User Agreement

Bookon360 User Agreement (bkn360)
Last Updated/Effective: 03/18/2025

These terms and conditions are effective immediately for new users registering accounts after the above date and will become effective on [Insert Date] for existing accounts.

These terms and conditions (the “Terms”) govern your access to and use of Bookon360’s (“bkn360”) mobile applications, websites, and related services (collectively, the “Site”). By accessing or using the Site, you agree to comply with and be bound by this User Agreement, the Bookon360 Privacy Policy, and all referenced guidelines (collectively, the “Agreement”).

PLEASE READ THIS AGREEMENT CAREFULLY. YOUR USE OF THE SITE CONSTITUTES ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SITE.

1. DEFINITIONS

(a) “User”: Any individual or entity accessing, browsing, or using the Site. “You,” “Your,” and “Yourself” refer to the User. “We,” “Us,” “Our,” and “bkn360” refer to Bookon360, a company registered under the laws of [EU Member State], with its principal office at [EU Address].
(b) “Service”: All functionalities, software, and features provided by bkn360 via the Site.
(c) “Content”: Text, images, audio, video, or other data. Subcategories include:

  • “bkn360 Content”: Content created by bkn360.
  • “Your Content”: Content submitted by You.
  • “User Content”: Content submitted by other Users.
  • “Third-Party Content”: Content from external providers.

2. ELIGIBILITY

You must be at least 18 years old to create a Business Account. Minors (under 18) require parental consent for Personal Accounts. We reserve the right to terminate accounts at our discretion.

3. CHANGES TO THE AGREEMENT

We may modify this Agreement at any time. Changes become effective 30 days after posting for existing users, unless immediate changes are required for legal compliance or new features. Continued use constitutes acceptance.

4. USER ACCOUNTS

(a) Personal Account: For non-commercial use. You must provide accurate information.
(b) Business Account: For authorized business representatives. Additional terms apply under the “bkn360 Business Participation Agreement.”

5. USE OF THE SITE

You are granted permission to use the Site subject to compliance with this Agreement. You acknowledge that Content may include offensive or inaccurate material, and bkn360 does not endorse such Content.

6. USE RESTRICTIONS

YOU AGREE NOT TO, AND WILL NOT ASSIST OR ENABLE OTHERS TO:
(a) Use the Site to threaten, stalk, defraud, incite, harass, or advocate harassment of another person.
(b) Submit or transmit spam, chain letters, contests, junk email, pyramid schemes, or other mass messaging.
(c) Use the Site for unauthorized commercial purposes, except as expressly permitted for Business Accounts.
(d) Engage in conflicts of interest (e.g., trading reviews, writing fake/defamatory reviews).
(e) Manipulate search results via keyword spamming.
(f) Promote bigotry or discrimination against any person or group.
(g) Infringe third-party rights (copyright, trademark, privacy, publicity, etc.).
(h) Submit or transmit pornography, illegal content, or nude images.
(i) Solicit personal information from minors or harm minors.
(j) Violate applicable laws or this Agreement.
(k) Reverse engineer, decompile, or disassemble any portion of the Site, except as permitted by law.
(l) Remove/modify copyright, trademark, or proprietary notices.
(m) Record, process, or mine information about Users.
(n) Use automated tools (robots, spiders) to access, scrape, or index the Site.
(o) Create a searchable database of business reviews.
(p) Reformat or frame any portion of the Site.
(q) Overload bkn360’s infrastructure.
(r) Attempt unauthorized access to the Site, accounts, or networks.
(s) Introduce viruses or interfere with the Site’s functionality.

7. CONTENT LICENSING

By submitting Content, you grant bkn360 a global, perpetual, royalty-free license to use, modify, and distribute it. You waive moral rights claims related to Your Content.

8. RESPONSIBILITY FOR CONTENT

You are solely responsible for Your Content. You warrant ownership or legal rights to all submitted Content and indemnify bkn360 against claims arising from violations of third-party rights.

9. COPYRIGHT DISPUTE POLICY

(a) Reporting Infringement: Submit a written notice including:
(i) Identification of the copyrighted work;
(ii) Description of infringing material and its location on the Site;
(iii) A statement of good faith belief that the use is unauthorized;
(iv) Your contact information and signature.

Designated Agent Contact:
[EU Address] | [Email] | [Phone]

10. TERMINATION & SUSPENSION

(a) Immediate Suspension Rights: bkn360 may suspend or terminate access if:
(i) Payments are overdue;
(ii) You breach this Agreement;
(iii) Fraudulent or illegal activity is suspected.
(b) Data Retention: Upon termination, bkn360 is not obligated to retain or provide Your data unless separately agreed in writing.
(c) bkn360 will provide a 14-day grace period to cure overdue payments before suspension.

You breach this Agreement. Fraudulent or illegal activity is suspected.

11. DISCLAIMERS

(a) “As Is” Service: The Service is provided “AS IS.” bkn360 expressly disclaims all warranties, including:

  • Fitness for a particular purpose.
  • Error-free or uninterrupted operation.
  • Compatibility with Your hardware/software.
    (b) Content Responsibility: You are solely responsible for the accuracy and legality of Your Content.

12. INDEMNIFICATION

You agree to defend and indemnify bkn360 against claims arising from Your Content, Site use, or breaches of this Agreement.

