Terms of Service

These Terms of Service (the "Terms") govern your subscription to the MakesBooking platform and related services (the "Services"), provided by Codesignx Limited ("MakesBooking", "we", "us", "our").

If you subscribe online, these Terms, the Privacy Policy and the Pricing page are the whole agreement between us. If you have separately signed a written agreement with us (a "Customer Agreement"), these Terms form part of it, and where the two differ the signed agreement prevails.

• If you accept these Terms on behalf of a business, you confirm that you have authority to bind it, and "you" means that business.
• You may use the Services on a non-exclusive, subscription basis for the term of the agreement.
• You warrant that the information you give us is true, accurate and current, and will keep your account information up to date.
• You are responsible for your account's security, including your password. Do not share passwords or accounts. We are not liable for loss arising from unauthorised access caused by disclosure of your password.

What each plan includes is set out on the "Pricing" page of the MakesBooking website, which is the authoritative statement of the current plans.

• Plans are metered on the number of staff accounts. Bookings, classes and customers are not metered — there is no monthly ceiling on them, and a busy month never limits what your customers can book.
• Other feature limits — such as whether classes, memberships or multiple locations are available — depend on the plan.
• We do not bill for usage. Where a plan limit exists — staff accounts, and which features are available — the affected feature is limited until you move to a higher plan; your customers are never turned away because of it.

We may change plans, prices and allowances. Existing subscribers will be told at least 30 days before a change affects their renewal, and may cancel before it takes effect.

A new workspace may be offered a period of free access to a paid plan. We do not ask for payment details to start it, and nothing is charged automatically when it ends — the workspace simply returns to the free plan unless you have subscribed.

You may cancel at any time from the dashboard. Cancellation takes effect at the end of the period you have already paid for: no further charges are made, and the fees for the current period are not refunded.

Cancelling does not by itself delete your data. See “When the Agreement Ends”.

If you breach these Terms we may suspend or terminate your access, after notice where it is reasonable to give it. Amounts already due remain payable. If you are on an annual plan and we terminate for your material breach, the fees for the remainder of that annual term fall due.

Suspension for non-payment is dealt with under “Payment Terms”, and is not a termination.

The Services let you take money from your own customers — deposits, prepayments, class packs, and fees for late cancellation or non-attendance.

• You are the seller. The contract for the service booked is between you and your customer; MakesBooking is not a party to it.
• Payments are processed by Stripe. Depending on how your workspace is configured, they run either through a Stripe account connected to the MakesBooking platform or through your own Stripe account. Card details are held by Stripe, not by us.
• Where your workspace is connected to the MakesBooking platform's Stripe account, you also enter into the Stripe Connected Account Agreement (which incorporates the Stripe Services Agreement) directly with Stripe, and you must comply with it. Where you use your own Stripe account, your own agreement with Stripe applies. Stripe's terms govern the payment itself in either case, and they may change independently of these Terms.
• You set the policy — whether a deposit is taken, how much it is, and what happens on a late cancellation — and you are responsible for telling your customers before they pay. The platform shows the amount to the customer before they confirm.
• Refunds and chargebacks are yours to handle. Where the platform issues a refund automatically — for example when you cancel a booking for which a deposit was taken — it does so because that is the behaviour set out here and in your settings.
• Subscription fees you owe us are separate from the money you take from your customers, and neither is set off against the other.

For the personal data of your own customers that you put into the Services, you are the data user and we are your data processor.

• We process it to provide the Services and on your instructions, not for our own separate purposes.
• We keep it separated from every other merchant's data.
• We use the providers named in the Privacy Policy, and will tell you before adding one that processes your customers' personal data.
• If one of your customers asks us to access, correct or delete their record, we will pass the request to you and help you act on it.
• You are responsible for having the right to give us that data, and for telling your customers what you do with it — including publishing your own privacy notice on your booking page.

Each party may receive information from the other that is confidential.

Your business data — your customer lists, booking records, prices and settings — is yours, and we treat it as your Confidential Information. We use it only to provide the Services and as described in the Privacy Policy and the section above.

