Terms and Conditions

"Beyonk" means Beyonk Ltd, a company registered in England and Wales (company number 11994212, Broad House, 1 The Broad House, Hatfield, Hertfordshire, England, AL9 5BG), Beyonk US Holdings Inc., a company incorporated in Delaware, and all of their respective subsidiaries.

Beyonk provides booking and marketing software and related services, which includes beyonk.com and related subdomains, apps, data feeds, APIs and other platforms operated by Beyonk (otherwise referred to as "we", "Beyonk" or the "Platform").

Beyonk has no involvement in the delivery, management, or supply of any activities or experiences provided to your end customers who book through the Platform.

By accessing or using Beyonk, you agree to accept these terms and conditions ("Agreement") in their entirety and to form a binding contract with Beyonk.

Unless expressly agreed in writing and signed by a director of Beyonk, this Agreement constitutes the entire agreement between you and Beyonk. Beyonk may update this Agreement from time to time, and you will be notified of any such updates. For any queries, please contact us via our contact page.

For as long as you use Beyonk to take payments, we grant you a limited, revocable, non-exclusive and non-transferable licence to access and use the Platform solely to provide booking services to your end customers. You agree to pay all fees and commissions owed to Beyonk in accordance with the pricing model in place, as updated from time to time. We will provide at least 30 days' notice of any pricing changes.

We reserve the right to amend the Platform in terms of look, feel, features and content without prior notice, and to amend, decline or delete your information on the Platform. We may refuse to work with businesses we do not consider aligned to Beyonk's vision, ethics and goals.

You agree that you will:

• use the Platform as intended and not in any way that damages the performance, reputation or integrity of the Platform;
• not use the Platform for illegal activities, and will seek all necessary permissions from relevant stakeholders and regulators;
• use and maintain secure, strong passwords that are not reused across other websites;
• take responsibility for all activity on your account, including the accuracy of your information and your service listings;
• act in your end customers' best interests by responding in a timely manner, fulfilling reservations and bookings, and processing refunds, cancellations and payment disputes.

Your use of Beyonk is provided "as-is" and "as available" and entirely at your own risk. We do not make any warranties regarding the functionality, reliability, quality, accuracy, completeness, availability or suitability for a particular purpose of the Platform. We follow standard good industry practice in terms of security and technology.

When using the Beyonk API or any other data feeds, you agree that you will not:

• misrepresent Beyonk data or deprive customers and third parties of sufficient information;
• seek to materially change, amend or damage Beyonk's business model;
• re-sell, share or licence Beyonk's data or service without prior written approval from a director of Beyonk.

Beyonk operates an SMS support channel through which registered business users ("Operators") may contact our support team directly by text message for assistance with their Beyonk account.

This channel is inbound-initiated only. Beyonk will never send unsolicited SMS messages to Operators for marketing, promotional or any other non-support purpose. By sending a text message to Beyonk's published support number, you are initiating contact and consenting to receive SMS replies from Beyonk solely for the purpose of resolving the support query you have raised.

The mobile number you use to contact Beyonk via SMS will be used exclusively to respond to and resolve the support query you have initiated. It will not be:

• used to send marketing, promotional or sales communications;
• shared with third parties for marketing or any purpose unrelated to resolving your query;
• stored for use beyond the resolution of your support case, except as part of the support record retained under our data retention policy.

You may stop SMS communications from Beyonk's support team at any time by replying STOP to any message you receive from us. If you do so, we will acknowledge your opt-out and use an alternative contact method (email or phone) to complete any open support query.

Reply HELP at any time to receive details of alternative support contact options.

Standard message and data rates may apply to SMS messages sent to and received from Beyonk, as determined by your mobile network provider. Beyonk is not responsible for any charges applied by your carrier.

SMS support conversations may be recorded and retained as part of your support record. This is governed by the data practices set out in our Privacy Policy.

