Terms of Use

These terms of service (“Terms of Service”) supplement and form part of and are incorporated by reference into the cover agreement (the “Cover Agreement”) between BookingPal, Inc. (“BookingPal”) and you (“you”) (collectively, the “Parties”). The Cover Agreement and these Terms of Service together form the entire agreement (the “Agreement”) between the Parties. Other than Supplier Fees (as defined below and in the Cover Agreement), which may be updated in accordance with these Terms of Service, in the event of a conflict, the terms and conditions set forth in the Cover Agreement shall prevail over the Terms of Service.

Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the BookingPal Platform (as defined in the Cover Agreement), you agree to comply with and be bound by these Terms of Service.

Please note: Section 18 of these Terms of Service contains an arbitration clause and class action waiver that applies to all BookingPal suppliers (“Suppliers”). If your country of residence is the United States, this provision applies to all disputes with BookingPal. If your country of residence is outside of the United States, this provision applies to any action you bring against BookingPal in the United States. It affects how disputes with BookingPal are resolved. By accepting these Terms of Service, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.

Published: April 3, 2025

These Terms of Service form part of the Agreement governing your access to and use of the BookingPal Platform, including any subdomains thereof, and any other websites through which BookingPal makes its services (“Services”) available, our mobile, tablet and other smart device applications, and application program interfaces and all associated services.

When these Terms of Service mention “BookingPal,” “we,” “us,” or “our,” it refers to BookingPal, Inc. You alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your Listings and Services (as defined below). In many cities, you may have to register, get a permit or obtain a license before providing certain Services (such as offering a property for short-term rental). You alone are responsible for identifying and obtaining any required licenses, permits, or registrations for any Services you offer. Certain types of Services may be prohibited altogether. Penalties may include fines or other enforcement. If you have questions about how local laws apply to your Listing(s) and Service(s), you should always seek legal guidance.

Table of Contents

Scope of Services under the BookingPal Platform
1. As the provider of the BookingPal Platform, we provide channel distribution, payment services, and related services (“Services”) for rental properties (“Listings”) as described in these Terms of Service. BookingPal does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Services to the guest (“Guest(s)”) at any of the Listings. You alone are responsible for your Listings and Services. When a reservation (“Reservation”) is made and / or completed on any distribution channel, for example Airbnb, Booking.com, Expedia, HomeAway, TripAdvisor, etc., (“Distribution Channel(s)”) you are entering into a contract directly with a Guest. BookingPal is not and does not become a party to, or other participant in, any contractual relationship between you and the Guest. BookingPal is not acting as an agent in any capacity for you or the Guest.
2. While we may help facilitate the resolution of disputes, BookingPal has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Collective Content (as defined below), or (iii) the performance or conduct of any Guest, Distribution Channel(s) or third party.
3. To increase the exposure of Listings to potential Guests, Listings may be displayed on Distribution Channel(s) where BookingPal has direct contractual agreements, in applications, within emails, and in online and offline advertisements. To assist Guests who speak different languages, Listings and other Collective Content may be translated, in whole or in part, into other languages. BookingPal cannot guarantee the accuracy or quality of such translations and you are responsible for reviewing and verifying the accuracy of such translations.
4. Due to the nature of the Internet, BookingPal cannot guarantee the continuous and uninterrupted availability and accessibility of the BookingPal Platform. BookingPal may restrict the availability of the BookingPal Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the BookingPal Platform. BookingPal may, in its sole discretion improve, enhance and modify the BookingPal Platform from time to time.
Eligibility, Using the BookingPal Platform and Supplier Verification
1. In order to access and use the BookingPal Platform or register an account with BookingPal (a “BookingPal Account”), you must be an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country you are established and able to enter into legally binding contracts.
2. You will comply with any applicable export control laws in your local jurisdiction. You also represent and warrant that (i) you are not named on any the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) List of Specially Designated Nationals and Blocked Persons (the “SDN List”), nor are you owned, controlled, or managed by any such entity; (ii) BookingPal’s addition of the listings provided by you under this Agreement will not cause BookingPal in its capacity as a U.S. person to violate any applicable trade laws and regulations, including but not limited to those administered by OFAC and the U.S. Department of Commerce’s Bureau of Industry and Security (BIS), or the European Union (EU); (iii) none of the properties and/or listings you are providing to BookingPal under this Agreement are neither directly, indirectly, or otherwise beneficially owned or controlled by any entity on the SDN List or any sanctions list maintained and/or issued by the EU and United Nations Security Council.
3. BookingPal may make access to and use of the BookingPal Platform, or certain areas or features of the BookingPal Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, or meeting Ratings or Reviews thresholds, or your Reservation and cancellation history.
4. For transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask you to provide a form of government identification or other information or undertake additional checks designed to help verify your identity or background, (ii) screen you against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify you, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
5. The access to or use of certain areas and features of the BookingPal Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions, before you can access the relevant areas or features of the BookingPal Platform. If there is a conflict between these Terms of Service and terms and conditions applicable to a specific area or feature of the BookingPal Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise in the latter terms and conditions.
6. Some areas of the BookingPal Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
Modification of these Terms of Service

