Terms of Service

BookIQ.ai is an online service operated by PairOx Pty Ltd (an Australian company). By accessing or using BookIQ.ai, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions, you may not access or use our services. These terms apply to all visitors, users, and others who access or use the service.

You may only open or use a BookIQ.ai account if both of the following are true:

• you are at least 18 years old; and
• where the account is for a business — which is what BookIQ.ai is for — you are authorised to enter into these Terms on that business’s behalf, and you accept them both for yourself and for it. If you are not authorised, do not accept these Terms; ask someone who is.

By ticking the box at sign-up you are telling us that both of those are true. We do not ask your age and we have no way to verify either statement, so we rely on what you tell us. If we learn that an account holder is under 18, or was not authorised to bind the business they named, we may suspend or close the account under clause 3 and, where the business asks us to, transfer control of it to someone who is authorised.

Where these Terms say “you” and the account is a business account, it means both you personally and the business you accepted for, and both are bound by them — including by Schedule 1. BookIQ.ai is not a service for children; section 1a of our Privacy Policy explains how information about a business’s client who is a child is handled.

BookIQ.ai provides an online platform for appointment scheduling, client management, invoicing, and business operations. We reserve the right to modify or discontinue, temporarily or permanently, the service with or without notice.

When you create an account with us, you must provide accurate, complete, and current information at all times. Failure to do so constitutes a breach of the terms, which may result in immediate termination of your account. You are responsible for safeguarding the password and for all activities that occur under your account.

You agree not to use the service:

• For any unlawful purpose or to solicit others to perform unlawful acts
• To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
• To upload or transmit viruses or any other type of malicious code
• To collect or track the personal information of others without consent
• To interfere with or circumvent the security features of the service

Our Acceptable Use Policy forms part of these Terms. It sets out in detail what you may and may not do with BookIQ.ai, and how the list above applies to the messages you send.

Messages you send to your clients. When BookIQ.ai sends an email, a text message, or a message on a channel you have connected, you are the sender of it and the duties below are yours. You must have the recipient’s consent before you send them a commercial or promotional message, and you must be able to show, for each recipient, how and when you obtained it. You must not send to a list you did not collect yourself from the people on it, including a purchased, rented, harvested or scraped list. You must identify your business in the message and give a way to contact it that stays accurate. You must not send to anyone who has unsubscribed or replied STOP, and you must not remove or route around the unsubscribe we put in the message. Those duties come from the Spam Act 2003 (Cth) and from the equivalent law of the place you are sending to; nothing we do on your behalf moves them to us, and breaching them breaches these Terms.

Parts of BookIQ.ai carry content that you create rather than content we wrote. In these Terms, your content means anything you post, upload or send through the service — including reviews and the replies a business posts to them, messages in the in-app inbox between a business and its clients, a business profile, service listings, portfolio photos, notes recorded against an appointment, and profile pictures and attachments.

You keep ownership of your content. So that we can run the service, you grant BookIQ.ai a non-exclusive, worldwide, royalty-free licence to host, store, back up, reproduce, reformat and display your content, and to show it to the people the product shows it to — a review appears against the business it is about, a message is delivered to the other party in that conversation. That licence exists only so that we can operate and provide the service. We do not sell your content, we do not use it in our own advertising, and we publish it only where the product itself publishes it or where you choose to share it.

The licence lasts for as long as we host the content. When you delete a piece of content, or delete your account, it ends for that content — with three exceptions: copies held in routine backups until those are cycled out; records the law requires us to keep; and content you uploaded on behalf of a business that goes on using BookIQ.ai after your account is deleted. Deleting your account does not delete the business, so its logo and banner, its service, portfolio and directory images, the documents attached to its records and its e-invoices stay with the business and we go on hosting and displaying them for it — including publicly, where the business publishes them. The business can delete any of them from inside BookIQ.ai. Our Privacy Policy sets out how long we keep things and how to have them erased.

You are responsible for your content. By posting it you confirm that:

• you own it, or otherwise have the right to post it, and it infringes nobody's copyright, trade mark or other rights;
• it is accurate and not misleading — a review must describe a real experience with the business it names;
• where it contains someone else's personal information — a client's name and phone number, a note recorded against their appointment, a photograph of them — you have a lawful basis to hold it and to put it into the service; and
• it does not breach clause 4 or the list immediately below.

Content that is not allowed. In addition to clause 4, you must not post content that is or contains spam or a scam, harassment or bullying, hate speech, sexual content, violence or threats, information you know to be false, or the promotion of illegal activity. These are the same categories the in-app reporting tool offers, so that what you may report and what you agree not to post are one list.

