Terms of Service

“Prebookk” is a trade name of Prebookk Inc., a corporation incorporated in Canada (“we”, “us”). Prebookk is software that lets independent service providers (Providers) run a booking page, manage appointments and, optionally, take online payments from their customers (Customers). Our website and services together are the Service.

By using the Service you agree to these Terms and to our Privacy Policy. If you use Prebookk for a business, you confirm that you can bind that business to these Terms.

Eligibility. Providers must be at least 18 and able to form a contract under Canadian law. Customers who book must be at least 18, or be a parent or legal guardian booking on behalf of a minor and agreeing to these Terms for them.

Accounts. Customers don’t need an account. Providers must give accurate, current information, keep their sign-in secure, and tell us promptly if they suspect unauthorized access. You are responsible for activity on your account.

Prebookk provides the technology only. We are not a party to the agreement between a Provider and a Customer for a service, and we are not responsible for the services a Provider delivers.

Providers are solely responsible for the services they offer and their quality, for any licences, permits or insurance their work requires, and for honouring confirmed bookings. A booking is confirmed when the Provider’s booking page or a confirmation message says so. Where a booking requires online payment, it is confirmed once the payment succeeds. A Provider must not charge a Customer more than the price shown for the booking without the Customer’s agreement. If a Provider cancels a booking or can’t deliver the service, the Provider must refund what the Customer paid for it.

Each Provider sets their own cancellation policy. See Cancellations and refunds.

• Plans and prices are shown on our pricing page. We may offer a free trial (currently 14 days, no card required). A trial ends automatically, and we don’t charge you unless you choose a plan.
• Billing. Paid plans renew automatically each month, billed in advance in Canadian dollars plus applicable tax, until you cancel. You can cancel at any time and keep access until the end of the period you have paid for. Add-ons are billed with your plan at the price shown when you add them.
• Text messages. Each plan includes a monthly number of text messages. If you use more, you can buy a pack of texts, or we bill the extra at the rate on the pricing page (currently CA$0.08 per text) on your next invoice. You can choose in your settings to pause texts instead of paying for extra. Email isn’t limited.
• Price changes. We give at least 30 days’ notice by email. A change applies from your next billing period, and you can cancel before it does.
• Failed payments. If a payment fails we may retry it and, if it stays unpaid, suspend your access until it is paid.

Providers can choose to turn on online payments. Payments are processed by Stripe, an independent payment processor, under Stripe’s own terms and privacy policy. Stripe is not our employee, agent or joint venturer, and we aren’t responsible for its acts, omissions, downtime or decisions, including account reviews, holds and verification delays. To receive payouts a Provider must accept Stripe’s connected account terms and complete its verification. Stripe pays out to the Provider’s bank account on its own schedule, which we don’t control.

Fees. Stripe charges its processing fees to the Provider. Prebookk also charges a fee on online payments at the rate shown on our pricing page when the Provider turns payments on. It is collected from each payment before payout. We give 30 days’ notice before changing it.

Refunds and disputes. Refunds go through Stripe to the Customer’s original payment method. Card disputes are handled under Stripe’s rules. The Provider is responsible for disputes and any related fees, and must respond promptly and honestly.

Sales tax. Providers are responsible for charging, collecting and remitting any GST/HST or other tax that applies to their services. Our GST/HST tracking feature summarizes tax collected through online payments, for a Provider’s records and accountant. It is a reporting tool and is not tax advice.

Canadian law requires digital platforms like Prebookk to collect certain identification information from Providers who use payment or listed-price features, such as legal name, address and business number, and to report Provider and transaction information to the Canada Revenue Agency each year. If this applies to your account, we will ask you for the information and you must provide it. By using those features you agree that we may report as the law requires. This is separate from your own obligation to report your income and pay any tax.

Customer information. A Provider may use a Customer’s contact details obtained through Prebookk (name, phone number and email address) only to deliver that booking and to communicate with the Customer about it. A Provider must not use them for their own marketing, add the Customer to a separate list, or contact them outside Prebookk for unrelated purposes unless the Customer has given separate, lawful consent, including any consent CASL requires. Breaking this rule can lead to suspension or termination.

Messages Prebookk sends. We send booking confirmations, reminders and receipts using the messaging providers listed on our sub-processors page. The Prebookk appointment SMS program covers confirmations, reminders and rescheduling updates. Customers choose these texts through a separate, optional, unchecked checkbox when booking. Consent is not required to book or purchase a service. Message frequency varies. Message and data rates may apply. This choice does not authorize marketing texts.

Requested verification codes. Selecting “Text me a code” requests one verification text to access an existing booking. A new request is needed for another code. This request is separate from appointment-message consent and does not subscribe the Customer to appointment updates or marketing. Message and data rates may apply.