BookingPal reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms of Service, we will post the revised Terms of Service on the BookingPal Platform and update the “Last Updated” date at the top of these Terms of Service. We will also provide you with notice of the modifications, including to Supplier Fees, by email at least 10 business days before the date they become effective. If you disagree with the revised Terms of Service, you may terminate this Agreement with immediate effect, but you must honor all existing Reservations and associated financial obligations including without limitation all Supplier Fees. If you do not terminate your Agreement before the date the revised Terms of Service become effective, your continued access to or use of the BookingPal Platform will constitute acceptance of the revised Terms of Service including revised Supplier Fees.
Account Registration
1. You must register a BookingPal Account to access and use certain features of the BookingPal Platform, such as creating a Listing. If you are registering a BookingPal Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms of Service.
2. You must provide accurate, current and complete information during the registration process and keep your BookingPal Account information up to date at all times.
3. You are responsible for maintaining the confidentiality and security of your BookingPal Account credentials and may not disclose your credentials to any third party. You must immediately notify BookingPal via email at support@bookingpal.com if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your BookingPal Account. You are liable for any and all activities conducted through your BookingPal Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
4. You are also required to select those Distribution Channel(s) to whom you would like us to distribute your Supplier Content (as defined below) or in connection with whom you would otherwise like to receive Services. The Distribution Channel(s) you select will determine the type of Services we provide and, within the subset of selected Distribution Channel(s), the Distribution Channel(s) to whom we will distribute Collective Content in accordance with our agreements with those Distribution Channel(s).
5. You are also required to make certain representations about (i) your agreement(s) with Distribution Channel(s) and/or (ii) your agreement to and acceptance of applicable Distribution Channel(s)’ terms and conditions. Please note that to the extent there is a conflict between any Distribution Channel(s) terms and conditions and this Agreement the most stringent and restrictive terms will be considered binding on you. Specific examples include, but are not limited to, the following terms and conditions topics:
  1. Content (section 5): if your agreement(s) with any Distribution Channel(s) (“Channel Agreement(s)”) stipulate certain content provisions, which are additive to the BookingPal provisions, then you must comply with the provisions of such agreement(s).
  2. Damage to Accommodations, Disputes between Guests and Suppliers (section 9): if the Channel Agreement stipulates certain types of insurance requirements and/or minimum coverage requirements, then you must comply with those additional requirements.
  3. Prohibited Activities (section 13): if the Channel Agreement stipulates certain compliance with local laws provisions, which are additive to the BookingPal provisions, then you must comply with those additional provisions. This language does not remove any BookingPal provisions. In all cases, it is the sole responsibility of the Supplier to ensure legal compliance at all time, even if the laws change from the effective date of the Channel Agreement or BookingPal Agreement.
  4. Term (section 14.1): if the Channel Agreement requires a longer term, then you cannot remove that channel from the Services until the Channel Agreement is either terminated or expired.
  5. Disclaimers (section 15): if the Channel Agreement stipulates different disclaimers, which are independent to the BookingPal provisions, then you are bound to these additional provisions as well. This language does not remove any BookingPal provisions.
6. If new Distribution Channel(s) are made available by us and you are eligible to have the Collective Content distributed to that Distribution Channel(s) based on the parameters you selected at registration, we will automatically add that Distribution Channel(s) to your Account.
7. For clarity, we undertake no liability, and specifically disclaim all liability, for the acts or omissions of Distribution Channel(s), including their use of or failure to use the Collective Content.
Content
1. BookingPal may, at its sole discretion, enable you to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the BookingPal Platform (“Supplier Content“); and (ii) access and view Supplier Content and any content that BookingPal itself makes available on or through the BookingPal Platform, including proprietary BookingPal content and any content licensed or authorized for use by or through BookingPal from a third party (“BookingPal Content” and together with Supplier Content, “Collective Content“).
2. The BookingPal Platform, BookingPal Content, and Supplier Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the BookingPal Platform and BookingPal Content, including all associated intellectual property rights, are the exclusive property of BookingPal and/or its licensors or authorizing third parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the BookingPal Platform, or BookingPal Content. All trademarks, service marks, logos, trade names, and any other source identifiers of BookingPal used on or in connection with the BookingPal Platform and BookingPal Content are trademarks or registered trademarks of BookingPal in the United States. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties, including Distribution Channels(s), used on or in connection with the BookingPal Platform, BookingPal Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
3. By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Supplier Content on or through the BookingPal Platform, you grant to BookingPal a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Supplier Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Supplier Content to provide and/or promote the BookingPal Platform, in any media or platform. Unless you provide specific consent, BookingPal does not claim any ownership rights in any Supplier Content and nothing in these Terms of Service will be deemed to restrict any rights that you may have to use or exploit your Supplier Content.
4. You will not post, upload, publish, submit or transmit any Supplier Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates any policy relating to BookingPal’s Content or any other policy of BookingPal. BookingPal may, without prior notice, remove or disable access to any Supplier Content that BookingPal finds to be in violation of these Terms of Service or BookingPal’s then- current policies or standards, or otherwise may be harmful or objectionable to BookingPal, Guests, its Distribution Channels, third parties, or property.
Transaction Fees
1. BookingPal may charge fees to you (“Supplier Fees“) and/or Guests (collectively, “Transaction Fees“) in consideration for your use of the BookingPal Platform.
2. BookingPal reserves the right to change the Transaction Fees at any time and will provide you at least 10 business days notice of any fee changes before they become effective. Such fee changes will not affect any bookings made prior to the effective date of the fee change. For greater certainty, where BookingPal changes any Transaction Fees hereunder, such amended fees shall be applicable to any and all future bookings for all Listings. In the event that you do not terminate this Agreement within 10 business days of any such change to any Transaction Fees, you shall be responsible for payment of such revised amounts. If you do terminate this Agreement within 10 business days of such change, you will be billed at the retroactive rate for all Supplier Fees for all Reservations then in existence on the BookingPal Platform. In the event that any such Reservations are cancelled, you shall be entitled to a refund upon furnishing proof to BookingPal of such cancellation(s).
3. You are responsible for paying any Supplier Fees that you owe to BookingPal. If you are utilizing the BookingPal payment service, then the applicable Transaction Fees, and any other selected vendor payouts that are collected by BookingPal will be deducted from the gross amount paid by the Guest before remitting the payout to you. If you collected the gross amount paid by the Guest, then BookingPal will invoice you and either automatically direct debit the Supplier Fees from your bank account or collect the Supplier Fees through other means (e.g. check, credit card, etc.). If you choose to pay the Supplier Fees with a credit card, an additional processing fee will be added to the invoice.
Recurring Payments
1. For certain services (such as a subscription service to access the BookingPal Platform), BookingPal may require you to make recurring payments toward the subscription fees owed (“Recurring Payments”).
2. If Recurring Payments apply to you, then you authorize BookingPal to collect the Recurring Payments at the frequency agreed to.
3. You may stop payment of a Recurring Payment by notifying BookingPal in writing at least twenty (20) business days before the scheduled date of the payment, but no payment will result in the suspension of the account.
Payment Authorizations