Reporting and blocking. In the BookIQ.ai mobile apps, every surface that carries someone else's content — reviews, service listings and each message thread — has a Report control on it. You pick a reason from the list above, add detail if you want to, and can block the person at the same time. A block is applied when content is read, so from the moment you block someone their reviews and their messages to you stop being shown to you. Safety & support in the app lists everyone you have blocked, lets you unblock them, shows the status of every report you have filed, and carries our contact details. If you are using the website, or cannot reach those controls, email support@bookiq.ai.

What happens to a report. Reviews are screened automatically as they are written, against a list of terms we maintain; a review that matches is flagged and is not published. A review reported by three different people is taken out of public view straight away, before anyone here has looked at it. Reported reviews, service listings, business profiles and portfolio photos are queued for a person to decide on, and we aim to review reports within 24 hours. We may remove or hide content, restrict a feature, or suspend or terminate an account under clause 3.

We do not check content before it is posted. Apart from the automatic screening of reviews described above, content is not reviewed before it appears, and nothing in this clause obliges us to review it. We are not the author of your content and we do not endorse it. Where you deal with a business through BookIQ.ai, your agreement about the service being booked is with that business, not with us.

Where we hold and handle personal information about your clients because you use BookIQ.ai, you decide what is collected and why, and we act on your behalf. Our Data Processing Agreement forms part of these Terms and sets out what we do with that information: the instructions we act on, the security measures we apply, the sub-processors we use, what happens if there is a data breach, how we help you answer a request from one of your clients, and how to get a copy of that information or have it erased. Information about you and your own account is a different matter and is covered by our Privacy Policy.

Some parts of the service are billed on a subscription basis. All payments are processed securely through Stripe. The full detail is in our Refund & Cancellation Policy, which forms part of these Terms. In summary:

• Free trial. Paid plans start with a 14-day free trial. We do not ask for a credit card to start it and you are not charged during it. If you do not subscribe, your account stays on the Free plan.
• Billing in advance and auto-renewal. Paid plans are billed in advance for the period you choose, and renew automatically — monthly plans each month, annual plans each year — to the payment method on file, until you cancel.
• Cancellation. You may cancel at any time from your account settings or by emailing support@bookiq.ai. Cancellation stops the next charge; your plan stays active until the end of the period you have already paid for, after which your account moves to the Free plan.
• Annual plans — 30-day money-back guarantee. If you are on an annual plan, tell us within 30 days of your first annual charge and we will refund that payment in full, no reason required. The guarantee covers the initial annual charge for a business, once per account; later renewals are not covered by it.
• Monthly plans. Monthly plans are not covered by that voluntary 30-day guarantee, and we do not refund a month already started as a matter of our own policy. This does not affect your rights under the Australian Consumer Law, which apply on every plan — see clause 6a.
• Price changes. We will give you at least 30 days' notice by email before any increase in the price of your plan takes effect. If you do not wish to continue at the new price, you may cancel before it applies.

BookIQ.ai sends SMS (text) messages on behalf of the businesses that use our platform. The program delivers appointment reminders, booking notifications, and account alerts. Optional marketing or promotional messages are sent only where you have given separate, explicit consent for marketing.

By providing your mobile phone number and opting in (for example, by checking the SMS consent box on a booking or sign-up form, or by giving consent directly to a business that uses BookIQ.ai), you agree to receive these messages at the number you provided. Consent is not a condition of booking or of purchasing any goods or services.

• Message & data rates may apply. Charges are billed by your mobile carrier.
• Message frequency varies depending on your bookings and account activity.
• Reply STOP to any message to opt out at any time. You may receive one final message confirming your opt-out.
• Reply HELP for help, or contact us at support@bookiq.ai.

Mobile carriers are not liable for delayed or undelivered messages. For details on how phone numbers and SMS consent records are collected, used, and protected, see our Privacy Policy.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded. Clause 6a sets those rights out. The limitation below applies only to the extent the law permits.

Subject to that, and to the maximum extent permitted by law, neither BookIQ.ai nor its directors, employees, partners, agents, suppliers, or affiliates will be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the service.

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

These consumer guarantees can apply to business customers as well as to individuals — generally where the supply costs less than AU$100,000, or is of a kind ordinarily acquired for personal, domestic or household use. BookIQ.ai subscriptions sit well under that threshold.

The 30-day money-back guarantee on annual plans described in clause 5 is a voluntary commercial guarantee we choose to offer. It operates in addition to, and does not limit, replace or exclude, the rights and remedies above. Where clause 5 or our Refund & Cancellation Policy says we do not refund something, that is our commercial position only and it never displaces a remedy the law gives you.

