Terms of Service
Effective June 18, 2025
1. Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Merchant," "you," or "your") and EverExpanse Technologies LLC ("EverExpanse," "we," "us," or "our"), the operator of BookMyService ("Platform"). By registering for an account, accessing, or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.
If you are using the Platform on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms.
2. Description of Services
BookMyService is a SaaS booking and business management platform designed for appointment-based service businesses in the United States. The Platform includes:
- Online booking and scheduling tools
- Branded business storefronts with custom domain support
- Staff and service management
- Customer relationship management and history tracking
- Calendar and availability management
- Online payment acceptance via approved third-party payment gateways
- Business analytics and reporting
- White-label deployment options for qualifying organizations
The Platform is provided as-is and may be updated, modified, or expanded over time. We reserve the right to add, change, or discontinue features with reasonable notice.
3. Eligibility & Account Registration
To use BookMyService, you must:
- Be at least 18 years of age
- Operate a legitimate appointment-based service business in the United States
- Provide accurate, complete, and current information during registration
- Maintain the security of your account credentials
- Promptly notify us of any unauthorized access to your account
The Platform is available only to businesses operating within the United States, in jurisdictions where our payment gateway partners provide service. You are solely responsible for compliance with all applicable federal, state, and local laws in your jurisdiction.
You may not create more than one account per business location without our prior written consent. We reserve the right to refuse registration or terminate accounts at our sole discretion.
4. Merchant Obligations
As a merchant using the Platform, you agree to:
- Use the Platform only for lawful purposes and in accordance with these Terms
- Maintain accurate and up-to-date business information, service descriptions, and pricing
- Honor all appointments and bookings made through the Platform
- Maintain clear, lawful cancellation and refund policies visible to your customers
- Comply with all applicable consumer protection laws and advertising standards
- Comply with applicable card network rules (Visa, Mastercard, Discover, American Express) when accepting card payments
- Respond to customer disputes and chargebacks in a timely manner
- Not collect, store, or process cardholder data outside of the approved payment gateway environment
- Promptly report any security incidents or suspected data breaches to us at info@bookmyservice.us
5. Payment Processing
BookMyService facilitates online payment acceptance through approved third-party payment gateway partners, including PayArc, NMI, and other gateway providers. Payment processing is handled entirely within the gateway partners' PCI-certified environments via embedded iframe. BookMyService does not process, store, or transmit cardholder data.
The Platform itself is provided at no cost to merchants. EverExpanse does not charge any platform subscription fee, setup fee, or transaction markup. All card processing fees, interchange fees, card network fees, and acquiring charges are determined solely by your payment provider and your merchant account agreement. We have no visibility into or control over those fees.
To accept online payments, you must maintain a valid merchant account with an approved gateway partner. BookMyService does not act as a payment facilitator, payment service provider, ISO, or acquiring bank. We do not hold, settle, or disburse funds on your behalf.
Authorization of a payment does not guarantee settlement. Funds may be held, reversed, or withheld by payment gateway partner or acquiring bank in accordance with your merchant account agreement.
6. Prohibited Activities
You may not use the Platform for any of the following:
- Any unlawful purpose or in violation of any applicable federal, state, or local law
- Operating a business that is not a legitimate appointment-based service business
- Any clinical, medical, or HIPAA-covered healthcare services involving patient records, diagnoses, treatment plans, or protected health information (PHI)
- Adult entertainment, escort services, or any sexually explicit businesses
- Gambling, lottery, or games of chance
- Sale of firearms, ammunition, explosives, or regulated weapons
- Cannabis dispensaries or any business operating contrary to federal law
- Money transmission, currency exchange, or unlicensed financial services
- Pyramid schemes, multi-level marketing recruitment, or fraudulent business practices
- Impersonating another business, person, or entity
- Uploading or transmitting viruses, malware, or any malicious code
- Reverse engineering, decompiling, or attempting to extract the Platform's source code
- Using automated tools to scrape, crawl, or harvest Platform data without our written consent
- Sharing account credentials with unauthorized parties
Violation of this section may result in immediate account suspension or termination without prior notice.
7. Intellectual Property
The BookMyService platform, including all software, design, content, trademarks, logos, and documentation, is owned by EverExpanse Technologies LLC and protected by applicable intellectual property laws. Nothing in these Terms transfers any ownership rights to you.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for your internal business operations. This license does not permit you to sublicense, resell, or redistribute the Platform without a separate written agreement.
You retain ownership of the content and data you upload to the Platform (business information, service descriptions, customer records, etc.). By uploading content, you grant EverExpanse a limited license to host and display that content solely as necessary to provide the Platform services.
8. Limitation of Liability
THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEREXPANSE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE PLATFORM.
EVEREXPANSE'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO EVEREXPANSE IN THE THREE MONTHS PRECEDING THE CLAIM, OR (B) FIVE HUNDRED U.S. DOLLARS ($500).
Some jurisdictions do not allow certain limitations of liability. In such cases, our liability will be limited to the fullest extent permitted by applicable law.
9. Indemnification
You agree to indemnify, defend, and hold harmless EverExpanse Technologies LLC, its officers, directors, employees, agents, and successors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to:
- Your use of the Platform in violation of these Terms
- Your violation of any applicable law or regulation
- Your business operations, including disputes with your customers
- Chargebacks or payment disputes arising from your merchant account activity
- Any content you upload, transmit, or make available through the Platform
- Any misrepresentation of your business type or the services you offer
10. Termination
Either party may terminate these Terms and your account at any time. You may close your account by contacting us at info@bookmyservice.us. We may suspend or terminate your account immediately and without prior notice for:
- Violation of these Terms or our Acceptable Use Policy
- Suspected fraud, illegal activity, or misuse of the Platform
- Requests from law enforcement or regulatory authorities
- Extended periods of account inactivity
Upon termination, your right to access the Platform ceases immediately. Sections covering intellectual property, limitation of liability, indemnification, governing law, and any accrued obligations survive termination.
11. Governing Law & Dispute Resolution
These Terms are governed by the laws of the State of California, without regard to its conflict of law provisions. Any disputes arising under or related to these Terms shall be resolved in the state or federal courts located in Kern County, California, and you consent to the personal jurisdiction of those courts.
Before initiating any formal dispute, you agree to contact us in good faith at info@bookmyservice.us to attempt informal resolution. Most concerns can be resolved quickly this way.
12. Changes to These Terms
We may update these Terms from time to time. For material changes, we will provide at least thirty (30) days' advance notice by email or by prominent notice on the Platform. Your continued use of the Platform after the effective date of the updated Terms constitutes your acceptance of the changes.
If you disagree with updated Terms, you may close your account before the effective date of the changes.
13. Contact Us
For questions about these Terms, contact us:
- Email: info@bookmyservice.us
- Phone: +1 (661) 418-3835