Terms of Service

Effective date: May 9, 2026 | Last updated: May 9, 2026 | Version: 1.3

These Terms of Service ("Terms") govern your access to and use of services provided by Stay Bookd, a trade name of 2811940 Alberta Inc. ("we", "us", "our"), a corporation based in Calgary, Alberta, Canada. By using our services, you agree to these Terms. If you do not agree, do not use our services.

1. Services

Stay Bookd provides AI-powered automation services for service businesses, including:

Executive Assistant: An AI assistant trained on your business that handles ongoing operational tasks, communications, and back-office workflows.
Voice Agent: An AI phone receptionist that handles inbound calls, answers questions, books appointments, and sends SMS follow-ups on behalf of your business.
Speed to Lead: An automated lead response system that replies to inbound inquiries from web forms, social media platforms, and other channels on behalf of your business.
Database Reactivation: An automated outreach system that re-engages dormant leads or past customers from your CRM through SMS, email, or other channels, subject to applicable consent requirements.
Bespoke (Custom Solutions): Custom AI integrations and workflow automations built to your specifications. The scope of any Bespoke engagement is defined exclusively by the written statement of work or project agreement. No feature, integration, or deliverable is implied beyond what is explicitly documented in writing.

The specific services delivered to you are defined in your service agreement, onboarding documentation, or invoice. Where you have signed a separate service agreement with us, that agreement governs and supersedes these Terms to the extent of any conflict.

AI model capabilities, accuracy, and availability are subject to change by underlying model providers. We will make reasonable efforts to notify clients of material changes but cannot guarantee consistent AI behavior over time.

Stay Bookd may use qualified contractors to deliver services and remains responsible for their performance under these Terms.

2. Eligibility

You must be at least 18 years of age and operating a business in compliance with all applicable federal, provincial, and local laws in the jurisdictions where you operate. You represent that you have the authority to enter into these Terms on behalf of your organization. Services are provided for business purposes only, and not for personal, family, or household use.

3. Accounts and Access

You are responsible for maintaining the security of any credentials, API keys, or access tokens provided to you or required to operate our services. Notify us immediately at info@staybookd.ca if you believe your account has been compromised.

You may not resell, white-label, or sublicense access to our services to third parties without a separate written reseller agreement. This clause does not restrict your use of our services to serve your own end-customers in the normal course of your business.

If a required third-party platform account (Meta or other third-party platform providers) is suspended or terminated by that platform, we are not obligated to deliver affected services until access is restored, and service fees continue to accrue during such periods.

4. Acceptable Use

You agree not to use our services to:

Send unsolicited commercial electronic messages to individuals who have not provided valid consent under CASL
Impersonate a human to a caller who sincerely asks whether they are speaking to a person
Violate any applicable law, including CASL, telemarketing regulations, or consumer protection laws
Collect or process personal information in violation of Alberta PIPA, PIPEDA, or other applicable privacy law
Interfere with, damage, or disrupt our systems or infrastructure
Use our services for any illegal, harmful, or fraudulent purpose

You are responsible for ensuring that all outbound communications made on your behalf comply with applicable law. We reserve the right to suspend or terminate services for violations of this section.

Without our prior written approval and a signed addendum, you will not deploy our services in regulated contexts including healthcare or PHI handling, financial advice, legal advice, insurance recommendations, or any context requiring HIPAA, PHIPA, or equivalent regulatory compliance.

