Terms and Conditions

The following Terms of Service govern the use of Blookd Services, as defined below.

Any users who do not agree with these terms are advised not to use the Services. It is important to note that this agreement includes an arbitration provision that contains a class action waiver.

1. Part I - Terms and Conditions: Definitions and Acceptance of Binding Agreement

Definitions.

The term "Booking Services" refers to the appointment-scheduling services provided by us through the Blookd Application.

The term "Blookd Application" encompasses any mobile, web, or voice software application associated with the Services. It is designed, developed, and made available by us through various platforms such as the iTunes and Google Play stores, as well as third-party services like Amazon Alexa and Google Home.

The term "Blookd Site" represents the website located at http://www.blookd.com, along with all affiliated websites operated by Blookd, its subsidiaries, and related companies.

The term "Commercial Content" denotes content that advertises or promotes a commercial product or service.

A "Customer" refers to any individual or entity who uses the Blookd Application, Books Site, or a Third-Party Platform (as defined in Section 3.8) to schedule appointments, manage appointments, browse health, beauty, and wellness-related content and services, and/or make payments for services rendered. This includes individuals who register directly for the use of the Blookd Application or are added by an SMB (small or medium business) through whom the Customer obtains services.

A "Dispute" encompasses any claim, conflict, controversy, or disagreement between the Parties arising from or related to these Terms (or any Terms, supplement, or amendment contemplated by these Terms). It includes actions in tort, contract, or otherwise, whether in equity or at law. It also covers any alleged breach, including matters regarding the meaning, effect, validity, performance, termination, interpretation, or enforcement of these Terms or any terms contemplated by them.

A "Material Breach" refers to any breach of these Terms that would cause a reasonable person in the position of the non-breaching party to immediately terminate the agreement.

The term "Services" collectively represents all the services offered by us. These include, but are not limited to, (1) the Blookd Site, (2) the Blookd Application, (3) the Payment Services, and (4) any other services or features made available by Blookd through the Blookd Site, Payment Services (as described in Section 4.5), or Blookd Application.

An "SMB" refers to a small or medium business that sells goods, services, or products and uses the Services to enable Customers to book, manage, view, and cancel appointments.

The terms "Terms," "Terms of Use," and/or "Agreement" refer to these terms as stated herein.

The pronouns "us," "we," "our," and/or "Blookd" pertain to Mebooked LLC, 1766 S. Newark Ct., Aurora, CO 80012, and include all designated agents, employees, and subsidiaries within the United States of America for customers based and/or residing in North America. Please note that the entity you provide implied consent to through your use of the Services depends on your place of residence and location of use.

The pronouns "you" and/or "User" indicate the user of the Services, whether as an SMB or Customer.

Agreement to be Bound.

The following Terms of Service, together with the relevant information set out on the Services, including any features and services available, are subject to the Terms of Service set forth below. It is imperative to carefully read these terms as any use of the Services, whether directly through us or via a Third-Party Platform, constitutes an agreement, without acceptance, to be bound thereby by the User. By accessing or using the Services or clicking "accept" or "agree" to this Agreement, you represent: (1) that you are at least eighteen (18) years old (and in some jurisdictions twenty-one (21) years old), (2) are not prohibited by law from accessing or using the Services, (3) you have read, understand, and agree to be bound by this Agreement, and (4) you have the authority to register a SMB and act on its behalf.

These Terms of Service are subject to the Privacy Policy, which also governs your use of the Services. Furthermore, each SMB and Third-Party Platform shall have their own Terms of Service, which bind all Customer/SMB transactions.

The Parties acknowledge and agree that each SMB, Customer, Third-Party Platform, subsidiary, parent, and affiliate of us shall be a third-party beneficiary to the Terms of Service and that such other persons and/or companies shall be entitled to directly enforce and rely upon any provision of these Terms of Service which confers a benefit upon them. No other parties shall be third-party beneficiaries to these Terms of Service. It is important to note that this agreement includes an arbitration provision that contains a class action waiver.

2. Part II - Overall Terms and Conditions: General Provisions and Governing Principles

About Us; Blookd not Vendor; No Endorsement.

