Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you", "your") and M37 Tech Pty Ltd (ABN 88 696 420 363, ACN 696 420 363) ("Booct", "we", "us", or "our"). By accessing or using the Booct platform at booct.com (the "Service"), you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Service Description

Booct is a cloud-based salon and spa management software-as-a-service ("SaaS") platform. The Service includes online appointment booking, client management, staff scheduling, point-of-sale, payment processing, communications (SMS and email), inventory management, loyalty programmes, gift cards, treatment records, and related business tools for beauty, wellness, and aesthetic service providers.

The Service is provided on an "as available" basis. We may modify, update, or discontinue features at any time with reasonable notice. We will endeavour to provide at least 30 days' notice for material changes that affect your use of the Service.

2. Account Registration and Responsibilities

2.1 Eligibility

You must be at least 18 years old and have the legal authority to enter into these Terms on behalf of yourself or the business entity you represent.

2.2 Account Security

• You are responsible for maintaining the confidentiality of your account credentials.
• You must notify us immediately at [email protected] if you suspect unauthorised access.
• You are responsible for all activity that occurs under your account.

2.3 Accurate Information

You agree to provide accurate, current, and complete information during registration and to update it as necessary. We may suspend or terminate accounts with materially inaccurate information.

2.4 Multi-User Access

If you grant staff members access to your organisation's account, you are responsible for their compliance with these Terms and for managing their permission levels appropriately.

3. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law or regulation.
• Upload, store, or transmit content that is defamatory, obscene, fraudulent, or infringes upon intellectual property rights.
• Attempt to gain unauthorised access to the Service, other accounts, or related systems or networks.
• Interfere with or disrupt the integrity or performance of the Service.
• Use the Service to send unsolicited commercial communications (spam) in violation of the Spam Act 2003 (Cth) or equivalent legislation.
• Reverse engineer, decompile, or disassemble any aspect of the Service.
• Use automated scripts, bots, or scrapers to access the Service without our written consent.
• Resell or redistribute the Service without a written agreement from Booct.

We reserve the right to suspend or terminate access for violations of this section, with or without notice depending on severity.

4. Subscriptions and Payments

4.1 Free Trial

We may offer a free trial period. At the end of the trial, your access will be downgraded or suspended unless you subscribe to a paid plan. No payment information is required to start a trial.

4.2 Subscription Plans

Paid subscriptions are billed on a recurring basis (monthly or annually, as selected). Prices are displayed in Australian Dollars (AUD) and are inclusive of GST where applicable.

4.3 Payment Processing

Payments are processed by Stripe. By subscribing, you also agree to Stripe's Terms of Service. All fees are non-refundable except as required by Australian Consumer Law.

4.4 Price Changes

We may change subscription prices with at least 30 days' written notice. The new price will apply from your next billing cycle after the notice period. If you do not agree, you may cancel before the new price takes effect.

4.5 Overdue Payments

If payment fails, we will notify you and provide a grace period of 14 days. If payment remains outstanding, we may suspend access to the Service. Your data will be retained for 60 days after suspension, after which it may be permanently deleted.

5. Your Data and Content

5.1 Ownership

You retain all ownership rights to the data and content you upload to the Service ("Your Content"). We do not claim any ownership over Your Content.

5.2 Licence

You grant Booct a limited, non-exclusive, worldwide licence to use, store, process, and display Your Content solely for the purpose of providing and improving the Service. This licence terminates when you delete Your Content or close your account.

5.3 Data Export

You may export Your Content at any time using the platform's export features. Upon account termination, we will make Your Content available for export for 30 days.

5.4 Backups

While we maintain regular backups of Service data, you are responsible for maintaining your own copies of critical business data.

6. Intellectual Property

The Service — including its design, source code, documentation, logos, trademarks, and all related intellectual property — is owned by Booct and protected by Australian and international intellectual property laws.

Your subscription grants you a limited, non-exclusive, non-transferable, revocable licence to use the Service for your internal business purposes during the subscription term. No other rights are granted.

7. Third-Party Integrations

The Service may integrate with third-party services (e.g., Stripe, email/SMS providers). Your use of those services is subject to their respective terms and privacy policies. Booct is not responsible for the availability, accuracy, or conduct of third-party services.

8. Limitation of Liability

To the maximum extent permitted by law:

• The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including fitness for a particular purpose, merchantability, or non-infringement.
• Booct's total aggregate liability for any claim arising out of or relating to these Terms or the Service shall not exceed the total fees paid by you in the 12 months preceding the claim.
• In no event shall Booct be liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, business opportunity, or goodwill.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under Australian Consumer Law, including guarantees under the Competition and Consumer Act 2010 (Cth).

9. Indemnification

You agree to indemnify and hold harmless Booct and its officers, directors, employees, and agents from any claims, losses, damages, liabilities, and expenses (including legal fees) arising out of your use of the Service, your violation of these Terms, or your violation of any third-party rights.

10. Termination

10.1 By You

You may cancel your subscription at any time through the platform's settings or by contacting [email protected]. Cancellation takes effect at the end of the current billing period. No partial refunds are provided except as required by Australian Consumer Law.

10.2 By Us

We may suspend or terminate your access immediately if you materially breach these Terms, engage in fraud or illegal activity, or fail to pay outstanding fees after the grace period. We will provide written notice of termination where practicable.

10.3 Effect of Termination

• Upon termination, your right to use the Service ceases immediately.
• Your data will remain available for export for 30 days after termination.
• After the export period, your data will be deleted in accordance with our Privacy Policy.
• Sections that by their nature should survive termination (including Limitation of Liability, Indemnification, and Governing Law) shall survive.

11. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Victoria and the Federal Court of Australia for any dispute arising out of or in connection with these Terms.

12. Dispute Resolution

Before commencing legal proceedings, you agree to:

1. Contact us — notify us of the dispute in writing at [email protected], describing the issue and proposed resolution.
2. Good-faith negotiation — engage in good-faith negotiations for at least 30 days from the date of notification.
3. Mediation — if the dispute is not resolved through negotiation, either party may refer the matter to mediation administered by the Australian Disputes Centre (ADC) under its Mediation Rules. Costs of mediation shall be shared equally.

If the dispute is not resolved through mediation within 60 days, either party may commence legal proceedings in accordance with Section 11.

13. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated via email or a prominent notice on the platform at least 30 days before they take effect. Your continued use of the Service after such changes constitutes acceptance of the updated Terms.

If you do not agree with the updated Terms, you may cancel your subscription before the changes take effect.

14. Contact

For questions about these Terms, please contact us:

• Email: [email protected]
• Mail: M37 Tech Pty Ltd, Melbourne, Victoria, Australia