Bookairy Terms and Conditions and Data Processing Agreement

Version: 1.1  |  Date: 08 - 05 - 2026

This document sets out the agreements between Bookairy and the customer using Bookairy’s services. This document consists of:

1. Part I: Terms and Conditions
2. Part II: Data Processing Agreement
3. Annexes: personal data, security and subprocessors

Part I: Terms and Conditions

Definitions

In these Terms and Conditions, the following terms have the meanings set out below:

Bookairy
Bookairy, operated by Ghekko Development, established at Willem Buytewechstraat 187 C, 3024 XH Rotterdam, the Netherlands, registered with the Dutch Chamber of Commerce under number 70485437, establishment number 000028452003, VAT number NL858338543B01, provider of the Bookairy platform. Contact: .

Customer
Any natural person or legal entity that enters into, intends to enter into or has entered into an agreement with Bookairy, including users of a trial account.

End Customer
A customer, client, patient, participant, guest or other person who books, purchases, communicates with or otherwise interacts with the Customer through the Platform.

Services
All services offered by or on behalf of Bookairy, including SaaS services, mobile apps, desktop applications, online booking functionality, calendar, customer management, staff management, POS, payments, notifications, reporting, support and other services.

SaaS Services
The Software-as-a-Service services made available by Bookairy via the internet and related functionality.

Other Services
All services provided by or on behalf of Bookairy that do not directly fall under the SaaS Services, including support, onboarding, configuration, consultancy or additional services.

Platform
The web application, mobile applications, desktop applications, APIs, public booking pages, websites and related software of Bookairy.

Agreement
Any agreement or legal relationship between Bookairy and the Customer relating to the provision of Services.

Fee
All amounts payable by the Customer to Bookairy for the use of the Services.

Business Day
Monday through Friday, excluding official public holidays in the Netherlands.

1. Applicability, formation and term

1. These Terms and Conditions apply to all offers, agreements and services of Bookairy.
2. The Customer’s general terms and conditions are expressly excluded.
3. Deviations from these Terms and Conditions are valid only if agreed in writing.
4. The Agreement is formed when the Customer registers online, creates an account, subscribes to a plan or uses the Services.
5. If a subscription is entered into for a fixed term, it cannot be terminated early unless otherwise agreed in writing.
6. If not terminated in time, the Agreement may be tacitly renewed for the same period.
7. For an Agreement for an indefinite period, a notice period of one month applies unless otherwise agreed in writing.

2. Trial account

1. Bookairy may offer a free trial account.
2. The trial period is thirty (30) days by default, unless stated otherwise.
3. No payment or payment method is required for a trial account unless stated otherwise.
4. After the trial period, Bookairy may restrict or terminate access.
5. Bookairy may delete data from a trial account after the trial period unless the Customer enters into a paid subscription in time.
6. During a public beta, preview release or trial period, features may be incomplete, changed, rate-limited or discontinued. The Customer uses beta functionality at its own risk and should not rely on beta functionality for business-critical processes without appropriate checks and backups.
7. Unless expressly stated otherwise, public beta access, trial access, credits, discounts and promotional periods do not create a right to continued free access or to a specific future price.

3. Services

1. Bookairy provides a SaaS platform for, among other things, online bookings, calendar and scheduling management, customer management, staff management, services, events, products, POS, invoicing, deposits, online payments, notifications, reporting, business management and multilingual booking flows.
2. The Services are provided on an “as is” and “as available” basis.
3. Bookairy may modify, replace, expand, restrict or remove functionality.
4. Bookairy may temporarily interrupt access for maintenance, updates, security or incidents.
5. Bookairy will announce scheduled maintenance in advance where reasonably possible.
6. Use of the Services is at the Customer’s own expense and risk.

4. Fees and payment

1. The Customer owes the agreed periodic Fee.
2. All prices are exclusive of VAT and other statutory levies unless stated otherwise.
3. Invoices must be paid within fourteen (14) days of the invoice date unless otherwise agreed.
4. The Customer may not suspend or set off payments.
5. Subscriptions renew automatically for the same billing period unless the Customer cancels before the renewal date or unless otherwise agreed in writing.
6. If direct debit, card payment or another recurring payment method is enabled, the Customer authorizes Bookairy or its payment provider to charge recurring fees, taxes and usage-based charges when due.
7. The Customer can cancel renewal through the account, by support request or by another cancellation method made available by Bookairy. Cancellation prevents future renewal but does not automatically refund the current billing period.
8. Fees already paid are non-refundable unless mandatory law requires otherwise, Bookairy materially fails to provide the paid Services and does not remedy this within a reasonable period after written notice, or Bookairy explicitly agrees to a refund.
9. Usage-based costs, payment provider costs, SMS costs, chargebacks, app-store costs, third-party fees and one-off onboarding or configuration fees are not refundable unless Bookairy states otherwise.
10. Bookairy may adjust rates once per contract year.
11. In the event of a price increase, the Customer will be informed at least one month in advance. If the increase applies to an existing paid subscription and is not required by law, taxes, third-party costs or inflation/indexation, the Customer may cancel before the increase takes effect.
12. In the event of late payment, Bookairy may restrict or suspend access, charge statutory commercial interest, charge collection costs and/or terminate the Agreement.