You authorize us to collect from you amounts due pursuant to these Terms of Service.
Terms Specific for Listings
1. When providing information about your rental property you must (i) provide complete and accurate information about the Listing (such as description, location, minimum/maximum occupancy, check-in/out time/date, lead time, length of stay requirement, calendar availability, etc.) (“Listing Information”). Even if BookingPal is connected to your Property Management Software (“PMS”) and we receive Listing Information from the PMS, these connections are not real-time and BookingPal does not control the schedule of updates or reliability of the PMS platform. You are responsible for keeping the Listing Information (including calendar availability) up to date at all times in the BookingPal Platform. If the Listing information is not up to date in the BookingPal Platform, which leads to a financial liability, it is the sole responsibility of you to resolve the financial liability with the Guest and/or Distribution Channel. BookingPal assumes no responsibility for resolving the issue and assumes no financial liability for the incorrect Listing Information.
2. You are solely responsible for setting a price (including any taxes if applicable, or fees such as cleaning fees) for your Listing (“Listing Price”). Once a Guest completes a booking of your Listing, you may not request that the Guest pays a higher price than in the booking request. Even if BookingPal is connected to your Property Management Software (“PMS”) and we receive a Listing Price from the PMS, these connections are not real-time and BookingPal does not control the schedule of updates or reliability of the PMS platform. You are responsible for keeping your Listing Price up to date at all times in the BookingPal Platform. If the Listing Price is not up to date in the BookingPal Platform, which leads to a financial liability, it is the sole responsibility of you to resolve the financial liability with the Guest and/or Distribution Channel. BookingPal assumes no responsibility for resolving the issue and assumes no financial liability for the incorrect Listing Price.
3. If the Distribution Channel(s), or any other party, recovers any financial liability related to section 6, or for any other reason, directly from BookingPal, then BookingPal will be entitled to recover the amount of any such financial liability from you, including by subtracting such refund amount out from any future payouts due to you.
4. You represent and warrant that any property you publish and the booking of, or a Guest’s stay at, will (i) not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, or other agreements, and (ii) comply with all applicable laws (such as zoning laws), Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the rental property at your request or invitation, excluding the Guest and any individuals the Guest invites to the rental property.
Booking Modifications, Cancellations, Refunds and Resolutions
1. You agree to pay any additional Supplier Fees associated with modifications to any Reservation.
2. Guests can cancel a confirmed Reservation at any time pursuant to the property cancellation policy of the Distribution Channel, and, if BookingPal is providing a payment service i). BookingPal will refund the amount of the Listing Price due to the Guest in accordance with such cancellation policy, and ii). unless extenuating circumstances exist, any portion of the Listing Price due to you under the applicable cancellation policy will be remitted to you by BookingPal.
3. In certain circumstances, if BookingPal is providing a payment service, BookingPal may decide, in its sole discretion, that it is necessary to cancel a confirmed Reservation and make appropriate refund and payout decisions. This may be for reasons where BookingPal believes in good faith, while taking the legitimate interests of both Guest and you into account, (i) this is necessary to avoid significant harm or financial loss to BookingPal, you, third parties or property, or (ii) for any of the reasons set out in these Terms of Service.
4. If, as a Supplier, your Guest cancels a confirmed Reservation or BookingPal decides that it is necessary to cancel a confirmed Reservation, and BookingPal is providing a payment service, BookingPal issues a refund to the Guest in accordance with the applicable cancellation policy, you agree that in the event you have already been paid, BookingPal will be entitled to recover the amount of any such refund from you, including by subtracting such refund amount out from any future Payouts due to you.
Damage to Rental Property, Disputes between Guests and Suppliers
1. The Guest, not BookingPal, is responsible for leaving the rental property (including any personal or other property located at the rental property) in the condition it was in when they arrived. The Guest, not BookingPal, is responsible for their own acts and omissions and are also responsible for the acts and omissions of any individuals whom they invite to, or otherwise provide access to, the rental property, excluding you (and the individuals you invite to the rental property, if applicable).
2. If a Guest damages the rental property and you do not have property damage insurance or a security deposit, then the only recourse for you is with the Distribution Channel(s) and/or the Guest, not BookingPal.
3. If a Guest disputes a charge for any reason and the Distribution Channel(s) decides to refund a Guest, then the only recourse for you is with the Distribution Channel(s), not BookingPal. If BookingPal is providing a payment service and the Distribution Channel(s) recovers the amount of any such refund from BookingPal, then BookingPal will be entitled to recover the amount of any such refund from you, including by subtracting such refund amount out from any future Payouts due to you.
Taxes
1. BookingPal is not responsible for taxes (“Taxes”). You acknowledge and agree that neither BookingPal, nor Distribution Channel(s), unless expressly stated otherwise in the Distribution Channel(s) agreement, are responsible for paying or remitting any Taxes to tax authorities that are: (i) imposed directly on, or are the liability of, you pursuant to any Requirements of Law; or (ii) that are the responsibility of you to collect and remit to a tax authority pursuant to any requirements of law. You shall be considered the “Marketplace Facilitator,” or the equivalent thereof, and agree to follow best practices for purposes of filing informational tax returns with any appropriate tax authority with respect to any payments made to the owner of an eligible property.
2. Value Added Tax & Similar Taxes. The amounts payable to BookingPal, under this Agreement will not be reduced by any Taxes. Therefore, in addition to making any payment (if applicable) to BookingPal, under this Agreement, Supplier will: (i) pay BookingPal, the amount of these Taxes due with respect to the payment; or (ii) if required or permitted by Legal Requirements, pay these Taxes directly to the relevant tax authority. If a reverse charge mechanism is available to you, you will promptly account for and pay these taxes in accordance with Legal Requirements.
3. Income Taxes. Each Party will pay income taxes imposed (including by withholding or other means) by any competent governmental authority on any income it receives under this Agreement.
4. Cooperation. The Parties will cooperate to more accurately determine and minimize, to the extent commercially reasonable, their respective liability for taxes. Each Party will provide tax information or documents regarding taxes reasonably requested by the other Party. Each Party will promptly notify the other of any claim for taxes asserted with respect to this Agreement or a rental property booked through the Distribution Channel(s) by a tax authority with jurisdiction over either Party. With respect to any claim arising out of a tax form or return signed by a Party to this Agreement, the signing Party will notify the other Party before taking action concerning the dispute with the tax authority, and, if requested by the other Party, cooperate with the other Party in preparing its response. The obligations of this Section will apply regardless of which Party is responsible for payment of such taxes.
Prohibited Activities

