Terms of Service

1. Acceptance

These Terms of Service ("Terms") constitute a legally binding agreement between the customer ("Customer", "you") and Booking Board ApS ("Booking Board", "we", "us") governing the use of the Booking Board platform and related services. By creating an account or using the platform, you confirm that you have read, understood, and agree to be bound by these Terms.

You represent and warrant that you are at least 18 years of age and have the legal authority to enter into this agreement on behalf of the business or organization you represent.

End users (your members and customers) are not bound by these Terms. End users must instead accept the terms of service that you, as the Customer, define and present to them through the platform.

PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN IMPORTANT PROVISIONS INCLUDING A WARRANTY DISCLAIMER, LIMITATIONS OF LIABILITY, AND AN INDEMNIFICATION OBLIGATION. BY USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO ALL OF THESE PROVISIONS.

2. Description of Services

Booking Board provides a cloud-based gym and fitness management platform that includes, but is not limited to: member management, class scheduling and booking, membership and subscription management, payment processing, check-in systems, communication tools, and reporting.

We continuously develop and improve the platform. We reserve the right to modify, update, or discontinue features with reasonable notice. We will inform you of any material changes that significantly affect your use of the platform at least 30 days in advance.

Any new features, tools, or services released after the date of these Terms, including beta or preview features, shall be subject to these Terms. Beta or preview features are provided "as is" and at your own risk, without any warranty or liability on the part of Booking Board.

3. Account Responsibilities

You are responsible for maintaining the accuracy of all information associated with your account, including your business name, contact details, and billing information.

You are responsible for safeguarding your login credentials and for all activity that occurs under your account. You must notify Booking Board immediately at info@bookingboard.io if you become aware of any unauthorized access to or use of your account.

You may grant access to the platform to your employees and authorized staff. You are responsible for ensuring that all users under your account comply with these Terms.

4. Acceptable Use

You agree to use the platform only for lawful purposes and in accordance with these Terms. You shall not:

• Use the platform for any illegal or unauthorized purpose.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the platform.
• Access the platform through automated means (bots, scrapers, etc.) without prior written consent from Booking Board.
• Interfere with or disrupt the integrity or performance of the platform or the data contained therein.
• Upload or transmit viruses, malware, or other harmful content.
• Use the platform in a manner that could damage, disable, or impair the service for other customers.
• Resell, sublicense, or redistribute access to the platform without written consent from Booking Board.

5. Payment

Payment for Booking Board is always made in advance. Booking Board issues an invoice that must be paid within 14 days from the start of the billing period. If the invoice is sent after the start of the billing period, the payment deadline is 14 days from the invoice date.

Booking Board will attempt to automatically charge the payment via the customer's linked payment card in Stripe. If payment is not received within 14 days, Booking Board has the right to restrict access to the system. We will always first ensure that the payment has not failed due to an error.

All prices are exclusive of applicable taxes unless otherwise stated. You are responsible for any taxes, duties, or government levies imposed on your subscription.

Booking Board reserves the right to adjust pricing. Any price changes will be communicated at least 30 days before they take effect and will apply from the next billing period. Continued use of the platform after a price change constitutes acceptance of the new pricing.

Fees are non-refundable except as expressly stated in Section 6 (Subscription & Termination). No refunds or credits will be issued for partial periods of use, downgrades, or unused features.

Overdue invoices accrue interest at the Danish reference rate plus eight (8) percentage points per annum in accordance with the Danish Interest on Overdue Payments Act (Renteloven).

6. Subscription & Termination

Subscription Renewal

Your subscription automatically renews at the end of each billing period unless cancelled in accordance with the termination provisions below.

Customer Termination

You may cancel your subscription at any time by submitting a written cancellation request via email to info@bookingboard.io or through the platform's account settings. Cancellation takes effect at the end of the current billing month plus six (6) additional months (the "Notice Period"). You retain full access to the platform throughout the Notice Period and remain responsible for all fees during this time.

For example, if you submit a cancellation on March 15th, your subscription will remain active through September 30th.

Termination by Booking Board

Under normal circumstances, Booking Board may terminate the agreement with three (3) months' written notice.

Booking Board may terminate the agreement with immediate effect if: (a) the Customer materially breaches these Terms and fails to cure the breach within 14 days of written notice; (b) Booking Board has knowledge or reasonable suspicion that the Customer is misusing the platform; (c) the Customer's use causes the platform to become unusable or degraded for other customers; or (d) the Customer fails to pay any outstanding invoices within 30 days of the due date.