For Operators based in the United States: by texting Beyonk's support number, you acknowledge that you are initiating contact and consent to receive responsive SMS messages from Beyonk for support purposes only. This consent does not extend to marketing communications. Message frequency will vary depending on the nature and complexity of your query. You may opt out at any time by replying STOP.

Intellectual Property Rights include but are not limited to software source code, confidential information, copyrights, user interface design, look and feel, patents, trade marks, design rights, rights in databases, domain names, branding and know-how (whether or not registered or capable of registration, and whether subsisting in the United Kingdom or any other part of the world), together with the right to apply for registration of such rights and any associated goodwill.

All Intellectual Property Rights in the Platform and its data are owned by Beyonk and its licensors. Nothing in this Agreement operates to transfer any Beyonk Intellectual Property Rights to you, other than the limited licence set out in section 2.

Beyonk is a technology platform provider only and shall not be liable for any loss, damages, claims or lawsuits from you or any third party relating to:

• accident, injury or death;
• loss of profits, revenues, goodwill, reputation, business, costs or damages howsoever caused;
• incorrect or misleading information you include on the Platform, including external links or incorrect information provided by businesses using Beyonk;
• data or security breaches arising from your actions or from third-party systems outside Beyonk's reasonable control.

The above exclusions and limitations do not apply to the extent prohibited by law. In jurisdictions that do not allow the exclusion or limitation of incidental or consequential damages, Beyonk's liability shall be limited to the maximum extent permitted by applicable law.

In the event of service issues with the Platform, you agree that in order for Beyonk to resolve the issue, the service may be temporarily unavailable. If you experience problems with bookings or the delivery of services by a business, your sole remedy is to contact that business directly.

You agree to indemnify and hold harmless Beyonk and all its officers, directors, employees, contractors, agents, affiliates and partners from any liabilities, claims, demands, lawsuits, recoveries, losses, damages, fines, penalties and any other costs arising from your:

• use of the Platform;
• breach of this Agreement;
• inability, failure or poor delivery of a service to an end customer or third party;
• breach of or non-compliance with applicable laws, standards or regulations;
• misrepresentation, incorrect or incomplete data on the Platform used by a customer or third party.

Beyonk may take payment from customers on your behalf. Beyonk is not responsible for the actions of third-party payment processors and may restrict access to such processors. If Beyonk incurs any credit card charges, chargebacks, refunds or similar payment processing fees as a result of taking payments on your behalf, you agree to fully indemnify Beyonk for such amounts.

You retain the rights to all data you upload to the Platform and can export your end customer and bookings data at any point.

When processing transactions, emails and notifications, we use third parties to deliver or fulfil the end-to-end service, such as payment gateways to send funds to your bank account. We and our partners comply with applicable data protection rules. We never share your personal data outside our partner distribution network without your prior consent.

Beyonk personnel are restricted on a need-to-know basis for viewing information on the Platform. Personnel will only view bookings, messages and other data where necessary to provide support, process transactions, generate reports or respond to your requests.

Beyonk may promote your business and services. You acknowledge that your images and content will be shared across the Beyonk partner distribution network and that we are not responsible for how your information appears on other websites.

Storing payment card details on the Platform is prohibited and would constitute a breach of our obligations under the Payment Card Industry Data Security Standard. You agree not to store any payment card details on the Platform and to use our certified payment gateways for all payments.

For further details on how we collect, use, store and protect personal data, including data collected via SMS support communications, please refer to our Privacy Policy at beyonk.com/privacy-policy.

Either party may immediately terminate this Agreement at any time upon written notice and for any reason.

Upon termination, you may request that we permanently delete your account and all data held within Beyonk relating to your business, with the exception of data that Beyonk is required to retain to comply with applicable law.

Upon termination, it remains your responsibility to fulfil all your obligations including payments, refunds, communications to end customers and delivery of goods and services purchased by end customers or third parties.

Beyonk Ltd, company number 11994212. Registered in England and Wales. For queries contact us at beyonk.com/contact