5. Your Responsibilities

You are responsible for:

Providing accurate business information, configuration, and content required to operate the services
Ensuring that your end-customers and contacts have provided valid consent to be contacted by automated systems as required by CASL, PIPEDA, Alberta PIPA, or other applicable law
All legally required disclosures to your end-customers, including disclosure that calls may be recorded, that they may be interacting with an AI system, and any other consent mechanisms required by applicable law. We are not your legal counsel and do not advise on your specific disclosure obligations.
Call recording disclosures: you are solely responsible for ensuring all required disclosures are made to callers that their call may be recorded, and for complying with all applicable federal and provincial laws governing call recording in the jurisdictions where you operate. We provide recording as a technical feature; we do not advise on your recording disclosure obligations.
Determining the level of human oversight appropriate for your business when using AI-generated outputs. You acknowledge that AI systems may produce errors, hallucinations, or incorrect information, and that reliance on AI outputs is at your sole risk.
Any third-party platform accounts connected to our services (Meta Business and other third-party platforms used to deliver the services)

6. CASL Compliance

For any commercial electronic message (SMS, email) sent through our platform on your behalf, you are solely responsible for:

Obtaining and documenting valid express or implied consent under CASL prior to sending
Maintaining consent records for a minimum of three years
Providing a functioning unsubscribe mechanism in every message
Honoring unsubscribe requests within 10 business days

We do not monitor your consent records and make no representations about whether your specific communications comply with CASL. CASL fines can reach $10,000,000 CAD per violation. Your indemnification obligations under Section 15 cover regulatory fines or penalties arising from your failure to comply with CASL.

7. Meta Platform Integrations

Where you connect a Meta Business account (Facebook Page, Instagram account) to our services, you authorize us to access and act on data from those accounts as permitted by Meta's Platform Terms. You remain responsible for compliance with Meta's terms and policies, including obtaining any required permissions from your own customers before their data is processed.

We access Meta platform data solely to deliver the services you have requested. We do not use this data for advertising or any purpose beyond service delivery. Meta's Platform Terms govern the permitted scope of API access. We make no representations that our integration will remain compliant with Meta's terms as they evolve, and we are not liable for service interruptions caused by Meta platform policy changes, API deprecations, or account restrictions imposed by Meta.

Where we process personal information on your behalf in connection with Meta integrations, we act as a service provider under your instructions. You are the organization responsible for that personal information under applicable Canadian privacy law.

8. AI Regulatory Compliance

AI regulation is evolving at federal and provincial levels in Canada. We do not represent that our services comply with any specific industry-level AI regulation applicable to your business, including healthcare, financial services, insurance, or other regulated industries. You are responsible for determining whether our services are appropriate for use in your regulated industry and for obtaining any required regulatory approvals for AI-assisted customer interactions.

9. Subprocessors

We use third-party service providers (subprocessors) to deliver our services, including AI model providers, telephony providers, cloud hosting providers, and communication platforms. By using our services, you consent to the processing of your data and your customers' data by such subprocessors as necessary to deliver the services. A current list of material subprocessors is available in our Privacy Policy and on request.

10. Fees and Payment

Fees for our services are as agreed in your service agreement or invoice. All fees are in Canadian dollars (CAD) unless otherwise specified.

Payment is due as specified in your agreement. Fees unpaid after 30 days from invoice date bear interest at 2% per month (equivalent to 26.82% per annum, calculated and compounded monthly), or the maximum rate permitted by law, whichever is less. Late payments may result in service suspension.

All fees paid are non-refundable unless otherwise agreed in writing. You agree not to initiate chargebacks or payment disputes without first contacting us at info@staybookd.ca and allowing us 15 business days to resolve the dispute. Initiating a chargeback without doing so is a material breach of these Terms. We reserve the right to recover chargeback fees, collection costs, and reasonable legal fees incurred.

Pricing may be adjusted annually with 60 days written notice. Mid-term increases require client consent except for pass-through cost increases from third-party providers, which we may pass through with 30 days notice.

11. Intellectual Property

We retain all intellectual property rights in our software, systems, AI models, and service infrastructure. Nothing in these Terms transfers ownership of our technology to you.