5. Customer obligations

1. The Customer provides accurate, current and complete information.
2. The Customer is responsible for account security, strong passwords, proper use of roles and permissions, compliance with laws and regulations, content published through Bookairy, correct prices, services, terms and translations.
3. The Customer remains solely responsible for its own customer data, business records, tax records, accounting, sector-specific obligations, consumer information, consent management, cancellation terms, medical or wellness intake obligations and other legal obligations that apply to the Customer's business.
4. The Customer must not enter sensitive personal data, including health, treatment or wellness data, unless it has a valid legal basis, informs End Customers properly and has configured the Platform appropriately for that processing.
5. The Customer may not use Bookairy for illegal activities, misleading or fraudulent services, spam, distribution of malware, phishing, scraping, infringement of third-party rights, unlawful discrimination, harassment, sale of prohibited products or services, activities prohibited by payment providers, excessive load, security testing without permission, attempts to bypass limits or access to systems or data without authorization.
6. The Customer indemnifies Bookairy against third-party claims arising from the Customer’s use of the Services.

6. Bookairy obligations

1. Bookairy will use reasonable efforts to provide the Services with due care.
2. Bookairy aims for availability 24 hours a day, 7 days a week.
3. Bookairy does not guarantee that the Services will always be error-free, secure or uninterrupted.
4. Bookairy is not liable for failures of third parties such as hosting providers, payment providers, email providers, app stores, Cloudflare, DeepL or external integrations.
5. Unless a separate service level agreement is agreed in writing, availability targets, response times and resolution times are best-effort targets and do not create a right to service credits or compensation.
6. Support is provided on Business Days on a reasonable and fair-use basis. Bookairy aims to respond to critical production incidents within one (1) Business Day and to other support requests within two (2) Business Days, but response and resolution times may vary depending on severity, complexity, third-party dependencies and beta status.
7. Fair use means normal use for the Customer's own business. Bookairy may limit, throttle, suspend or require a higher plan for use that creates excessive load, disproportionately high support demand, unusually high message volumes, automated scraping, bulk imports, abusive booking traffic or other usage that harms the Platform, other customers or third parties.

7. Bookings, customers and business relationship

1. Bookings made through Bookairy constitute an agreement between the Customer and its end customer.
2. Bookairy is not a party to agreements between the Customer and end customers.
3. The Customer is responsible for cancellation terms, no-show policies, deposits, refunds, prices, availability, performance of services and complaints from end customers.
4. Bookairy is not liable for disputes between the Customer and end customers.
5. If the Customer manages multiple businesses, locations, franchises, contractors or connected companies through Bookairy, the Customer is responsible for ensuring that each connected business may lawfully use the Platform, process its own customer data and comply with its own legal, tax, professional and consumer obligations.
6. Connected businesses, staff members and contractors act under the Customer's responsibility unless they have entered into their own separate agreement with Bookairy.

8. Payments, POS and external payment providers

1. Bookairy may facilitate online payments, deposits, POS payments and invoicing.
2. Payments are processed by external payment providers, such as Mollie or other future providers.
3. If the Customer activates a payment provider, the Customer enters into a direct contractual relationship with that payment provider.
4. The terms of the relevant payment provider apply.
5. The Customer is responsible for correct onboarding, KYC/identification procedures, refunds, chargebacks, prohibited products or services, compliance with payment rules and any POS equipment.
6. Bookairy is not liable for errors, outages, delays, blocks or decisions of payment providers.

9. Integrations and third parties

1. Bookairy may offer integrations with external services, including Google Calendar, Apple Calendar, Mollie, MailerSend, Firebase, Google Cloud, Cloudflare, DeepL, app stores, notification and email services.
2. External services may apply their own terms.
3. Bookairy is not responsible for the availability, operation, changes, security or decisions of external services.
4. Cloudflare may be used for DNS, security, caching, network protection, DDoS protection, firewall functionality, performance improvement and network traffic analysis.
5. If the Customer uses automatic translations via DeepL or another translation service, entered texts may be transmitted to that external service provider to generate translations.
6. The Customer is responsible for the content of texts submitted to translation services and must avoid entering unnecessary or sensitive personal data into texts that are automatically translated.

10. Confidentiality

1. Parties shall keep confidential information confidential.
2. Personal data is always considered confidential.
3. Confidentiality remains in force after termination of the Agreement.

