Terms of Service with AI Booking Chat / Voice
1. Acceptance of Terms
These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and HEAD IN THE CLOUDS HEAD SPA (“Company,” “we,” “our,” or “us”) governing your access to and use of our AI-powered booking agent (the “Service”). By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Service.
2. Description of Service
The Service is an AI-powered booking assistant that helps users find available appointments and schedule services with participating providers. The Service collects your name, phone number, and requested service type to identify availability and facilitate bookings on your behalf. The Service operates through automated conversations via SMS, voice, web chat, or other supported communication channels.
3. Eligibility
You must be at least 18 years of age (or the age of majority in your jurisdiction) to use the Service. By using the Service, you represent and warrant that you meet this eligibility requirement and that you have the legal capacity to enter into these Terms. If you are using the Service on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to these Terms.
4. User Responsibilities
By using the Service, you agree to the following:
Accurate Information: You will provide accurate, current, and complete information, including your name, phone number, and service preferences. You are responsible for any errors or inaccuracies in the information you provide.
Authorized Use: You will use the Service only for its intended purpose of booking services and will not misuse, abuse, or attempt to manipulate the AI booking agent.
Communication Consent: You consent to receiving automated communications from the Service, including booking confirmations, reminders, and updates, via SMS, voice call, or other messaging platforms at the phone number you provide.
Compliance: You will comply with all applicable local, state, national, and international laws and regulations in connection with your use of the Service.
Prohibited Conduct: You will not use the Service to transmit harmful, abusive, threatening, or unlawful content; attempt to gain unauthorized access to the Service or its systems; interfere with or disrupt the Service’s functionality; or use the Service for any fraudulent or deceptive purpose.
5. Booking Terms
5.1 Booking Facilitation
The Service acts as an intermediary to help you schedule appointments with third-party service providers. We do not provide the underlying services (e.g., haircuts, massages, consultations) and are not responsible for the quality, safety, or delivery of those services. Your relationship with the service provider is separate from your relationship with us.
5.2 Availability and Accuracy
While we strive to provide accurate and up-to-date availability information, we do not guarantee that all displayed time slots or service options will be available at the time of booking. Availability is subject to change and is ultimately controlled by the participating service provider.
5.3 Cancellations and Modifications
Cancellation and modification policies are determined by the individual service provider. You are responsible for reviewing and complying with the provider’s cancellation policies. We are not liable for any fees, penalties, or charges imposed by the provider as a result of cancellations, no-shows, or late modifications.
5.4 No-Show Policy
If you fail to attend a scheduled appointment without providing adequate notice as defined by the service provider, the provider may impose no-show fees or restrict future bookings. Repeated no-shows may also result in suspension or termination of your access to the Service.
6. AI Disclaimer
The Service utilizes artificial intelligence to interpret your requests, identify available services, and facilitate bookings. While our AI is designed to be accurate and helpful, it may occasionally misinterpret requests, provide incomplete information, or experience technical errors. You acknowledge and agree that:
No Guarantee of Accuracy: The AI may not always correctly interpret your preferences, service requests, or scheduling needs.
Human Review Available: You may request human assistance at any time if you are unsatisfied with the AI’s response or booking outcome.
Not a Substitute for Professional Advice: The Service does not provide medical, legal, financial, or other professional advice. It is solely a scheduling tool.
7. Fees and Payment
The AI booking agent Service is currently provided free of charge to users. We reserve the right to introduce fees or subscription plans in the future, with advance notice to users. Any payments for the underlying services booked through the Service are made directly to the service provider and are governed by the provider’s own payment terms. We are not responsible for processing payments, issuing refunds, or resolving payment disputes with service providers.
8. Intellectual Property
All content, features, functionality, technology, software, and materials associated with the Service, including but not limited to text, graphics, logos, trademarks, AI models, and underlying code, are the exclusive property of [Your Company Name] or its licensors and are protected by applicable intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Service for its intended purpose. You may not copy, modify, distribute, sell, or lease any part of the Service, nor may you reverse-engineer or attempt to extract the source code of the Service.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, [YOUR COMPANY NAME] AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY.
OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US, IF ANY, FOR ACCESS TO THE SERVICE DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).
10. Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY BOOKINGS MADE THROUGH THE SERVICE WILL BE HONORED BY THE SERVICE PROVIDER.
11. Indemnification
You agree to indemnify, defend, and hold harmless [Your Company Name] and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; or (d) any inaccurate or misleading information you provide through the Service.
12. Termination
We reserve the right to suspend or terminate your access to the Service at any time, with or without cause and with or without notice, including for violations of these Terms or any conduct that we determine, in our sole discretion, to be harmful to the Service, other users, or third parties. You may discontinue your use of the Service at any time. Upon termination, your right to use the Service will immediately cease, and we may delete any data associated with your account in accordance with our Privacy Policy.
13. Dispute Resolution
13.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of [Your State], without regard to its conflict of laws principles.
13.2 Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved through binding arbitration administered by [arbitration body, e.g., the American Arbitration Association] in accordance with its applicable rules. The arbitration shall be conducted in [City, State]. Judgment on the arbitration award may be entered in any court of competent jurisdiction.
13.3 Class Action Waiver
YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
14. Messaging and SMS Terms
By providing your phone number, you agree to receive automated text messages (SMS) and/or voice calls from the Service related to your bookings. Message and data rates may apply depending on your mobile carrier plan. Message frequency varies based on your booking activity. You may opt out of receiving messages at any time by replying STOP to any message. For help, reply HELP or contact us using the information in Section 17. Supported carriers include but are not limited to major U.S. carriers. Carriers are not liable for delayed or undelivered messages.
15. Third-Party Services
The Service may integrate with or rely upon third-party platforms, tools, and service providers. We are not responsible for the availability, accuracy, content, or practices of any third-party services. Your interactions with third-party service providers booked through the Service are solely between you and the provider. We encourage you to review the terms and privacy policies of any third-party services you interact with.
16. Modifications to Terms
We reserve the right to modify these Terms at any time. When we make material changes, we will update the effective date at the top of this document and, where practicable, provide notice through the Service or via SMS. Your continued use of the Service after any modifications constitutes your acceptance of the updated Terms. If you do not agree with the modified Terms, you must discontinue your use of the Service.
17. Contact Information
If you have any questions, concerns, or feedback regarding these Terms, please contact us at:
HEAD IN THE CLOUDS HEAD SPA
FINANCE@CLOUDSHEADSPA.COM
18. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent.
19. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and [Your Company Name] with respect to the Service and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written, between you and us regarding the Service.
End of Terms of Service