You retain ownership of your business data, customer data, and content you provide to us. You grant us a limited, non-exclusive license to use your data solely to: (a) deliver the services to you; (b) maintain, debug, and operate our systems; and (c) generate anonymized, aggregated, non-identifiable analytics. We do not knowingly submit your personal information or your customers' personal information to third-party AI providers for training of general-purpose models, and we configure subprocessors to disable training on client data where such configuration is offered. We may use aggregated, anonymized, and non-identifiable data derived from our services to monitor performance, improve our systems, train and improve our own service-specific models, and develop new features. Outputs generated by the services on your behalf (transcripts, drafted communications, summaries) are your data subject to the license grants above.

Custom work product built specifically for you under a Bespoke (Custom Solutions) engagement: if no individual agreement exists or if an individual agreement is silent on intellectual property ownership, all custom work product remains the intellectual property of Stay Bookd, and you receive a perpetual, non-exclusive license to use the deliverables for your internal business purposes.

If you provide us with feedback, reviews, or testimonials, you grant us a perpetual, royalty-free license to use such feedback for marketing and promotional purposes. We will request your permission before using your business name or logo in any case study or public testimonial.

12. Confidentiality

Each party agrees to keep confidential any non-public information received from the other party in connection with these Terms and not to use such information for any purpose outside the scope of the services. Confidentiality obligations survive termination of these Terms for three (3) years, except that obligations with respect to trade secrets continue indefinitely.

Disclosure is permitted to the extent required by law, regulation, or court order, provided the disclosing party gives prompt written notice to the other party (to the extent permitted by law) and cooperates with any efforts to seek a protective order.

13. Disclaimer of Warranties

Our services are provided "as is" and "as available" without warranties of any kind, express or implied. We make no warranty that AI-generated responses, voice agent interactions, or automated communications will be accurate, complete, appropriate for any specific purpose, or legally compliant for your industry. AI systems may produce errors, hallucinations, or outdated information. You are solely responsible for reviewing AI outputs, maintaining appropriate human oversight, and ensuring responses are suitable for your business context before relying on them operationally. We expressly disclaim any warranty of fitness for a particular purpose, including any regulated industry use case.

We do not warrant continuous availability of services that depend on third-party platforms, including Meta and other third-party platform providers. Downtime caused by third-party platform failures does not constitute a breach of our service obligations.

14. Limitation of Liability

To the maximum extent permitted by applicable law, Stay Bookd's total aggregate liability to you for any claim arising out of or related to these Terms or our services is limited to the greater of: (a) CAD $5,000; or (b) the fees actually paid by you to us in the twelve (12) months preceding the event giving rise to the claim.

Nothing in this section limits liability for: (a) fraud or fraudulent misrepresentation; (b) gross negligence or willful misconduct; (c) breach of confidentiality obligations under Section 12; or (d) liability that cannot be limited under applicable law.

We are not liable for any indirect, incidental, special, consequential, or punitive damages, including lost revenue, lost profits, or loss of data, even if advised of the possibility of such damages.

We are not liable for the acts or omissions of third-party service providers, including Meta Platforms, telephony providers, AI providers, or payment processors, even where those services are integral to the delivery of our own services.

Where a separate signed service agreement exists, the liability cap amount in that agreement governs in place of the cap above. All other limitations in this section (carve-outs, indirect damages exclusion, third-party act exclusion) continue to apply unless expressly overridden in writing.

15. Indemnification

You agree to indemnify and hold harmless Stay Bookd, its founders, employees, and contractors from any claims, damages, costs (including reasonable legal fees on a solicitor-client basis), fines, penalties, and regulatory costs arising from: (a) your use of our services in violation of these Terms; (b) your violation of applicable law including CASL, PIPEDA, or Alberta PIPA; or (c) any dispute between you and your own customers or regulators related to communications made on your behalf, including any fines or penalties imposed on Stay Bookd arising from your use of the services.