SMS support and delivery. Reply HELP for messaging help or contact hello@prebookk.com. Wireless carriers are not liable for delayed or undelivered messages.

SMS program limits. This SMS program does not send marketing, promotional messages or “book again” offers. Appointment-message consent and verification-code requests do not authorize those messages. Providers must not use this program for cold outreach or upload purchased contact lists.

Opting out. Reply STOP to a text, use the unsubscribe link in an email, or email privacy@prebookk.com. Opting out of confirmation and reminder messages for an active booking means the Customer may not receive them for that booking. Prebookk uses a shared SMS sender, so replying STOP may stop texts for appointments with more than one Provider. Reply START to that number to allow texts again; appointment texts still require booking consent.

You agree not to:

• offer illegal services, or use the Service in breach of federal, provincial or municipal law;
• give false, misleading or fraudulent information;
• avoid the fees that apply to online payments made through Prebookk, for example by asking a Customer who booked with online payment to pay you separately;
• harass, threaten or abuse other users;
• send spam or messages that breach CASL;
• scrape, crawl or use automated means to access the Service without our written permission;
• upload malware, or probe, test or attempt to gain unauthorized access to the Service or its systems, except as our security reporting policy allows; or
• infringe anyone’s intellectual property or privacy rights.

The Prebookk name, logo, software and site content belong to us or our licensors and are protected by intellectual property law. You may not use them without our written permission, except as needed to use the Service.

Providers keep ownership of the content they submit, such as profile details, service listings and photos, and confirm they have the right to submit it. They give us a limited, non-exclusive licence to host and display that content to operate the Service.

We work to keep Prebookk available, but it may be interrupted for maintenance or for reasons beyond our control. The Service is provided “as is” and “as available”. To the extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. Nothing in these Terms removes rights you have under consumer-protection law that cannot be waived.

To the fullest extent the law allows, we and our directors, officers, employees and agents are not liable for indirect, incidental, special, consequential or punitive damages, or for lost revenue, data or business, arising from your use of the Service.

Our total liability to you for direct damages is limited to the greater of (a) the fees you paid us in the three months before the event that gave rise to the claim and (b) CA$100. These limits do not apply to liability that cannot be limited or excluded by law, including liability for our gross negligence or wilful misconduct, or obligations under privacy legislation that cannot be waived by contract.

Providers agree to indemnify and hold harmless Prebookk Inc., its affiliates, directors, officers and employees from claims, losses and expenses (including reasonable legal fees) arising from the Provider’s business conduct on the Service, including the services they offer, the content they submit, and their breach of these Terms or of the law.

Customers acting for personal, family or household purposes are bound by this section only to the extent consumer-protection law allows, and never for a claim arising from our own negligence, wilful misconduct or breach of these Terms.

You can stop using Prebookk and delete your account at any time by emailing legal@prebookk.com. We may suspend or end an account if you breach these Terms or engage in fraud, or for other reasons at our discretion, giving notice where reasonable.

When an account ends, its public booking page is deactivated. We keep booking and payment records as the law requires (see section 8 of the Privacy Policy). If we suspend or end a Provider’s account while a Customer has an active, already-paid booking with that Provider, we will take reasonable steps to refund the Customer to the extent the service has not been provided.

We may update these Terms. For material changes we email Providers at least 14 days before they take effect. If you keep using Prebookk after a change takes effect, you accept the updated Terms; if you don’t agree, cancel before it does. Customers are bound by the Terms in effect when they book.

These Terms are governed by the laws of Ontario and the federal laws of Canada that apply there. Courts in Ontario, Canada have non-exclusive jurisdiction over disputes under these Terms, except where the mandatory law of your province of residence requires otherwise.

Nothing in these Terms limits, waives or restricts any right, protection or remedy that cannot be waived under the consumer-protection legislation of your province of residence. For residents of Quebec in particular, nothing in these Terms is intended to require arbitration of a dispute, restrict your access to the courts of Quebec, or displace the application of Quebec law, to the extent required by Quebec’s Consumer Protection Act or the Civil Code of Québec.

Before starting legal proceedings, both sides agree to try to resolve the dispute in good faith for 30 days, without prejudice to any statutory right that cannot be made subject to that step.

These Terms, together with the documents they refer to, are the whole agreement between you and us about the Service. If a provision is found unenforceable, the rest stays in effect. Not enforcing a right is not a waiver of it. We may assign these Terms as part of a merger or sale of our business; you may not assign yours without our consent. We may give notice by email to the address on your account or by posting it on the Service.

Questions about these Terms: legal@prebookk.com

Prebookk Inc.