13. GOVERNING LAW & DISPUTE RESOLUTION

(a) Governing Law: This Agreement is governed by the laws of EU.
(b) Any dispute shall be resolved through binding arbitration under the Rules of Arbitration of the International Chamber of Commerce (ICC).
(c) Waiver of Class Actions: You agree to resolve disputes individually and waive the right to participate in class, collective, or representative actions.

14. MEDIATION & ARBITRATION

Before escalating to the ECHR, parties agree to mediate disputes through the European Arbitration Association. If mediation fails, binding arbitration applies.

15. GDPR COMPLIANCE

Bkn360 will respond to GDPR requests within 30 calendar days.

16. LIMITATION OF LIABILITY

(a) Cap on Liability: In no event shall bkn360’s aggregate liability exceed the greater of (i) €1 (EUR) or (ii) the total fees paid by You to bkn360 for the Service during the 12 months preceding the claim.
(b) Exclusion of Indirect Damages: bkn360 shall not be liable for any indirect, incidental, punitive, special, or consequential damages (including lost profits, data loss, or reputational harm), even if advised of the possibility of such damages.

17. CONFIDENTIALITY & DATA PROTECTION

(a) bkn360’s Obligations: We will:

  • Process Your data in compliance with GDPR.
  • Not disclose Your data to third parties without Your consent, except as required by law.
    (b) Your Obligations: You agree to:
  • Use the Service only in compliance with GDPR when handling personal data.
  • Notify bkn360 immediately of any data breaches related to Your use of the Service.

18. MISCELLANEOUS

(a) Entire Agreement: This Agreement supersedes all prior agreements.
(b) Severability: If any provision is invalid, the remainder remains enforceable.
(c) No Third-Party Beneficiaries: Only parties to this Agreement have enforceable rights.
(d) Force Majeure: Includes but is not limited to natural disasters, war, terrorism, pandemics, government restrictions, or infrastructure failures.
(e) Assignment: You may not assign this Agreement without bkn360’s written consent.

19. SMS Communication & Opt-In Policy

(a) Consent to Receive SMS:
By providing your mobile phone number while using the Service—either through online booking, user registration, or verbally to a staff member who inputs your data into the system—you consent to receive SMS communications from bkn360 and its authorized business users (such as barbershops, salons, and other service providers). Messages may include appointment confirmations, reminders, service notifications, and promotional content.

(b) Message Frequency:
You will receive messages only in connection with your interaction with a business (e.g., an upcoming appointment) or if you have explicitly opted in to receive promotional updates. Message frequency varies by user activity.

(c) Message and Data Rates:
Standard message and data rates may apply as per your mobile carrier plan. bkn360 is not responsible for charges incurred by your carrier.

(d) Opt-Out Instructions:
You may opt out of receiving SMS at any time by replying with the word “STOP” to any SMS message. After you send “STOP”, you will receive one final message confirming your unsubscription. No further messages will be sent unless you opt in again.

(e) Help Instructions:
For help or information about our SMS services, reply “HELP” to any message, or contact our support team at [support@bookon360.com] or call [insert phone].

(f) Data Use and Privacy:
Your phone number and messaging consent will be processed in accordance with our [Privacy Policy]. Your data will not be sold or shared with unauthorized third parties.

(g) Business Responsibility:
If a business staff member manually inputs your phone number during an appointment booking, they are required to inform you verbally that your number will be used for SMS communication, and that by confirming the booking, you consent to receive such messages.

20. Privacy Notice

This privacy notice discloses the privacy practices for (bookon360.com and bkn360.com). This privacy notice applies solely to information collected by this website. It will notify you of the following:

a) What personally identifiable information is collected from you through the website, how is it used, and with whom may it be shared?
b) What choices are available to you regarding the use of your data.
c) The security procedures in place to protect against the misuse of your information.
d) How you can correct any inaccuracies in the information.

Information Collection, Use, and Sharing
We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.
We will use your information to respond to you regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request.
Service Providers: We share your phone number with third-party service providers (such as Twilio) solely for the purpose of sending you operational and service-related SMS notifications as described above. These providers are prohibited from using your personal information for any other purpose.

SMS Message Communications: We use the phone number you provide to send you transactional SMS messages related to your appointments, such as confirmations, reminders, rescheduling notifications, and feedback requests. With your explicit separate consent, we may also send you promotional SMS messages about special offers. Message frequency varies. You can opt-out of receiving SMS messages at any time by replying STOP to any message.

Transactional Communications: We will use your phone number to send you service-related SMS messages pertaining to your appointments based on our legitimate interest to ensure you receive important information about your booking.
Promotional Communications: We will only send you promotional SMS messages if you have provided prior express written consent to receive such messages separately from your appointment booking consent.

You can opt-out of receiving future SMS messages from us at any time. Simply reply STOP to any message you receive from us.

Your Access to and Control Over Information
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:

See what data we have about you, if any.
Change/correct any data we have about you.
Have us delete any data we have about you.
Express any concern you have about our use of your data

Security
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.

Wherever we collect sensitive information, that information is encrypted and securely transmitted to us. You can verify this by looking for a lock icon in the address bar and looking for “https” at the beginning of the address of the Web page.

While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.

Contact Information:
Bookon360 (bkn360)
EU Headquarters Address: Ukraine, Kyiv, st. Zagorivska 38, office. 21
office@bookon360.com