This clause is subject in every respect to clause 6a. It does not exclude, restrict or modify any consumer guarantee or other right that cannot lawfully be excluded, and where it would, it does not apply.

Subject to that, and to the maximum extent the law permits, BookIQ.ai is provided “as is” and “as available”. We do not warrant that the service will be uninterrupted, timely, secure or free of errors, that every defect will be corrected, or that it will meet your particular requirements. We do not warrant the accuracy or completeness of anything you, your staff or your clients enter into it, of a suggestion or draft produced by the AI features, or of anything supplied by a third-party service you choose to connect under clause 5 or Schedule 1 — including a payment provider, a calendar, an accounting package or a messaging channel. Any warranty, condition or term that would otherwise be implied by statute, common law or trade usage is excluded to the extent it can lawfully be excluded, and no further.

This Schedule applies when you use BookIQ.ai to take money from your own clients — a deposit, an invoice or a booking payment. It forms part of these Terms. You accept it when you connect a payment account to BookIQ.ai, and again each time you take a payment through it. It does not apply to your own BookIQ.ai subscription: that is clause 5 and the Refund & Cancellation Policy.

S1.1 You are the seller. You sell your own services to your own clients. You are the seller and the merchant of record for every payment you take through BookIQ.ai, the contract for the service booked is between you and your client, and your own cancellation and refund terms govern it. We are not a party to that contract, we do not sell your services, and we are not your agent for the sale. Your client’s card statement carries the trading name held on your own connected account, which we set from your business name when that account is created; where the account carries no statement descriptor of its own, Stripe falls back to ours, so keep your business name and your Stripe details current. It is your responsibility to give your clients your own terms, your own cancellation and refund policy, and any receipt or tax invoice they are entitled to.

S1.2 Stripe processes the money, not us. Payments are processed by Stripe. To take them you open a Stripe Express connected account through BookIQ.ai, and Stripe presents you with its own Connected Account Agreement during that process, which you accept directly with Stripe. Stripe decides whether to accept you, what identity and business information you must provide, and when and how your money reaches your bank; those are Stripe’s decisions under Stripe’s terms, not ours. Payments are created on BookIQ.ai’s Stripe account and transferred to yours, and Stripe then pays out from your account to your bank on its own rolling schedule. If your agreement with Stripe and this Schedule ever conflict about your relationship with Stripe, Stripe’s agreement governs that relationship.

S1.3 What we charge on those payments. Today we take no percentage and no per-transaction fee out of the money you take from your clients, and Stripe’s processing fee on those payments is met by BookIQ.ai rather than deducted from you. Both of those are commercial choices, not permanent commitments. If we decide to change either, we will give you at least 30 days’ notice by email before it applies — the same notice clause 5 gives for a subscription price change — after which the fee will be deducted from each payment before it reaches you, and you may stop taking payments through BookIQ.ai if you do not want to continue on the new terms.

S1.4 Refunds you give. You decide whether to refund a client, and your own refund terms govern it. When you issue a refund in BookIQ.ai we ask Stripe how the original payment was routed. Where Stripe confirms it settled to your connected account, we reverse the matching transfer, so the money comes back out of your Stripe balance — and, if there is not enough there, out of what Stripe pays you next. Where that confirmation does not come back — Stripe does not answer us, or the original payment cannot be identified — your client is still refunded in full and on time, out of BookIQ.ai’s own Stripe balance, and the transfer is not reversed: the money stays in yours. That is deliberate: your client’s refund does not wait on a lookup between us and Stripe. Which of the two ways a refund went is visible in your own Stripe account, because a reversal is a debit there against the original transfer and where there is no reversal nothing leaves your balance. You are liable in full for the refunds you give, whether or not the reversal happened automatically. Where it did not, we may recover the amount by the same three routes S1.5 gives for a chargeback — by reversing the transfer of those funds, by setting it off against money we hold for you or owe you, or by invoicing you, in which case payment is due within 14 days.

S1.5 Chargebacks, reversals and disputes. If a client’s bank reverses a payment, the disputed amount and Stripe’s dispute fee are debited from BookIQ.ai’s Stripe account first, because the payment was created there. Be in no doubt about where it lands in the end: as between you and us, every chargeback, reversal, fine and dispute fee on a payment you took is yours, together with the reasonable cost of responding to it. We may recover it from you by reversing the transfer of those funds, by setting it off against money we hold for you or owe you, or by invoicing you, in which case payment is due within 14 days. You hold the evidence, so you must help us defend it: at our request you will promptly give us the booking record, the correspondence, the service notes and anything else needed to contest the dispute. We may accept or contest a dispute on your behalf where Stripe asks us rather than you, and we may decide not to contest one — if we do, we will tell you.