11. Personal data and GDPR

1. When using Bookairy, personal data of, among others, the Customer’s clients, staff and users is processed.
2. The Customer is the controller.
3. Bookairy is the processor insofar as it processes personal data on behalf of the Customer.
4. The Data Processing Agreement in Part II applies.
5. The Customer remains responsible for lawful processing of personal data.

12. Intellectual property

1. All rights to Bookairy, the software, source code, designs, documentation, database structure, trademarks, trade names and functionality remain the property of Bookairy or its licensors.
2. The Customer receives only a non-exclusive, non-transferable right of use for the duration of the Agreement.
3. The Customer may not copy, reverse engineer, resell, rent out or make Bookairy available to third parties outside normal use.
4. The Customer remains the owner of its own data and content.

13. Liability

1. Bookairy is only liable for direct damage demonstrably resulting from an attributable failure by Bookairy.
2. Direct damage means only reasonable costs to determine the cause and extent of damage, reasonable costs to have the performance comply with the Agreement and reasonable costs to limit damage.
3. Bookairy is not liable for indirect damage, consequential damage, loss of profit, loss of revenue, loss of customers, reputational damage, data loss, business interruption, missed savings, damage caused by third parties or damage caused by improper use.
4. Bookairy’s total liability is limited to the amount paid by the Customer to Bookairy in the six (6) months preceding the event causing the damage, with a maximum of €20,000.
5. A right to compensation arises only if the Customer informs Bookairy in writing within thirty (30) days after discovery.
6. This limitation does not apply in case of intent or deliberate recklessness by Bookairy.

14. Force majeure

Bookairy is not liable in the event of force majeure, including internet outages, hosting outages, cyberattacks, failures at Firebase, Google, Cloudflare, Mollie, DeepL or other third parties, government measures, natural disasters, war, strikes, pandemics, app store blocks or review delays.

15. Termination

1. Either Party may terminate the Agreement immediately if the other Party is declared bankrupt, applies for suspension of payment, is dissolved or materially breaches the Agreement and fails to remedy such breach.
2. After termination, provisions on confidentiality, intellectual property, liability, payment and personal data remain in force.
3. Bookairy may delete data after termination unless statutory retention periods or the Data Processing Agreement provide otherwise.
4. The Customer is responsible for exporting data before termination where export functionality is available. Bookairy may provide a reasonable post-termination export period, but is not required to retain data indefinitely.

15A. Business details

16. SMS, email, push and notifications

1. Bookairy may offer notifications via email, push messages, SMS or other channels.
2. Additional costs may apply to some notifications.
3. The Customer is responsible for obtaining consent from end customers for commercial or transactional messages.
4. Bookairy is not liable for delays, blocking or spam filtering by external communication providers.

17. Multilingual functionality and automatic translations

1. Bookairy supports multilingual content and booking flows.
2. The Customer is responsible for correct translations and content.
3. Bookairy may offer automatic translation functionality through external translation services such as DeepL.
4. Automatic translations may contain errors. The Customer is responsible for reviewing and correcting automatically generated translations.
5. Bookairy is not liable for errors, misunderstandings, damages or claims arising from incorrect translations or content entered by the Customer.

18. Changes

1. Bookairy may change these terms.
2. Changes will be communicated at least one month in advance unless a change is necessary due to legislation, security or external obligations.
3. Continued use after the effective date constitutes acceptance.

19. Assignment

Bookairy may transfer rights and obligations under the Agreement to a third party, for example in the event of sale, merger, restructuring or transfer of business activities.

20. Governing law and competent court

1. These terms, the Agreement and the Data Processing Agreement are governed by Dutch law.
2. The Vienna Sales Convention is excluded.
3. Disputes shall be submitted to the competent court in the Netherlands, unless mandatory law provides otherwise.

Part II: Data Processing Agreement

Considerations

1. Bookairy offers software for, among other things, bookings, calendar, customer management, staff management, payments, POS, forms, communication, translations and reporting.
2. When using Bookairy, personal data is processed on behalf of the Customer.
3. The Customer is the controller within the meaning of Article 4(7) GDPR.
4. Bookairy is the processor within the meaning of Article 4(8) GDPR.
5. This Data Processing Agreement forms an integral part of the Agreement.

Article 1 – Definitions

GDPR: The General Data Protection Regulation.

Personal Data: Any information relating to an identified or identifiable natural person.

Processing: Any operation performed on personal data, including collection, storage, consultation, modification, transmission, erasure or destruction.

Data Subject: The person to whom personal data relates.

Subprocessor: A third party engaged by Bookairy to process personal data on behalf of the Customer.