You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the BookingPal Platform. In connection with your use of the BookingPal Platform, you will not and will not assist or enable others to:
- breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms of Service, policies or standards;
- use the BookingPal Platform for any commercial or other purposes that are not expressly permitted by these Terms of Service or in a manner that falsely implies BookingPal endorsement, partnership or otherwise misleads others as to your affiliation with BookingPal;
- copy, store or otherwise access or use any information, including personally identifiable information about any Guest, contained on the BookingPal Platform in any way that is inconsistent with BookingPal’s Privacy Policy or these Terms of Service or that otherwise violates the privacy rights of Guests or third parties;
- use the BookingPal Platform in connection with the distribution of unsolicited commercial messages (“spam”);
- offer, as a Supplier, any rental property that you do not yourself own or have legal authorization to make available as a residential or other property through the BookingPal Platform;
- use the BookingPal Platform to request, make or accept a Reservation independent of the BookingPal Platform, to circumvent any Service Fees or for any other reason;
- equest or accept any payment for Transaction Fees outside of the BookingPal Platform or BookingPal Payments. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms of Service; (ii) accept all risks and responsibility for such payment, and (iii) hold BookingPal harmless from any liability for such payment;
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
- use, display, mirror or frame the BookingPal Platform, or any individual element within the BookingPal Platform, BookingPal’s name, any BookingPal trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the BookingPal Platform, without BookingPal’s express written consent;
- dilute, tarnish or otherwise harm the BookingPal brand in any way, including through unauthorized use of Collective Content, registering and/or using BookingPal or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to BookingPal domains, trademarks, taglines, promotional campaigns or Collective Content;
- use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the BookingPal Platform for any purpose;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by BookingPal or any of BookingPal’s providers or any other third party to protect the BookingPal Platform;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the BookingPal Platform;
- take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the BookingPal Platform;
- export, re-export, import, or transfer the BookingPal Platform except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws; or
- violate or infringe anyone else’s rights or otherwise cause harm to anyone.
Term and Termination, Suspension and other Measures
1. This Agreement shall be effective for one calendar month, at the end of which it will automatically and continuously renew for subsequent 1 calendars month terms until such time when you or BookingPal terminate the Agreement in accordance with this provision.
2. You may terminate this Agreement at any time by sending us an email to support@bookingpal.com. If you cancel your BookingPal Account, any confirmed Reservation(s) must be honored and you are responsible for any Transaction Fees for the confirmed Reservation(s). For greater certainty, upon the date of any such termination, BookingPal shall invoice you for all then booked Listings through the BookingPal Platform which amounts shall be immediately due and owing as compensation for future Reservations. In the event that any such Reservations are cancelled, you shall be entitled to a refund upon furnishing proof to BookingPal of such cancellation(s).
3. Without limiting our rights specified below, BookingPal may terminate this Agreement for convenience at any time by giving you at least 10 business days notice via email to your registered email address.
4. BookingPal may immediately, without notice, terminate this Agreement and/or stop providing access to the BookingPal Platform if (i) you have materially breached your obligations under these Terms of Service, our policies or standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) BookingPal believes in good faith that such action is reasonably necessary to protect the personal safety or property of BookingPal, its Suppliers, or third parties (for example in the case of fraudulent behavior of a Supplier).
5. In addition, BookingPal may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms of Service, our policies or standards, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the BookingPal Account registration, Listing process or thereafter, (iv) BookingPal otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed Reservations or failed to respond to Reservation requests without a valid reason, or (vii) BookingPal believes in good faith that such action is reasonably necessary to protect the personal safety or property of BookingPal, its Suppliers, or third parties, or to prevent fraud or other illegal activity:
  - refuse to publish, delete or delay any Listings, or other Supplier Content;
  - cancel any pending or confirmed Reservations;
  - limit your access to or use of the BookingPal Platform;
  - temporarily or in case of severe or repeated offenses permanently suspend your BookingPal Account and stop providing access to the BookingPal Platform.
6. If BookingPal is providing a payment service and we take any of the measures described above (i) we may refund your Guests in full for any and all confirmed Reservations that have been cancelled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed Reservations that were cancelled.
7. When this Agreement has been terminated, you are not entitled to a restoration of your BookingPal Account or any of your Supplier Content. If your access to or use of the BookingPal Platform has been limited or your BookingPal Account has been suspended or this Agreement has been terminated by us, you may not register a new BookingPal Account or access and use the BookingPal Platform through a BookingPal Account of another Supplier.
8. Parts of these Terms of Service that by their nature survive termination, will survive termination of this agreement, including Sections 1 through 21.
Disclaimers

If you choose to use the BookingPal Platform or Collective Content, you do so voluntarily and at your sole risk. The BookingPal Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied. You agree that you have had whatever opportunity you deem necessary to investigate the BookingPal Platform, laws, rules, or regulations that may be applicable to your Listings and that you are not relying upon any statement of law or fact made by BookingPal relating to a Listing.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the BookingPal Platform, your publishing of any Listing via the BookingPal Platform, remains with you. Neither BookingPal nor any other party involved in creating, producing, or delivering the BookingPal Platform will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms of Service, (ii) from the use of or inability to use the BookingPal Platform, (iii) from any communications, interactions or meetings with other persons with whom you communicate, interact or meet with as a result of your use of the BookingPal Platform, or (iv) from your publishing of a Listing, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not BookingPal has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to you pursuant to these Terms of Service, in no event will BookingPal’s aggregate liability arising out of or in connection with these Terms of Service and your use of the BookingPal Platform including, but not limited to, from your publishing of any Listings via the BookingPal Platform, or from the use of or inability to use the BookingPal Platform, exceed the Transaction Fees you have paid for a Reservation via the BookingPal Platform as a Supplier that has given rise to the liability, or one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between BookingPal and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the U.S., this does not affect BookingPal’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law. In the alternative, BookingPal’s liability to you for use of the BookingPal Platform shall be strictly limited to the Supplier Fees for any particular Reservation for any damages suffered by you, any Distribution Channel and / or any Guest.
Indemnification

To the maximum extent permitted by applicable law, you agree to release, defend (at Bookingpal’s option), indemnify, and hold BookingPal and its affiliates and subsidiaries, including but not limited to their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms of Service or our policies or standards, (ii) your improper use of the BookingPal Platform, (iii) your breach of any laws, regulations or third party rights.

You also hereby indemnify BookingPal against any and all losses incurred by you, any Distribution Channel and any Guest in relation to any Listings, Reservations and any use of the BookingPal Platform.

Indemnification Procedure. A party seeking indemnification from the other will (i) promptly notify the other in writing of the Claim; (ii) reasonably cooperate with the indemnifying party in resolution of the Claim, at the indemnifying party’s expense. In addition, the indemnifying party will have sole control over the defense and settlement of any Claim, except that it may not enter into any final settlement agreement or consent to the entry of any final judgment without the indemnified party’s prior written consent (which will not unreasonably be withheld, delayed or conditioned). In addition, the indemnified party’s failure to comply with its obligations under (i) and (ii) of this section will only excuse the indemnifying party from its indemnification obligations to the extent it is prejudiced by the delay.
Dispute Resolution, Arbitration Agreement and Governing Law

