addendum, which forms part of these Terms.
You are solely responsible for: (a) having a lawful basis and any required consent to collect and use End Customer data, including for marketing messages (for example under CAN-SPAM, CASL, the GDPR and the UK PECR); (b) publishing your own privacy notice to your End Customers; (c) the accuracy and legality of your services, prices, taxes, refund and cancellation policies, waivers, quotes and invoices; (d) responding to your End Customers’ requests and complaints; and (e) not uploading sensitive data (such as health, biometric, government ID or payment-card numbers) unless it is necessary and lawful. The Service is not designed for protected health information under HIPAA and we do not sign business associate agreements.
7. Acceptable use
You must follow our Acceptable Use Policy. You must not resell the Service, attempt to access other businesses’ data, probe or attack our systems, or use the Service for unlawful, harmful or deceptive purposes.
8. Payments and third-party services
Payments from your End Customers are processed by the payment provider account you connect (for example Stripe, Square or PayPal) under your own agreement with that provider. We are not a bank, payment processor, money transmitter or party to transactions between you and your End Customers, and we never hold your funds. Refunds, chargebacks and disputes are between you, your End Customer and your provider. Third-Party Services are governed by their own terms and we are not responsible for them, their availability or their acts.
9. Automated features and the booking assistant
The chatbot, website-answer, icon, template and other automated features generate content automatically and may be incomplete or wrong. You are responsible for reviewing their settings and output, for the information on the websites you connect, and for telling your End Customers they are chatting with an automated assistant where the law requires. Nothing produced by the Service is legal, tax, medical or professional advice.
10. Suspension and termination
You may cancel at any time. We may suspend or terminate your access, with notice where reasonably possible, if: you do not pay; you breach these Terms or the Acceptable Use Policy; your use creates a security, legal or reputational risk for us or others; we are required to by law or a payment partner; or your account has been inactive and unpaid for a long period. After cancellation or termination, your booking page stops working. You may export your data for 90 days, after which we may delete it, except where we must keep it by law. Sections that by their nature should survive (including 6, 11 to 18) survive termination.
11. Intellectual property and feedback
We own the Service, its software, design and content, and all improvements to it. These Terms give you a limited, non-exclusive, non-transferable right to use the Service during your subscription. If you send us ideas or feedback, we may use them without obligation to you.
12. Confidentiality
Each party will protect the other’s non-public information with reasonable care and use it only to perform these Terms, except where disclosure is required by law.
13. Security and incidents
We use reasonable administrative, technical and physical safeguards described in our Security & Breach Response policy. No method of transmission or storage is completely secure, and we do not guarantee that unauthorized access, loss or disclosure will never occur. If we become aware of a breach affecting your Customer Data, we will notify you without undue delay as set out in the Data Processing Addendum. You are responsible for securing your own devices, accounts, staff and connected services, and for notifying your End Customers and authorities where the law requires you, as controller, to do so.
14. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT DATA WILL NOT BE LOST. YOU ARE RESPONSIBLE FOR KEEPING YOUR OWN EXPORTS AND BACKUPS OF IMPORTANT DATA.
15. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (a) NEITHER PARTY IS LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, BOOKINGS, GOODWILL OR DATA, EVEN IF ADVISED OF THEIR POSSIBILITY; AND (b) OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, INCLUDING CLAIMS RELATING TO DATA OR SECURITY INCIDENTS, IS LIMITED TO THE FEES YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM (OR US$100 IF YOU PAID NOTHING).
These limits do not apply to liability that cannot be limited by law, such as liability for fraud, death or personal injury caused by negligence, or (where applicable law does not allow it) gross negligence or wilful misconduct. Some jurisdictions do not allow certain exclusions, so some of these limits may not apply to you.
16. Indemnification
You will defend, indemnify and hold harmless [Legal company name], its owners, officers, employees and contractors from and against any claims, demands, fines, penalties, losses, damages and costs (including reasonable legal fees) brought by a third party — including your End Customers, staff or a regulator — arising out of or relating to: (a) your Customer Data or your collection and use of it; (b) your services, events, activities, premises, waivers, prices, refunds or dealings with End Customers; (c) your breach of these Terms, the Acceptable Use Policy or the Data Processing Addendum; (d) your violation of any law, including privacy, consumer, marketing and tax law; or (e) your Authorized Users’ acts or the compromise of their credentials. We will notify you of a claim and let you control its defence, but you may not settle a claim that imposes obligations on us without our written consent.
17. Disputes, arbitration and class-action waiver
Informal resolution first. Before filing any claim, the complaining party must send a written description to the other (to us at [Legal / privacy e-mail]) and both parties will try in good faith to resolve it for 30 days.
Binding arbitration (US Businesses). If you are located in the United States, any dispute that is not resolved informally will be resolved by final and binding individual arbitration administered by [Arbitration body, e.g. the American Arbitration Association] under its commercial rules, rather than in court, except that either party may bring an individual claim in small-claims court or seek injunctive relief for misuse of intellectual property or confidential information. The Federal Arbitration Act governs this section. YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS, COLLECTIVE OR REPRESENTATIVE ACTION. You may opt out of arbitration within 30 days of first accepting these Terms by e-mailing [Legal / privacy e-mail] with your business name and the words “arbitration opt-out”.
Everyone else. If you are located outside the United States, disputes will be resolved exclusively by [Courts, e.g. the state and federal courts in Travis County, Texas], unless mandatory law where you are established gives you the right to bring a claim elsewhere. Claims must be brought individually, not as a class or representative action, to the extent permitted by law.
Any claim must be brought within one year after it arose, to the extent permitted by law.
18. Governing law
These Terms are governed by [Governing law, e.g. the laws of the State of Texas], without regard to conflict-of-laws rules. The UN Convention on Contracts for the International Sale of Goods does not apply. Nothing in these Terms removes rights you have under mandatory law that cannot be waived by contract.
19. Changes to these Terms
We may update these Terms. For material changes we will give at least 30 days’ notice through your dashboard and/or by e-mail before they take effect, and may ask you to accept them. If you do not agree, you may cancel before the change takes effect; continuing to use the Service after that date means you accept the updated Terms. We keep a record of each version and of your acceptance.
20. General
- Entire agreement. These Terms, the policies linked in them and your plan details are the entire agreement and replace prior understandings.
- Order of precedence. If documents conflict: the Data Processing Addendum (for personal data), then these Terms, then other policies.
- Assignment. You may not assign these Terms without our consent. We may assign them in a merger, acquisition or sale of assets.
- Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, including outages of hosting, internet, payment or e-mail providers, cyber-attacks, natural disasters and government action.
- Independent parties. We are independent contractors. Nothing creates a partnership, agency or employment relationship.
- Compliance. You will comply with export-control and sanctions laws and confirm you are not on a sanctions list.
- Severability and waiver. If a provision is unenforceable it is modified to the minimum extent necessary and the rest remains in force. A failure to enforce is not a waiver.
- Notices. We send notices to the account owner’s e-mail or in the dashboard. You send notices to [Legal / privacy e-mail].
- Language. The parties have requested that these Terms and all related documents be drawn up in English. Les parties ont exigé que la présente convention et tous les documents connexes soient rédigés en anglais.
21. Contact
[Legal company name], [Registered address] · [Legal / privacy e-mail]