S1.6 Prohibited businesses and prohibited activities. Stripe restricts what its network may be used for, and those restrictions flow down to you. Stripe’s Restricted Businesses list forms part of this Schedule, and where it is wider than the list below, it wins. You must not use BookIQ.ai to take payment for, or in connection with:

• anything unlawful where you or your client are, or anything that promotes or facilitates it;
• goods or services that infringe someone else’s copyright, trade mark or other rights, counterfeit or unauthorised goods, or stolen goods;
• adult services, sexual services, escort services or pornography;
• drugs, drug paraphernalia, substances marketed as legal highs, and prescription medicines supplied without a valid prescription;
• weapons, ammunition, explosives, and parts or accessories for them;
• gambling, betting, lotteries, sweepstakes, contests of chance and games of skill played for money or anything of value;
• money transmission, currency exchange, cash advances, cryptocurrency purchase or trading, debt collection, credit repair, and buying or selling debt;
• multi-level marketing, pyramid or matrix schemes, get-rich-quick offers, and services sold without adding real value;
• human trafficking, exploitation, or trade in protected wildlife or their products;
• a regulated activity you are not licensed or registered to carry on — including medical, health, financial, immigration and legal services where a licence is required; and
• collecting donations or charitable contributions where you are not the entity entitled to collect them.

This is a prohibition, not a preference: taking payment for anything above is a breach of these Terms and we may close your account for it under clause 3, as well as exercising S1.7. If your business changes so that any of the above starts to apply to you, tell us before you take another payment.

S1.7 When we may pause payments or payouts. We may stop new payments being taken through your account, pause the release of money to you, or ask Stripe to hold or return funds — without notice where the reason requires it — if: we reasonably suspect fraud, or a breach of this Schedule, of Stripe’s terms or of the law; your refund or chargeback rate is high enough to put our own Stripe account or our other customers at risk; Stripe restricts, suspends or closes your connected account, or asks us to hold funds; or we are required to by a law, a regulator, a card scheme or a bank. We will tell you the reason as soon as we reasonably can, and we will release what we are holding once the reason has gone. Money we hold this way is not money we have taken: it remains yours, less anything owed under S1.4 and S1.5.

S1.8 Tax on what you sell is yours. Any GST, VAT, sales tax or other tax on the services you sell is yours to work out, charge and remit. BookIQ.ai does not calculate, collect or remit tax on the payments you take from your clients, and any tax figure the product shows on your own invoices comes from settings you entered. Tax on your own BookIQ.ai subscription is a separate matter and is shown to you at checkout.

S1.9 What we do not promise about payments. Subject to clause 6a, and in addition to clause 6b, we do not warrant that a payment will succeed, that Stripe will accept you or keep your connected account open, that a payout will arrive by any particular date, or that a dispute will be resolved in your favour. Those outcomes rest with Stripe, the card schemes and the banks, and they are not ours to promise.

S1.10 Indemnity. You indemnify BookIQ.ai and PairOx Pty Ltd against any loss, liability, cost or expense (including reasonable legal costs, and any amount charged to us by Stripe, a card scheme or a bank) that we incur because of: a refund, chargeback, reversal, fine or penalty on a payment you took; your breach of this Schedule, of Stripe’s terms or of the law in connection with taking payments; a claim by your client about the services you sold, how you cancelled or refunded them, or how you handled their information; or your use of BookIQ.ai to take payment for anything in S1.6. This indemnity does not apply to the extent the loss was caused by our own breach of these Terms, our negligence or our wilful misconduct, and it never applies to anything the Australian Consumer Law or another law says cannot be excluded — clause 6a stands over the whole of this Schedule. Our own liability to you in connection with this Schedule is limited as set out in clauses 6 and 6a.

S1.11 It outlives the account. If your BookIQ.ai account ends, or you disconnect your payment account, this Schedule goes on applying to every payment you already took through it — including a refund, chargeback or dispute that arrives afterwards — and S1.4, S1.5 and S1.10 survive.

We reserve the right, at our sole discretion, to modify or replace these terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

These Terms are governed by the laws of the State of New South Wales, Australia, and the laws of the Commonwealth of Australia applicable there, without regard to its conflict-of-laws principles. You agree to submit to the exclusive jurisdiction of the courts located in New South Wales for the resolution of any disputes.

If you have any questions about these Terms, please contact us at legal@bookiq.ai.