Last update:
April 6th 2025
OverBooked LTD
Terms and Conditions Version 1.2 Last Updated: 6th April 2025
These Terms and Conditions ("Agreement") constitute a binding contract between OverBooked.ai ("OverBooked") and the merchant entity ("Client") that enters into the Sales Order (defined below).
Definitions "Sales Order" means: (a) the offline sales order form into which this Agreement is attached or incorporated and which is executed by both parties ("Offline Form"); or (b) the OverBooked online sales web form, which is submitted by the Client ("Online Form"). References to the "Agreement" include the Sales Order. "Service" means OverBooked's proprietary lead management and AI-powered multi-channel communication software-as-a-service platform. "Client Content" means any content uploaded or transmitted by the Client through the Service. "Personal Data" means any information relating to an identified or identifiable natural person. "Feature" means any module, tool, functionality, or feature of the Service, including AI assistant, SMS, VOIP, and calendar integration.
"Service" means OverBooked's proprietary lead management and AI-powered multi-channel communication software-as-a-service platform, including but not limited to VOIP-based services, SMS messaging, call handling, integrations (e.g., Google Calendar, Facebook), and in-app payment solutions via platforms like Apple App Store and Google Play.
Acceptance of Terms By entering into the Sales Order or by otherwise accessing or using the Service, Client acknowledges that it has read, understood, and agrees to be bound by this Agreement, including any supplemental terms and policies referenced herein.
Changes to Terms OverBooked reserves the right to update these terms at any time by posting the updated version at https://www.overbooked.ai/terms-and-conditions. Changes will be effective ten (10) days after posting. Continued use of the Service constitutes acceptance of such changes.
Account Management Clients must register for an account to access the Service. The Client is responsible for maintaining the confidentiality and security of its account credentials and for all activities under its account. OverBooked assumes no liability for any unauthorized activity on the Client's account.
Subscription Rights and Restrictions OverBooked grants the Client a limited, non-exclusive, non-transferable license to access and use the Service for its internal business purposes, subject to the terms and conditions of this Agreement and the corresponding Sales Order. Restrictions: The Client shall not:
Copy, modify, distribute, or reverse engineer the Service.
Use the Service to store or transmit malicious code.
Use the Service in a manner that violates applicable laws or regulations.
Client Content The Client is solely responsible for all Client Content uploaded to the Service and must ensure compliance with applicable laws. OverBooked is not liable for any Client Content.
Data Backup The Service is not intended for data storage or archiving. The Client is responsible for maintaining and backing up all Client Content.
Fees and Payment The Client agrees to pay all fees specified in the Sales Order. Fees are non-cancelable and non-refundable. Payment terms are based on the subscription term specified in the Sales Order. Payment Terms: Fees are due in advance and are payable in US Dollars. For Clients using in-app purchases via app marketplaces (e.g., Google Play or Apple App Store), payments are subject to the respective marketplace's payment processing and refund policies.
Third-Party Products and Services The Service may incorporate or integrate with third-party products and services, including but not limited to OpenAI API, Yelp, Angi's List, Google Calendar, Facebook, and other similar services. By using these third-party services, the Client agrees to comply with their terms and conditions. OverBooked is not responsible for the performance or reliability of these third-party services.
Provision of Website As part of the Service, OverBooked provides the Client with a branded subdomain website. This website includes a GPT-like prompt that knows the Client’s business details, services provided, radius of operation, calendar, and price list. This subdomain is published in Google Ads and Yelp with the appropriate keywords and headlines to help the Client manage their lead generation and conversion cycle effectively.
Use of Connected Channels Clients can connect the Service to various channels such as Yelp and Angi's List. The Client is responsible for ensuring compliance with the terms and conditions of these channels. OverBooked facilitates the integration but does not control the Client’s activities on these third-party platforms.
VOIP and Communication Services OverBooked offers VOIP-based services, including multi-channel AI assistants that respond to SMS and calls. These services allow Clients to receive, manage, and respond to customer inquiries using an AI-driven interface.