Our platform, our documentation, and any pricing not published on our website are our Confidential Information. "Confidential Information" excludes information that is public, that the receiving party already held, or that a third party lawfully provided. Each party will protect the other's Confidential Information and not disclose or use it without authorisation, except to its own staff and providers who need it and are under equivalent obligations.

MakesBooking owns all right, title and interest in the Services and the system, including all modifications and derivative works and all intellectual property rights in them. MakesBooking or its licensors retain all copyrights, trademarks, patents and other rights.

You must not disclose our proprietary information, reverse-engineer or copy the system, or use it for competitive purposes.

You grant us a non-exclusive, royalty-free licence to use your name, logo and images as needed to operate the Services — for example to display them on your booking page. We would also like to name you as a customer and show your booking page in our marketing; you may refuse or withdraw that at any time in writing, and we will stop within 30 days.

We may use data generated through use of the Services in aggregated and de-identified form — a form that identifies neither you, your business, nor any individual — to operate, secure and improve the platform. We do not sell it, and we do not use one merchant's business data for the benefit of a competitor.

You must not:

• Access our systems or data without authorisation;
• Restrict other users from using the Services;
• Post unlawful, defamatory, obscene, threatening or otherwise inappropriate content;
• Distribute spam, viruses or harmful programs.

• Subscription fees are charged in advance for the period you choose, monthly or annually, and renew automatically until cancelled.
• Fees are stated exclusive of any tax that may apply; where tax is payable you are responsible for it.
• Except where the law requires otherwise, fees already paid are not refundable, including where you cancel part-way through a period.
• If a payment fails we will retry and tell you. If it stays unpaid, the account moves to a restricted mode in which paid features are unavailable until payment is made. Your data is not deleted because of non-payment.

On request, while your account is active or after it ends, we will provide your booking and customer records in a machine-readable format.

We delete or anonymise account data as set out in the Privacy Policy. Ask us for a copy before requesting closure — after deletion we cannot produce one.

We aim to keep the Services available at all times, but do not promise uninterrupted service. We may take the platform down for maintenance and will avoid busy periods where we can. We do not currently offer a contractual service level; if you need one, talk to us.

You agree to indemnify and hold MakesBooking (and its directors, employees and agents) harmless from third-party claims, actions or liabilities (including reasonable legal fees) arising from your breach of these Terms or of any law in your use of the Services, except where the claim arises from our wilful misconduct or gross negligence.

Nothing in these Terms excludes liability that cannot lawfully be excluded, including for death or personal injury caused by negligence, or for fraud.

Subject to that, we are not liable for indirect, incidental or consequential loss, including loss of revenue, business or profits. To the maximum extent permitted by law, our total liability in any twelve-month period is limited to the fees you paid us in that period.

• Amendments: we may amend these Terms, and will give at least 30 days' notice of a material change by email or in the dashboard. Continuing to use the Services after it takes effect means you accept it; if you do not, you may cancel.
• Governing law: this agreement is governed by the laws of Hong Kong, and both parties submit to the exclusive jurisdiction of the Hong Kong courts.
• Non-assignment: you may not assign your rights or obligations without our prior written consent.
• Independent contractors: the parties are independent contractors.
• Severability: if a provision is invalid, the rest remains in force.
• Electronic signatures: electronic signatures have the same legal effect as handwritten ones.
• Force majeure: neither party is liable for a failure to perform caused by something beyond its reasonable control, including outages at a provider named in the Privacy Policy. This does not excuse an obligation to pay.
• Survival: the sections on confidentiality, intellectual property, indemnification, limitation of liability, governing law, and any amounts owed, continue after the agreement ends.
• Notices: we give notice by email to your account address, or in the dashboard. You give notice by email to [email protected]. Notice is treated as given on the next business day.
• Waiver: not enforcing a right on one occasion does not waive it.
• Third-party rights: a person who is not a party to this agreement has no right under the Contracts (Rights of Third Parties) Ordinance (Cap. 623) to enforce any of it.

This document is published in English, Traditional Chinese and Simplified Chinese. If there is any inconsistency or ambiguity between the versions, the English version prevails.

If you have any questions about these Terms, please contact [email protected].