Terms of Service

These general terms and conditions (the "Terms") apply to a customer's subscription to MakesBooking software and related professional services (the "Services"), provided by Thousand Miles (Solution) Limited ("MakesBooking", "we", "us", "our"). These Terms must be read together with any agreement entered into between the customer and us (the "Customer Agreement"), and form part of the Customer Agreement.

• The customer has the right to use the Services on a non-exclusive, subscription basis during the term of the agreement.
• The customer warrants that the information provided to us is true, accurate, and up to date, and shall regularly review and update its account information.
• The customer shall implement appropriate data-security measures to protect its account, including regularly changing passwords, and must not share passwords or accounts with others. The customer is solely responsible for safeguarding its password, and we are not liable for any loss or damage arising from unauthorised access caused by password disclosure.

The customer's usage quotas (for example, the number of bookings per month and number of staff accounts) depend on the subscribed plan, as set out on the "Pricing" page of the MakesBooking website.

• Each plan has a monthly cap on bookings, a cap on staff accounts, and other feature limits.
• When a plan's limits are exceeded, the customer must upgrade to a higher plan to continue using the relevant advanced features.
• All bookings (including those made online and added manually via the back office) count toward the quota.
• Unused quota is non-transferable, non-carryover, and non-refundable.

MakesBooking reserves the right to adjust pricing plans and quotas at any time, and will give existing customers advance notice.

Cancellation by the customer, or breach of these Terms by the customer, will immediately trigger MakesBooking's right to recover all unpaid amounts (including taxes) under the Customer Agreement, and MakesBooking may retain all amounts already received to offset the amount owed. The customer agrees that this section constitutes a reasonable pre-estimate of damages, and not a penalty.

The customer agrees to indemnify and hold MakesBooking (and its directors, employees, agents, and others) harmless from and against any third-party claims, actions, or liabilities (including reasonable legal fees) arising from a breach of these Terms/the Customer Agreement or from a breach of any law in the customer's use of the Services, except where such claims arise from MakesBooking's wilful misconduct or gross negligence.

We are not liable for any indirect, incidental, or consequential damages (including loss of revenue, business, or profits). To the maximum extent permitted by law, our maximum liability for each subscription period is limited to the total service fees paid by the customer.

All information provided by MakesBooking in connection with the Customer Agreement and the Services (including customer lists and booking data) is confidential, is for the customer's use only, and must not be passed on to third parties.

"Confidential Information" means information that is marked confidential or that would reasonably be regarded as confidential (excluding information that is public, previously held, or lawfully provided by a third party). Both parties agree to protect Confidential Information and not to disclose or use it without authorisation (MakesBooking may disclose it to its affiliates or necessary vendors).

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

The customer must not disclose MakesBooking's proprietary information, reverse-engineer it, copy it, or use it for competitive purposes.

The customer grants MakesBooking a royalty-free, perpetual, non-exclusive, non-transferable, and irrevocable licence to use the customer's intellectual property (including brand, trademarks, and promotional images) to perform its obligations under the agreement and for marketing purposes (unless the customer revokes this in writing). The customer warrants that such use does not infringe any third party's rights.

The customer also grants us the right to use data generated through use of the Services for analytics and business operations. Such data will be handled in accordance with the Privacy Policy, and the customer may request its deletion at any time.

The customer must not:

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

• All payments, once made, are non-refundable and non-transferable (except where required by law).
• Subscription fees are charged automatically according to the selected plan (monthly or annual). The customer may cancel the subscription in the back office at any time, and no further charges will apply from the next billing cycle.
• If a subscription payment is overdue, the customer's account will automatically enter a restricted mode until payment is completed, during which paid features will be unavailable.

• Amendments: MakesBooking may amend these Terms from time to time and will notify the customer as soon as reasonably possible. New terms take effect from the date of notice.
• Governing law: This agreement is governed by the laws of Hong Kong, and both parties agree to the exclusive jurisdiction of the Hong Kong courts.
• Entire agreement: The Customer Agreement constitutes the parties' sole agreement.
• Non-assignment: The customer may not assign its rights or obligations without MakesBooking's prior written consent.
• Independent contractors: The parties are independent contractors.
• Severability: Invalid provisions do not affect the remaining provisions.
• Conflict: Where these Terms are inconsistent with the Customer Agreement, the Customer Agreement prevails.
• Electronic signatures: Electronic signatures have the same legal effect.

This document is provided in Chinese and English. If there is any inconsistency or ambiguity between the Chinese and English versions, the English version shall prevail.

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