United States Dispute Resolution and Arbitration Agreement. PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY PROVIDE THAT YOU AND BOOKINGPAL AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND INCLUDE A CLASS ACTION WAIVER AND JURY TRIAL WAIVER. This Arbitration Agreement supersedes all prior versions.
1. Application. This Arbitration Agreement only applies to you if your country of residence or establishment is the United States. If your country of residence or establishment is not the United States, and you nevertheless attempt to bring any legal claim against BookingPal in the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this Section 18 applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law.
2. Overview of Dispute Resolution Process. BookingPal is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom this Section 18 applies: (1) an informal negotiation directly with BookingPal’s customer service team (described in paragraph 22.3, below), and if necessary (2) a binding arbitration in accordance with the terms of this Arbitration Agreement. You and BookingPal each retain the right to seek resolution of the dispute in small claims court as an alternative to arbitration.
3. Mandatory Pre-Arbitration Dispute Resolution and Notification. At least 30 days prior to initiating an arbitration, you and BookingPal each agree to send the other party an individualized notice of the dispute in writing (“Pre-Dispute Notice”) and attempt in good faith to negotiate an informal resolution of the individual claim. You must send your Pre-Dispute Notice to BookingPal by mailing it to BookingPal with a copy to support@bookingpal.com. BookingPal will send its Pre-Dispute Notice to the email address associated with your BookingPal account. A Pre-Dispute Notice must include: the date, your name, mailing address, your BookingPal username, the email address you used to set up your BookingPal account, your signature, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written demand for arbitration with the arbitration provider designated pursuant to Section 18.6, below. A claimant’s Pre-Dispute Notice requirement is a prerequisite to any arbitration, and a copy of the Pre-Dispute Notice and evidence that it was sent as required by this Section must be attached to any arbitration demand.
4. Agreement to Arbitrate; Delegation. You and BookingPal mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the BookingPal Platform, Host Services, or any Content (collectively, “Disputes”) will be settled by binding arbitration on an individual basis (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to a Dispute, you and BookingPal agree that an arbitrator will decide that issue. For the avoidance of doubt, you and BookingPal agree that any question regarding arbitrability and the formation, enforceability, validity, scope, or interpretation of all or part of this Section 18, including any dispute over compliance with the Pre-Dispute Notice requirement and a party’s responsibility to pay arbitration fees, shall be resolved exclusively by an arbitrator.
5. Exceptions to Arbitration Agreement. You and BookingPal each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as defined by Section 18): (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief; (iv) any claim or cause of action for vexatious litigation; or (v) any individual claim of sexual assault or sexual harassment arising from your use of the BookingPal Platform or Host Services. You and BookingPal agree that any request for the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act.
6. Arbitration Forum Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this Arbitration Agreement, and not state law. The arbitration will be administered by ADR Services, Inc. (“ADR”) (www.adrservices.com) in accordance with Rules 1, 6–7, 8–9, and 11–12, 45, 54, and 56 of the Federal Rules of Civil Procedure (“Selected Federal Rules”) (https://www.uscourts.gov/rules-policies/current-rules-practice-procedure/federal-rules-civil-procedure) and ADR’s Arbitration Rules then in effect (the “ADR Rules”), except as the Selected Federal Rules or ADR Rules are modified by or conflict with this Arbitration Agreement. The ADR Rules are available at www.adrservices.com. If an arbitration demand is submitted to ADR Services in accordance with this agreement and the ADR Rules, and ADR Services cannot or will not administer the arbitration, the arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Selected Federal Rules and the AAA’s Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified here. The AAA Rules are available at www.adr.org. If the AAA cannot and will not administer the arbitration, you and BookingPal shall confer and select an alternative arbitral forum, and if we are unable to agree, either you or BookingPal may ask a court to appoint an arbitrator pursuant to 9 U.S.C. § 5. In that event, the arbitration will be conducted in accordance with the rules of the appointed arbitral forum, unless those rules are inconsistent with the provisions of this Arbitration Agreement.
7. Modification of Arbitration Rules – Arbitration Hearing/Location. In order to make the arbitration most cost-effective, efficient, and convenient, any required arbitration hearing in an arbitration wherein the amount in controversy does not exceed $1,000,000 shall be conducted remotely via video conference except as otherwise agreed by the parties or instructed by the arbitrator. Any required arbitration hearing in an arbitration wherein the amount in controversy exceeds $1,000,000 shall be conducted in San Francisco County except as otherwise agreed by the parties or instructed by the arbitrator. If the amount in controversy is $10,000 or less, the parties agree to proceed solely on the submission of documents to the arbitrator, provided that the arbitrator has discretion to decide to hold a hearing in response to the reasonable and proportionate request from a party.
8. Modification of Arbitration Rules – Arbitration Fees and Costs. Your arbitration fees and your share of arbitrator compensation shall be governed by the ADR Rules and the ADR Services fee schedule (available at www.adrservices.com). If you have a gross monthly income of less than 300% of the federal poverty guidelines, you are entitled to a waiver of arbitration fees and costs, exclusive of arbitrator fees. You may request a fee waiver by providing the arbitration provider with a declaration under oath stating your monthly income and the number of persons in your household. If a fee waiver is granted by the arbitration provider and you provide BookingPal with documents necessary to prove that your gross monthly income is less than 300% of the federal poverty guidelines, BookingPal will pay your share of any arbitrator fees.
9. Modification of Arbitration Rules – Claims Brought for an Improper Purpose or In Violation of This Arbitration Agreement. Either party may make a request that the arbitrator impose sanctions upon proving that the other party or its attorney(s) has asserted a claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous. As allowed by applicable law, the arbitrator shall impose sanctions equal to the requesting party’s reasonable attorneys’ fees and costs upon finding that a claim or defense is groundless in fact or law, brought in bad faith or for the purpose of harassment, asserted in violation of Fed. R. Civ. P. 11(b) (treating the arbitrator as “the court”), or is otherwise frivolous. Either party may seek dismissal of any arbitration filed in violation of any provision of this Arbitration Agreement. Either party may assert in arbitration a counterclaim for the other party’s initiation of proceedings concerning an arbitrable Dispute without complying with or otherwise in violation of the requirements of this Arbitration Agreement. Upon finding that a party has initiated proceedings concerning an arbitrable Dispute without complying with or otherwise in violation of the requirements of this Arbitration Agreement, the arbitrator shall award the other party its actual damages, including but not limited to reasonable attorneys’ fees and costs.
10. Arbitrator’s Decision. The arbitrator will issue a written decision which shall include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the ADR Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
11. Jury Trial Waiver. You and BookingPal acknowledge and agree that both parties are each waiving the right to a trial by jury as to all arbitrable Disputes.
12. No Class Actions or Representative Proceedings. You and BookingPal acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing or as provided in this agreement, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.
13. Mass Action Waiver. You and BookingPal acknowledge and agree that the relative benefits and efficiencies of arbitration may be lost when 100 or more arbitration claims are filed within 180 days which (1) involve the same or similarly situated parties; (2) are based on the same or similar claims which arise from the same or substantially identical transactions, incidents, alleged violations or events requiring the determination of the same or substantially identical questions of law or fact; and (3) involve the same or coordinated counsel for the parties (“Mass Action”). Accordingly, you and BookingPal agree to waive the right to have any Dispute administered, arbitrated, or resolved as part of a Mass Action (though Sections 18.12 AND 18.19 of these Terms will continue to apply to the Dispute). In case of a dispute, the appointed arbitrator for the first matter instituted within a set of claims identified by either party shall decide whether those claims are part of a Mass Action. If no arbitrator has yet been appointed, an arbitrator shall be appointed solely to determine whether claims identified by either party are part of a Mass Action. Nothing in this provision prevents you or BookingPal from participating in a mass settlement of claims.
14. Modification of Arbitration Rules – Mass Action Batching Requirements. If for any reason, notwithstanding Section 18.13, an arbitration proceeds as part of a Mass Action, the parties shall group the arbitration demands into batches of no more than 200. The batches shall be determined by listing the claimants’ alphabetically (by last name or business name, as applicable)—for example, the first 200 claimants listed will be the first batch, the next 200 claimants listed will be the second batch, and so forth. The parties shall randomly assign each batch a sequential number and arbitrate the batches one at a time, in sequential order. While one batch is being arbitrated, the arbitration provider shall hold the remainder in abeyance unless otherwise agreed by the parties or instructed by the arbitration provider. Each batch shall be resolved within 240 days of the pre-hearing conference for that batch. Notwithstanding the forgoing, if any claimant’s demand has not been the subject of a pre-hearing conference within 2 years of the latest-filed demand in the Mass Action, such claimant may elect to pursue the claims asserted in the claimant’s demand in court subject to Sections 21 and 22.12 of these Terms.
15. Modifications of Arbitration Rules – Offers of Judgment. At least 10 days before the date set for the arbitration hearing, you or BookingPal may serve a written offer of judgment on the other party to allow judgment on specified terms. If the offer is accepted, the offer with proof of acceptance shall be submitted to the arbitration provider, who shall issue an award accordingly. If the offer is not accepted prior to the arbitration hearing or within 30 days after it is made, whichever occurs first, it shall be deemed withdrawn and cannot be given as evidence in the arbitration, other than with respect to costs (including all fees paid to the arbitration provider). If an offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover their post-offer costs and shall pay the offering party’s costs (including all fees paid to the arbitration provider) from the time of the offer.
16. Severability. Except as provided in Section 18.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of the Arbitration Agreement will be given full force and effect.
17. Amendment to Agreement to Arbitrate. If BookingPal amends this Section 18 after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject the change by sending us written notice no later than 10 business days of the date the change is effective. Your notice must include your name, mailing address, the date of the notice, your BookingPal username, the email address you used to set up your BookingPal account, your signature, and an unequivocal statement that you want to opt out of the amended Section 18. You must either mail your notice to this address: 4742 N 24th Street, Suite 300 Phoenix, AZ 85016 United States, Attn: Arbitration Opt-Out, or email the opt-out notice to support@BookingPal.com. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and BookingPal (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and BookingPal.
18. Survival. Except as provided in Section 18.12 and subject to Section 18.19, this Section 18 will survive any termination of these Terms and will continue to apply even if you stop using the BookingPal Platform or terminate your BookingPal account.
19. If you reside or have your place of establishment in the United States, these Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the arbitration agreement in Section 22 must be brought in state or federal court in San Francisco, California, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in San Francisco, California.