Effects of Termination

If Booking Board terminates the agreement before the paid period expires, the remaining prepaid fees will be refunded on a pro-rata basis.

Upon termination, you may request an export of your data within 30 days. After this period, all Customer data will be permanently deleted from our systems in accordance with our Data Processing Agreement. Booking Board is not an archive for your data and has no obligation to retain, store, or make available any data after the 30-day export period.

7. Intellectual Property

Booking Board and its licensors retain all rights, title, and interest in and to the platform, including all software, designs, text, graphics, and other intellectual property. These Terms do not grant you any ownership rights to the platform or its content.

During the term of your subscription, Booking Board grants you a limited, non-exclusive, non-transferable, revocable license to access and use the platform solely for your internal business purposes in accordance with these Terms.

You retain all ownership rights to the data you upload or create within the platform. You grant Booking Board a limited license to process, store, and display your data solely for the purpose of providing and improving the services.

8. Customer Data & Confidentiality

The data collected in Booking Board through the customer's and end users' use of the system belongs to the customer. Booking Board has no rights to this data, and upon termination of the agreement, the data will be deleted from the system.

Booking Board will never disclose or sell data to third parties without the customer's explicit consent. Booking Board employees are obligated not to share information about Booking Board's customers or their customers.

Both parties agree to treat as confidential any non-public information received from the other party that is designated as confidential or that reasonably should be understood to be confidential. This obligation survives termination of the agreement for a period of three (3) years, or indefinitely for information that constitutes trade secrets.

You are solely responsible for ensuring that any data you upload, store, or process through the platform complies with all applicable laws and regulations, including data protection and privacy laws. Booking Board shall not be liable for any data uploaded by you or your end users.

See also the Data Processing Agreement, which is an appendix to these Terms of Service.

9. Security

Booking Board maintains a security level appropriate to the types of information the system processes. This includes basic personal data such as name and address, as well as information about purchases and registrations.

The system does NOT process highly sensitive personal data such as health information, social security numbers, race, or sexuality. Booking Board also does not process credit card numbers; these are handled by third-party payment providers such as Stripe.

In the event of a data breach that may affect your data, Booking Board will notify you without undue delay and no later than 72 hours after becoming aware of the breach, in accordance with GDPR Article 33.

10. Third-Party Services

The platform may integrate with or rely on third-party services, including but not limited to payment processors (Stripe), email delivery providers, SMS providers, and push notification services. These third-party services are provided "as is" and "as available" without any warranty of any kind.

BOOKING BOARD EXPRESSLY DISCLAIMS ALL LIABILITY AND RESPONSIBILITY FOR ANY THIRD-PARTY SERVICES, INCLUDING BUT NOT LIMITED TO THEIR AVAILABILITY, ACCURACY, COMPLETENESS, RELIABILITY, OR SECURITY. Your use of third-party services is at your own risk and subject to the terms and conditions of the respective third-party providers.

Booking Board shall not be liable for the results of any communications (emails, SMS, push notifications) sent through the platform, nor for any communications that fail to be delivered, regardless of the cause.

11. End-User Relationships

IT IS YOUR SOLE AND EXCLUSIVE RESPONSIBILITY to prepare, maintain, and enforce the terms and conditions, contracts, waivers, and privacy policies associated with the sale and provision of your products and services to your end users (members, clients, and customers).

Booking Board provides the platform infrastructure but has no contractual relationship with your end users. Booking Board bears no responsibility or liability whatsoever for: (a) any agreements or disputes between you and your end users; (b) any injury, loss, or damage suffered by your end users; (c) any refund or payment disputes between you and your end users; or (d) any claims arising from the services you provide to your end users.

You acknowledge and agree that Booking Board is a technology provider and not a party to any transaction between you and your end users. Any payment processing facilitated through the platform is a service provided to you, and you remain solely responsible for all obligations to your end users.

12. Service Availability

Booking Board strives to maintain high availability of the platform but does not guarantee uninterrupted or error-free service. Scheduled maintenance will be performed during off-peak hours where possible, and we will provide reasonable advance notice of planned downtime.

Booking Board commits to a monthly uptime of at least 99.5%, measured as the percentage of total minutes in a calendar month during which the platform is available and operational. This commitment excludes scheduled maintenance windows communicated in advance, downtime caused by factors outside Booking Board's reasonable control (including force majeure events as described below), and downtime attributable to the Customer's systems or internet connectivity.