VOIP Number Ownership: For Clients enrolled in a paid VOIP plan, the dedicated VOIP number assigned will belong to the Client. Upon cancellation or termination, the Client may request number porting subject to third-party carrier capabilities and applicable regulations.
Call and SMS Handling: The AI assistant may autonomously handle inbound and outbound communications across voice and SMS. Clients are responsible for ensuring their use of these features complies with applicable communication laws, including consent, recording, and spam prevention.
Limitations: VOIP services are subject to availability, quality of internet connectivity, and carrier network coverage.
Disclaimers and Limitation of Liability The Service is provided "as is" without warranties of any kind. OverBooked disclaims all warranties, express or implied. OverBooked is not liable for any indirect, incidental, or consequential damages arising out of or in connection with the use of the Service. The Client's total liability is limited to the fees paid to OverBooked in the three months preceding the event causing the liability.
Indemnification The Client agrees to indemnify and hold harmless OverBooked from any claims, damages, or losses arising from the Client's use of the Service or breach of this Agreement.
Term and Termination This Agreement commences on the effective date specified in the Sales Order and continues for the subscription term specified. Either party may terminate this Agreement with thirty (30) days written notice. OverBooked may terminate the Agreement immediately for cause. Upon termination, the Client will cease all use of the Service, and OverBooked will delete the Client's content.
Governing Law and Dispute Resolution This Agreement is governed by the laws of the State of California. Any disputes arising from this Agreement will be resolved in the courts of San Diego County, California.
General Provisions
Entire Agreement: This Agreement constitutes the entire agreement between OverBooked and the Client, superseding all prior agreements.
Assignment: OverBooked may assign this Agreement without the Client's consent. The Client may not assign this Agreement without OverBooked's prior written consent.
Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
Notices: Notices to OverBooked should be sent to info@overbooked.ai. Notices to the Client will be sent to the email address provided in the Sales Order.
Usage of Google Calendar OverBooked integrates with Google Calendar to enhance scheduling capabilities for both the Client and their customers. The Client agrees to comply with Google’s terms of service. OverBooked is not responsible for any issues arising from the use of Google Calendar integration.
Usage of Facebook OverBooked allows Clients to integrate with Facebook for lead generation and marketing purposes. The Client agrees to abide by Facebook’s terms of service when using this feature, and OverBooked is not liable for the performance or compliance of Facebook services.
SMS Opt-In Consent By providing your phone number and opting into SMS communications, you consent to receive text messages from OverBooked, including appointment confirmations, service updates, promotional messages, and other relevant notifications.
Message frequency may vary depending on your interactions with our platform.
Standard messaging and data rates may apply.
You can opt-out at any time by replying STOP. You may receive a final confirmation message.
Cookie Consent OverBooked uses cookies and similar tracking technologies to enhance your experience, analyze site traffic, and provide personalized content. By using our website, you consent to the use of cookies in accordance with this policy.
Subscription and Billing Clients purchasing paid plans agree to a recurring monthly subscription model. Subscriptions automatically renew on a monthly basis unless canceled by either party prior to the renewal date. By subscribing through platforms like Google Play or Apple, the Client agrees to their respective billing terms.
Phone Number Ownership For Clients using VOIP services under a paid plan, the assigned phone number is owned and controlled by the Client. Should the Client cancel or terminate their plan, OverBooked will assist in porting the number where possible.
Fair Usage Limits While OverBooked may offer "unlimited" minutes and "unlimited" texts, these are subject to a fair usage cap of 1,000 minutes and 1,000 SMS messages per user per month. Exceeding this limit may result in service throttling, suspension, or additional fees.
Modifications to Service OverBooked reserves the right to update or modify the Service, including its features, functionality, and integrations, at any time. Continued use of the Service following such changes constitutes acceptance.
Termination Either party may terminate this Agreement at any time with notice. Upon termination, Client access to the Service will cease, and any data retained will be handled in accordance with our Privacy Policy.
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Support & Assistance For help regarding our SMS or VOIP services, reply HELP or contact us at info@overbooked.ai.
By continuing to use our services, you acknowledge and agree to these terms and all included policies. For more details on how we handle your data, please refer to our Privacy Policy.