Article 2 – Processing on behalf of the Customer

1. Bookairy processes personal data only on behalf of the Customer.
2. Bookairy processes personal data only for performance of the Agreement, provision of the Services, security, maintenance, support, translations if activated and legal obligations.
3. Bookairy does not process personal data for its own commercial purposes unless anonymized or aggregated.
4. The Customer warrants that the processing is lawful.
5. The Customer indemnifies Bookairy against claims arising from unlawful instructions or data processing by the Customer.
6. If Bookairy believes that an instruction violates the GDPR, Bookairy will inform the Customer.

Article 3 – Security

1. Bookairy takes appropriate technical and organizational measures to protect personal data.
2. The measures are aligned with the state of the art, the nature of the data, processing risks and security costs.
3. Security measures are included in Annex 2.
4. Bookairy may change security measures if the level of security is not materially reduced.

Article 4 – Confidentiality

1. Bookairy ensures that employees and engaged third parties observe confidentiality.
2. Persons with access to personal data receive access only where necessary.
3. Confidentiality remains in force after termination of the Agreement.

Article 5 – Transfers outside the EEA

1. Transfers of personal data outside the European Economic Area take place only if permitted under the GDPR.
2. Where necessary, Bookairy uses appropriate safeguards, such as Standard Contractual Clauses or an equivalent mechanism.

Article 6 – Subprocessors

1. The Customer authorizes Bookairy to engage subprocessors.
2. An overview of subprocessors is included in Annex 3.
3. Bookairy ensures that subprocessors are subject to obligations comparable to those in this Data Processing Agreement.
4. Bookairy will inform the Customer of changes to subprocessors.
5. The Customer may object with reasons within five (5) business days.

Article 7 – Data breaches

1. If Bookairy becomes aware of a data breach, Bookairy will inform the Customer without undue delay.
2. Bookairy will provide, where available, information about the nature of the breach, categories of personal data involved, likely consequences and measures taken or proposed.
3. Bookairy will reasonably cooperate with the Customer’s obligations towards supervisory authorities and data subjects.
4. The Customer remains responsible for any notifications to supervisory authorities or data subjects.

Article 8 – Rights of data subjects

1. Bookairy will reasonably assist the Customer with data subject requests, such as access, rectification, erasure, restriction, portability and objection.
2. If a data subject contacts Bookairy directly, Bookairy will forward the request to the Customer unless legally required otherwise.
3. Bookairy may charge reasonable costs for assistance.

Article 9 – Audits

1. Bookairy will provide information reasonably necessary to demonstrate compliance with this Data Processing Agreement.
2. The Customer may have an audit conducted no more than once per calendar year.
3. An audit must be announced in writing in advance, take place during office hours, cause minimal disruption to Bookairy’s business operations, be conducted by an independent expert and be at the Customer’s expense.
4. An audit will only take place if existing documentation or reports provide insufficient insight.

Article 10 – Termination and deletion

1. This Data Processing Agreement applies as long as Bookairy processes personal data on behalf of the Customer.
2. After termination, Bookairy will delete personal data or make it available for export unless statutory retention obligations require otherwise.
3. Backups may temporarily remain until removed according to the regular backup cycle.
4. Provisions that by their nature should survive termination remain in force.

Annex 1 – Overview of personal data

Types of personal data

• Name, address, email address and phone number
• Date of birth
• Profile photos and uploaded files
• Customer notes and preferences
• Appointment data and calendar items
• Favorite services and booking history
• Payment statuses and invoice data
• Business data and staff data
• Roles and permissions
• Device and installation data
• App version, notification data, IP addresses and log data
• Completed forms
• Translatable content, such as services, descriptions, booking content and email templates
• Depending on the Customer: health, treatment or intake data

Categories of data subjects

• Customers of the Customer
• Staff of the Customer
• Users of Bookairy
• Contact persons
• End users of public booking pages

Purposes

• Providing Bookairy
• Managing appointments, customers and staff
• Payments and invoicing
• Notifications and communication
• Support and security
• Reporting and synchronization across devices
• Multilingual booking flows and automatic translations if activated
• Compliance with legal obligations

Annex 2 – Security measures

• Encrypted connections via HTTPS/TLS
• Secure hosting infrastructure
• Access control based on roles and permissions
• Restricted access to customer data
• Firebase Authentication or comparable authentication
• Encrypted storage where applicable
• Logging and monitoring
• Security rules for Firestore and Storage
• Separation of business data per companyId
• Periodic updates of application and infrastructure
• Protection through Cloudflare or a comparable security layer
• DNS security, firewall functionality, DDoS protection and network filtering through Cloudflare where applied
• Measures against misuse, bots and unauthorized access
• Backups or recovery mechanisms where available
• Passwords are not stored in readable form
• Support for secure login methods where available
• Internal access restrictions to production data
• Technical measures against XSS, misuse and unauthorized API calls

Annex 3 – Subprocessors

Bookairy may change this list when necessary for the delivery, security or improvement of the Services.