Neither party shall be liable for any interruption, delay, or failure to perform resulting from causes beyond its reasonable control, including but not limited to: natural disasters, acts of government, war, terrorism, epidemics or pandemics, internet or telecommunications failures, power outages, cyberattacks, acts or omissions of third-party service providers, or any other event of force majeure. During any period of force majeure, the affected party's obligations under these Terms shall be suspended. If a force majeure event persists for more than ninety (90) consecutive days, either party may terminate the agreement by written notice without liability.

13. Warranty Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM AND ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BOOKING BOARD DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, ORAL, OR WRITTEN, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF CONFORMITY WITH THE CONTRACT, NON-INFRINGEMENT, OR TITLE. NOTHING IN THESE TERMS SHALL LIMIT ANY RIGHTS THE CUSTOMER MAY HAVE UNDER THE DANISH SALE OF GOODS ACT (KØBELOVEN) OR OTHER MANDATORY CONSUMER OR BUSINESS PROTECTION LEGISLATION THAT CANNOT BE EXCLUDED BY AGREEMENT.

WITHOUT LIMITING THE FOREGOING, BOOKING BOARD DOES NOT WARRANT THAT: (A) THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS OBTAINED FROM THE USE OF THE PLATFORM WILL BE ACCURATE, RELIABLE, OR COMPLETE; (D) ANY ERRORS IN THE PLATFORM WILL BE CORRECTED; OR (E) THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. No advice or information, whether oral or written, obtained by you from Booking Board or through the platform shall create any warranty not expressly stated in these Terms.

14. Limitations of Liability

Exclusion of Damages

IN NO EVENT SHALL BOOKING BOARD, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST REVENUE, LOST SALES OR BUSINESS, LOST DATA, BUSINESS INTERRUPTION, LOSS OF GOODWILL, COSTS OF COVER OR REPLACEMENT, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, HOWEVER CAUSED, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY LIABILITY, OR ANY OTHER THEORY, EVEN IF BOOKING BOARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Maximum Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BOOKING BOARD'S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS, THE PLATFORM, OR THE SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY THE CUSTOMER TO BOOKING BOARD DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE FIRST EVENT GIVING RISE TO THE CLAIM.

Time Limitation for Claims

Any claim arising out of or related to these Terms or the platform must be filed within one (1) year after such claim arose. Any claim not filed within this period shall be permanently barred. This limitation applies regardless of the form of action, whether in contract, tort, or otherwise.

Essential Purpose

The limitations of liability set forth in this section shall apply to the fullest extent permitted by law and shall survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.

15. Indemnification

You agree to indemnify, defend, and hold harmless Booking Board, its officers, directors, employees, agents, affiliates, and suppliers from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees and court costs) arising out of or related to:

• Your use or misuse of the platform;
• Your violation of these Terms or any applicable law or regulation;
• Any data or content you upload, store, or process through the platform;
• Any claims made by your end users, members, or customers in connection with your business or your use of the platform;
• Any injury, loss, or damage suffered by any person in connection with your business operations, whether or not facilitated through the platform;
• Any dispute between you and your end users regarding memberships, payments, refunds, or services;
• Your failure to comply with applicable data protection, consumer protection, or other laws and regulations.

This indemnification obligation shall survive the termination of these Terms and your use of the platform.

16. Governing Law & Disputes

These Terms shall be governed by and construed in accordance with the laws of Denmark, without regard to its conflict of laws provisions.

In the event of a dispute, the parties agree to first attempt to resolve the matter through good-faith negotiation. If the dispute cannot be resolved within 30 days of written notice, either party may submit the dispute to the courts of Denmark, with Retten i Sønderborg as the agreed venue of first instance.

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

17. General Provisions

Entire Agreement

These Terms, together with the Data Processing Agreement, constitute the entire agreement between the parties and supersede all prior or contemporaneous agreements, proposals, or representations, whether written or oral, concerning the subject matter hereof.

Assignment

Booking Board may assign or transfer these Terms, in whole or in part, without restriction and without your consent. You may not assign or transfer any of your rights or obligations under these Terms without the prior written consent of Booking Board.

Waiver

The failure of either party to enforce any provision of these Terms shall not constitute a waiver of that party's right to enforce that or any other provision in the future.