Privacy and Data Use Policy

Scope and Application – BookingPal wants you to be familiar with how we collect, use and disclose your information. California residents, please see the California Consumer Privacy Act Notice below. The Services are for a general audience, are not targeted to children, and do not knowingly collect personal information from children under 13 years of age. This section of our Terms of Service (the “Privacy Policy”) applies to all users, including both those who use the Services without being registered with the BookingPal Platform and those who have registered with the BookingPal Platform. This Privacy Policy applies to our collection and use of your personal information (i.e., information that identifies a specific person, such as full name or email address). It also describes generally our practices for handling non-personal information (for example, demographics and services usage).
Collection of Information – Depending on your interactions with us, we and our service providers may collect the following information from and about you:
1. Registration Information is the information you submit to register for the Services, for example, to create an account, register for or participate in an event, or receive a newsletter. Registration Information may also include, for example, name, email address, address, and phone number.
2. Activity Information is information about your activities on the BookingPal Platform. When you access and interact with the Services, we and our service providers may collect certain information about those visits. For example, in order to permit your connection to the Services, our servers receive and record information about your computer, device, and browser, including potentially your IP address, browser type, and other software or hardware information. If you access the Services from a mobile or other device, we may collect a unique device identifier assigned to that device, geolocation data (including your precise location), or other transactional information for that device.
3. Cookies and other tracking technologies (such as browser cookies, pixels, beacons, and local storage, and other mechanisms) use various approaches to collect and store data. Some of these technologies store data in the browser or on your device. Other technologies may use network-related or other information to recognize your device (e.g., IP address). Our websites, apps and other services use these technologies, for example, when you first request a web page and then store the data on your computer or other device so the website or other service can access information when you make subsequent requests for pages from that service. These technologies may also be used to collect and store information about your usage of the Services, such as pages you have visited, search history, and the video and other content you have viewed.
4. Other parties that support the Services by providing services, such as tracking aggregate Services usage statistics, may also use these technologies to collect similar information when you use the Services or other parties’ services.
5. Your browser may be initially set to accept cookies, but you can change your settings to notify you when a cookie is being set or updated, and to block cookies altogether. Please note that by blocking any or all cookies, you may not have access to certain features, content or personalization available through the Services.
6. We may supplement the information we collect with information from other sources, such as publicly available information about your online and offline activity from social media services, advertisers, commercially available sources, and information from our business partners.
7. Depending on your interactions with us, we may not have collected information from you for each of the categories above.
Use and Disclosure – We may use and disclose some or all of the information we collect from and about you for the following purposes:
1. To provide the Services. We use information we collect from and about you to provide the Services. This may include:
  1. to measure, maintain and improve those Services and features and to develop new products and services, including making inferences, conducting research and quality and safety assurance measures;
  2. to perform identity verification;
  3. to provide you with customer support and to respond to inquiries which may include the use of chatbots; please note that your inquiries and responses to these chatbots may be transcribed and retained;
  4. to maintain our facilities and infrastructure;
  5. to comply with internal policies, including accounting, audit, and other internal functions; and
  6. to maintain records, conduct risk and security controls, and monitoring.
  For greater certainty, we are expressly authorized to collect, retain, re-format, and share any review data and information provided by any Guests, at any time, for all Listings and you represent that you have authorization from all Guests to facilitate this use. This sharing of information includes, without limitation, providing any information to any Distribution Channel(s) which we or you utilize for the Services at any time.
2. To allow service providers to assist us in providing and managing the Services. Information we collect from and about you may be made available to certain service providers, such as contractors, chatbot providers, analytics and other measurement companies, and agents or sponsors, who help us analyze and understand your use of the Services, organize and/or host events, and manage and/or provide the Services.
3. To contact you. We may periodically send emails or notifications related to the Services. If you want to stop receiving emails, you can follow unsubscribe links at the bottom of promotional emails or contact us. There are certain service notification and other emails that you may not opt-out of, such as notifications of changes to the Services or policies.
4. To share with others. We may share information we collect from and about you as described in this Privacy Policy with other businesses which we affiliate with (“Company Affiliates”) for the purposes described in this Privacy Policy. Users who visit Our Affiliates’ services should still refer to their separate privacy policies, which may differ in some respects from this Privacy Policy.
5. To protect the rights of BookingPal and others. There may be instances when we may use or disclose information we collect from and about you as described in this Privacy Policy, including situations where we have a good faith belief that such use or disclosure is necessary in order to: (i) protect, enforce, or defend the legal rights, privacy, safety, or property of us, our Company Affiliates or our or their employees, agents and contractors (including enforcement of our agreements and our terms of use); (ii) protect the safety, privacy, and security of users of the Services or members of the public; (iii) protect against fraud or for risk management purposes; (iv) comply with the law or legal process; or (v) respond to requests from public and government authorities.
6. To complete a merger or sale of assets or other corporate transaction. If we sell all or part of our business or make a sale or transfer of our assets or are otherwise involved in an acquisition, reorganization, merger or transfer of all or a part of our business, or other corporate transaction (including in connection with a bankruptcy or similar proceedings), we may transfer or disclose information we collect from and about you as described in this Privacy Policy to the party or parties involved in the transaction as part of that transaction.
Depending on your interactions with us, we may not have collected, used or disclosed information from you in each of the categories above, and to the extent that we have disclosed information from or about you, it may not include all of the information that we collect from and about you as described in this Privacy Policy.