Your indemnification obligations do not extend to claims arising from Stay Bookd's gross negligence, willful misconduct, or fraud. Stay Bookd will: (a) promptly notify you of any claim subject to indemnification; (b) allow you to control defense with counsel reasonably acceptable to Stay Bookd; and (c) reasonably cooperate in defense. You may not settle any claim that imposes obligations on Stay Bookd without Stay Bookd's prior written consent.

16. Data Breach Notification

In the event of a security incident that compromises personal information we process on your behalf, we will notify you as soon as feasible after determining the breach has occurred (and, in any event, within 72 hours of confirmation where commercially reasonable) and provide sufficient information for you to meet your obligations under applicable privacy law, including Alberta PIPA and PIPEDA s.10.1. You are responsible for notifying your own end-customers and the relevant regulatory authorities as required by law.

17. Force Majeure

We are not liable for delays or failures in performance caused by events beyond our reasonable control, including but not limited to: third-party platform outages, cyberattacks on our infrastructure or dependencies, internet or telecommunications failures, acts of God, governmental actions, or changes in applicable law. We will notify you of such events as soon as reasonably practicable and resume service when the cause is resolved.

18. Term and Termination

These Terms remain in effect for the duration of your use of our services. Either party may terminate the service relationship with 30 days written notice unless otherwise specified in your agreement.

We may suspend or terminate your access immediately if you violate these Terms, fail to pay fees, or if continued service creates legal or reputational risk for us — including but not limited to: client engaging in conduct that creates material legal exposure for Stay Bookd or its subprocessors; client's use of the services becoming subject to regulatory investigation; or client's public conduct creating reasonable concern that continued association poses brand harm. In the event of immediate termination for cause, any fees paid in advance for undelivered services are non-refundable.

Upon termination, we will maintain your data in an exportable format for 30 days, after which we may delete client data from active systems. Backup retention follows our standard retention schedule (see our Privacy Policy). It is your responsibility to export your data within this window. We are not liable for data loss after this period.

19. Non-Solicitation

During the term of these Terms and for 12 months after termination, neither party will solicit for employment any employee or contractor of the other party who has been materially involved in the services. This restriction does not apply to: (a) general public job postings or recruiter outreach not specifically targeted at the individual; (b) employees who initiate contact independently; or (c) employees terminated by their employer.

20. Dispute Resolution

Prior to initiating any legal proceeding, the parties agree to attempt to resolve any dispute through good-faith negotiation for a period of 30 days from written notice of the dispute. If unresolved, the parties may seek mediation before a mutually agreed mediator in Calgary, Alberta, before resorting to litigation. Notwithstanding the foregoing, either party may seek injunctive relief or commence collection proceedings for undisputed unpaid invoices without first engaging in mediation.

21. Governing Law

These Terms are governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein. Any disputes not resolved through negotiation or mediation shall be resolved in the courts of Calgary, Alberta.

22. Changes to These Terms

We will notify existing clients of material changes by email or in-product notice with at least 30 days notice. Changes required by law may take effect immediately. Continued use of our services after the effective date of changes constitutes acceptance. Changes to pricing are governed by Section 10.

23. Assignment

You may not assign or transfer these Terms or any rights under them without our prior written consent. We may assign these Terms to a successor in connection with a merger, acquisition, or sale of substantially all assets, with notice to you.

24. Severability

If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of these Terms continues in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to be enforceable while preserving the parties' original intent.

25. Entire Agreement

These Terms, together with any signed service agreement, statement of work, or addendum, constitute the entire agreement between you and Stay Bookd regarding the services and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written, on the subject matter.

26. Notices

Notices to Stay Bookd must be sent to info@staybookd.ca and are effective on confirmed receipt. Notices to you may be sent to the email address on file for your account and are effective 24 hours after sending.

27. Contact

Questions about these Terms:

Stay Bookd
Calgary, Alberta, Canada
info@staybookd.ca
staybookd.ca

Stay Bookd is a trade name of 2811940 Alberta Inc., a corporation incorporated under the laws of Alberta, Canada.