Notices

All notices under these Terms must be in writing and delivered by email or postal mail. Notices to Booking Board shall be sent to info@bookingboard.io. Notices to the Customer shall be sent to the email address on file in the Customer's account.

18. Changes to Terms

Booking Board reserves the right to modify these Terms at any time. Material changes will be communicated via email or through the platform at least 30 days before they take effect.

Your continued use of the platform after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree with the changes, you may terminate your subscription in accordance with the termination provisions above.

19. AI-Powered Features

Booking Board offers optional AI-powered features, including the BoBo AI Assistant ("BoBo"). This section governs your use of these features. By enabling or using any AI-powered feature, you agree to the additional terms set out below.

How AI Features Work

BoBo and other AI features use third-party large language model (LLM) providers to process your requests. When you send a message or trigger an AI action, your input — along with relevant context from your account (such as class schedules, member information, or conversation history) — may be sent to an external AI provider for processing.

Booking Board selects AI providers that offer appropriate data processing agreements and do not use your data to train their models. However, Booking Board cannot guarantee the internal practices of third-party AI providers beyond the contractual commitments in place.

No Guarantees of Accuracy

AI-POWERED FEATURES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AI-GENERATED RESPONSES ARE PROBABILISTIC IN NATURE AND MAY CONTAIN ERRORS, INACCURACIES, INCOMPLETE INFORMATION, OR CONTENT THAT APPEARS PLAUSIBLE BUT IS FACTUALLY INCORRECT. BOOKING BOARD MAKES NO WARRANTY, EXPRESS OR IMPLIED, THAT AI-GENERATED OUTPUT WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR FIT FOR ANY PARTICULAR PURPOSE.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF AI FEATURES IS AT YOUR SOLE RISK. You must independently verify all AI-generated content before relying on it for any business decision, communication, or action. AI output is not a substitute for professional judgment, legal advice, financial advice, or any other form of expert consultation.

Human Confirmation for Actions

When BoBo proposes an action that modifies data (such as cancelling a class, editing a member, or sending a message), the action requires your explicit confirmation before it is executed. By approving an action, you assume full responsibility for its consequences. Approved actions are logged and cannot be undone through BoBo.

Limitation of Liability for AI Features

IN NO EVENT SHALL BOOKING BOARD BE LIABLE FOR ANY DAMAGES, LOSSES, COSTS, OR EXPENSES ARISING FROM OR RELATED TO YOUR USE OF OR RELIANCE ON AI-POWERED FEATURES OR AI-GENERATED OUTPUT, INCLUDING BUT NOT LIMITED TO: (A) DECISIONS MADE BASED ON AI-GENERATED CONTENT; (B) ACTIONS TAKEN OR NOT TAKEN IN RELIANCE ON AI OUTPUT; (C) ERRORS, INACCURACIES, OR OMISSIONS IN AI-GENERATED CONTENT; (D) ANY COMMUNICATION SENT BASED ON AI SUGGESTIONS; OR (E) ANY LOSS OF DATA, REVENUE, MEMBERS, OR BUSINESS OPPORTUNITIES RESULTING FROM AI-ASSISTED OPERATIONS.

This limitation applies regardless of the form of action, whether in contract, tort (including negligence), strict liability, or any other legal theory, and applies even if Booking Board has been advised of the possibility of such damages. The limitations set forth in Section 14 apply in full to AI-powered features.

Data Processing and Retention

Conversations with BoBo are stored on Booking Board's servers and associated with your account. You can delete individual conversations at any time. Upon termination of your subscription, all conversation data will be deleted in accordance with Section 6.

Data sent to third-party AI providers is processed in accordance with those providers' data processing agreements. Booking Board does not permit AI providers to retain or use your data beyond what is necessary to fulfill the request.

Usage and Availability

AI features may be subject to usage limits depending on your subscription plan. Booking Board reserves the right to modify, suspend, or discontinue AI features at any time with reasonable notice. AI features are provided as a convenience and are not a core platform commitment.

Your Responsibilities

You agree not to use AI features to process sensitive personal data (such as health information or social security numbers) unless explicitly supported. You are responsible for ensuring that your use of AI features complies with applicable laws, including data protection regulations. You shall not attempt to manipulate, exploit, or misuse AI features for purposes other than legitimate business management.

You are solely responsible for all decisions and actions taken based on AI-generated content, regardless of whether such content was accurate or complete. Booking Board shall have no liability for the consequences of any action you take or fail to take based on AI output.