Please note that when the information collected from or about you does not identify you as a specific person, we may use that information for any purpose or share it with other parties, to the extent permitted by applicable law.
Security – We us commercially reasonable administrative, technical, personnel, and physical measures designed to safeguard information in its possession against loss, theft and unauthorized use, disclosure, or modification. However, no one can guarantee the complete safety of your information.
User Access and Control – If you would like to access, review, correct, update, suppress, delete, or otherwise limit our use of your personal information you have previously provided directly to us, you may contact us. In your request, please include your email address, name, address, and telephone number and specify clearly what information you would like to access, change, update, suppress, or delete. We will try to comply with your request as soon as reasonably practicable and consistent with applicable law. Please note that subject to applicable law, in some cases we may not comply with your request where we may require your information in order to comply with applicable law, or to protect, enforce or defend our rights or employee rights, or those of a Company Affiliate.

If you are a resident of California, please see the section entitled “California Consumer Privacy Act Notice,” below, for more information about the rights you have under California law. If you are a California resident, you may request that we not share your personal information on a going-forward basis with Company Affiliates or unaffiliated third parties for their direct marketing purposes. We will try to comply with your request(s) as soon as reasonably practicable and consistent with applicable law.
Other Important Information
1. Updates to Privacy Policy. We may modify this Privacy Policy. Please look at the Effective Date at the top of this Privacy Policy to see when this Privacy Policy was last revised. Any changes to this Privacy Policy will become effective when we post the revised Privacy Policy on the Services.
2. Location of Data. The Services are hosted in and managed from the United States. If you are a user located outside the United States, you understand and consent to having any personal information processed in the United States or in any other country in which we have facilities or in which we engage service providers. The United States and other countries’ data protection laws may not be the same as those in your jurisdiction. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in the United States may be entitled to access your personal information.
3. Linked Services. The Services may be linked to sites operated by unaffiliated companies, and may carry advertisements or offer content, functionality, newsletters, contests or sweepstakes, or applications developed and maintained by unaffiliated companies. We are not responsible for the privacy practices of other companies, and once you leave the Services, you should check the applicable privacy policy of the other service. In addition, Company is not responsible for the privacy or data security practices of other organizations, operating system providers, wireless service providers, or device manufacturer, including in connection with any information you disclose to other organizations through or in connection with the Services.
4. Data Retention. We will retain your information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or allowed by law. We may also retain backup information related to your account on our servers for some time after cancellation or your request for deletion, for fraud detection or to comply with applicable law or our internal security or recordkeeping policies. It may not always be possible to completely remove or delete all of your information due to technical constraints or contractual, financial or legal requirements.
5. Deidentified Information. To the extent we process “deidentified” personal information, as defined under applicable law, we will maintain and use that information in deidentified form and will not attempt to reidentify the information except as permitted by applicable law.

California Consumer Privacy Act Notice – This California Consumer Privacy Act Notice Section provides information for California residents who are business consumers acting as employees, owners, directors, officers or independent contractors of an entity conducting due diligence or providing or receiving a product or service from Company (“B2B Contacts”). Under the California Consumer Privacy Act (“CCPA”), and for purposes of this Section, “Personal Information” generally means information that identifies, relates to, or describes a particular California resident and includes the categories listed below. This section provides details about the categories of Personal Information of California B2B Contacts that we have collected, disclosed, or “sold” or “shared” during the last 12 months, as well as rights those California residents have under California law.

Categories of Personal Information Collected and/or Disclosed: The categories of Personal Information that we have or may have collected and/or disclosed are below, along with the categories of third parties to whom each category of Personal Information was disclosed. Also, depending on the California B2B Contact’s interactions with us, Company may not have collected or disclosed each (or any) of these categories of Personal Information about each individual.

Category of Personal Information Collected	Categories of Third Parties to Whom Personal Information Is Disclosed
Identifiers, such as name, IP address, email address, and online and device identifiers	Service providers, Company Affiliates, and other providers or partners that support our operational business purposes
Personal as defined in the California Customer Records law, such as contact information	Service providers, Company Affiliates, and other providers or partners that support our operational business purposes
Characteristics of protected classifications under California law, such as age or gender	Service providers, Company Affiliates, and other providers or partners that support our operational business purposes
Internet or network activity information, such as browsing history and interactions with our websites, or mobile applications (collectively, “Company Digital Properties”)	Service providers, Company Affiliates, and other providers or partners that support our operational business purposes
Geolocation data, such as device location	Service providers, Company Affiliates, and other providers or partners that support our operational business purposes
Audio, electronic, visual and other similar information, such as call recordings and closed-circuit TV at our facilities	Service providers, Company Affiliates, and other providers or partners that support our operational business purposes
Professional or employment-related information, such as work history and employer	Service providers, Company Affiliates, and other providers or partners that support our operational business purposes
Non-public education information (e.g., in connection with news or entertainment productions or sports programs)	Service providers, Company Affiliates, and other providers or partners that support our operational business purposes
Inferences drawn from any of the Personal Information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics	Service providers, Company Affiliates, and other providers or partners that support our operational business purposes

Sale and Sharing of Personal Information. We do not “sell” or “share” Personal Information of B2B Contacts, as those terms are defined by the CCPA. Please note that the CCPA definitions of “sale” and “share” do not include, for example, the transfer of Personal Information as an asset that is part of a merger, bankruptcy, or other similar transaction involving all or any portion of our business.
Sensitive Personal Information. We do not process “sensitive” Personal Information of B2B Contacts for purposes other than those specified in the CCPA Regulations section 7027(m) (such as to provide our products and services and for security purposes).
Sources of Personal Information. We collect this Personal Information directly from California B2B Contacts themselves, as well as from entities that employ the B2B Contact and are conducting due diligence or providing or receiving a product or service from Company; joint marketing, co-branding, and co-promotional partners; Company Affiliates; and sources of demographic and other information. Depending on the individual’s interactions with us, Company may not have collected Personal Information from each (or any) of these categories of sources.
Purposes. We may use Personal Information and/or disclose it to third parties for the following purposes:
1. to operate, manage, and maintain our business, including in connection with a sale, acquisition, reorganization, merger, transfer of all or a part of our business, or other corporate transaction (including in connection with a bankruptcy or similar proceedings);
2. to provide our products and services;
3. to accomplish our business purposes and objectives, including:
  - developing, improving, repairing, and maintaining our products and services;
  - personalizing, advertising, and marketing our products and services;
  - conducting research, analytics, and data analysis;
  - maintaining our facilities and infrastructure, including health and safety protocols;
  - quality and safety assurance measures;
  - conducting risk and security controls and monitoring;
  - detecting and preventing fraud;
  - performing identity verification;
  - performing accounting, audit, and other internal functions;
  - complying with law, legal process, and internal policies;
  - maintaining records; and
  - exercising and defending legal claims.
  Depending on the California B2B Contact’s interactions with us, Company may not have used Personal Information collected about that B2B Contact for each (or any) of these purposes and to the extent that Company has disclosed Personal Information about that California B2B Contact, it may not include all of the Personal Information collected about that individual.
Data Retention. We will retain Personal Information from or about you as reasonably necessary and proportionate to achieve the purpose(s) for which the Personal Information was collected or processed as outlined in this section unless a longer retention period is required or allowed by law.
California Rights. If you are a California B2B Contact, you have the following rights:
1. Right to Know. You have the right to request that we disclose to you the following information:
  1. The categories of Personal Information we collected about you and the categories of sources from which we collected such Personal Information;
  2. The specific pieces of Personal Information we collected about you for that applicable time period;
  3. The business or commercial purpose for collecting or disclosing Personal Information about you;
  4. The categories of Personal Information about you that we sold and the categories of third parties to whom we sold that Personal Information; and
  5. The categories of Personal Information about you that we otherwise shared or disclosed and the categories of third parties with whom we shared or disclosed that Personal Information.
  To make a request for your Personal Information, please contact us. You will need to provide your name and email address you use in your business relationship with us, along with other details about your request. You will then receive verification instructions by email. In some circumstances, we may need additional information from you to verify your identity or proceed with your request. Please note that, in some instances, we may decline to honor your request where, for example, we are unable to verify your identity or an exception to this right applies.
2. Right to Request Deletion. You have the right to request that we delete Personal Information we collected from you. To make a request for deletion, please contact us. You will need to provide your name and email address you use in your business relationship with us, along with other details about your request. You will then receive verification instructions by email. In some circumstances, we may need additional information from you to verify your identity or proceed with your request. You can use an authorized agent to submit a request for deletion. Please note that, in some instances, we may decline to honor your request where, for example, we are unable to verify your identity or an exception to this right applies.
3. Right to Request Correction. You have the right to request that we correct inaccurate Personal Information we collected about you. To make a request for correction of inaccurate Personal Information, please contact us. You will need to provide your name and email address you use in your business relationship with us, along with other details about your request. Please let us know what information you would like to be corrected. You will then receive verification instructions by email. In some circumstances, we may need additional information from you to verify your identity or proceed with your request. You can use an authorized agent to submit a request for correction of inaccurate Personal Information. Please note that, in some instances, we may decline to honor your request where, for example, we are unable to verify your identity or an exception to this right applies.
4. Right to be free from Discrimination. You have the right to be free from unlawful discrimination for exercising your rights under the CCPA.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the BookingPal Platform (“Feedback“). You may submit Feedback by emailing us, through our Support email support@bookingpal.com, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
General Provisions
1. Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms of Service constitute the entire Agreement between BookingPal and you pertaining to the subject matter hereof and supersede any and all prior oral or written understandings or agreements between BookingPal and you in relation to the access to and use of the BookingPal Platform.
2. No joint venture, partnership, employment, or agency relationship exists between you and BookingPal as a result of this Agreement or your use of the BookingPal Platform.
3. These Terms of Service do not and are not intended to confer any rights or remedies upon any person other than the parties.
4. If any provision of these Terms of Service is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
5. BookingPal’s failure to enforce any right or provision in these Terms of Service will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms of Service, the exercise by either party of any of its remedies under these Terms of Service will be without prejudice to its other remedies under these Terms of Service or otherwise permitted under law.
6. You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without BookingPal’s prior written consent. BookingPal may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 10 business days prior notice. Your right to terminate this Agreement at any time remains unaffected.
7. Unless specified otherwise, any notices or other communications to you permitted or required under this Agreement, will be provided electronically and given by BookingPal via email, BookingPal Platform notification, or messaging service (including SMS and Chat).
8. If you have any questions about these Terms of Service, please email us at support@bookingpal.com.