Blookd operates as a software-as-a-service platform that enables Users to book, manage, view, and cancel appointments. Additionally, the Blookd platform and its related applications allow Users to browse, view, and review content and potential service providers in the health, wellness, and beauty industries. It is important to note that Blookd does NOT exercise control over: (1) the quality, safety, morality, or legality of any aspect of the services offered by SMBs utilizing our platform; (2) the truth or accuracy of the listings or directory information provided by SMBs; (3) the timeliness or accuracy of SMB appointment calendars; (4) the ability of SMBs to provide the booked services; (5) the identity of any SMB or Customer; or (6) the ability of Customers to make payments for services. We do not guarantee or ensure that a transaction between an SMB and a Customer will be completed. If you rely on any information provided by or through our platform, you do so at your own risk.

Please understand and agree that we do not engage in the sale or purchase of goods or services, nor do we extend invitations, solicitations, offers, or advertisements. UNLESS OTHERWISE SPECIFIED, ALL SALES AND SERVICES ARE ADVERTISED, SOLICITED, OFFERED, ACCEPTED, MADE, AND DELIVERED BY SMBs WITH WHOM CUSTOMERS CONTRACT DIRECTLY. THERE WILL BE NO CUSTOMER-MERCHANT RELATIONSHIP BETWEEN US UNLESS EXPRESSLY STATED. Any solicitation, invitation, offer, advertisement, or communication is void where prohibited by law.

Accuracy, Completeness, and Timeliness of Information.

We cannot be held responsible if the information provided on our platform is inaccurate, incomplete, or not up to date. This includes corporate information of SMBs, calendar availability, and bookings made.

Errors in the Services.

If you encounter any errors while using our services, please inform us at support@blookd.com. We do not guarantee that all errors in the services will be rectified.

Modifications and Changes to Terms of Use.

Blookd reserves the right to update or revise this Agreement (including any Blookd Policies) at its sole discretion and without limitation. Notice of such changes will be provided through postings on the Services and/or by email to registered Users. It is your responsibility to periodically review this Agreement. Acceptance of any modified version of this Agreement is necessary for you to continue using the Services. You may be required to indicate your acceptance by clicking "accept" or "agree." If you do not agree to the terms of this Agreement or any modified version thereof, your only recourse is to terminate your use of the Services, resulting in the loss of access to your Account or SMB Account (as defined below). Unless explicitly stated by Blookd, your use of the Services, such as the Booking Services or the Payment Services, is subject to the version of this Agreement in effect at the time of use.

Modifications and Changes to the Services.

We reserve the right to modify, add, suspend, or delete any aspect of the Services, wholly or partially, at our sole discretion and at any time. Such modifications, additions, or deletions may include changes to offered content, availability hours, or required equipment for access or use. If you do not agree to such modifications to the Services, your only recourse is to terminate your use of the Services, resulting in the loss of access to your Account or SMB Account (as defined below). Unless explicitly stated by Blookd, your use of the Services, such as the Booking Services or the Payment Services, is subject to the version of this Agreement in effect at the time of use.

Access to Web site or the Services.

While we strive to maintain the availability of the Services 24 hours a day, 7 days a week, with the exception of planned maintenance periods, we do not provide a warranty that the Services will be continuously accessible. Your use of the Services necessitates internet access through devices such as computers, mobile devices, tablets, or other internet-accessible devices as permitted by Blookd. You are responsible for any charges imposed by your mobile carrier resulting from your use of the Services, including charges for notifications sent by the Services. Blookd does not guarantee compatibility of the Services with all devices or support from all mobile carriers. JavaScript (or similar technologies) may be required to utilize certain features of the Blookd Site, and disabling JavaScript may render certain features and functionalities of the Services inaccessible, including but not limited to appointment creation, modification, or cancellation.

Right of Refusal, Limitation, Discontinuation, and Termination.

We retain the right to decline access to the Services at our sole and exclusive discretion, without providing a reason, at any time. We may also, at our sole and exclusive discretion, impose limitations or terminate an Account or SMB Account (as defined below) for any reason whatsoever. In the event of a change to or termination of an Account or SMB Account (as defined below), we may attempt to notify you by contacting the email address and/or billing address/phone number provided at the time of Account or SMB Account (as defined below) creation. However, our failure to do so shall not incur any liability, including liability for lost data resulting from the termination of the Account or SMB Account (as defined below).

Prohibited Uses of the Services.

In addition to the restrictions on use outlined in this Agreement, you acknowledge and agree that you shall not utilize the Services: (a) for any unlawful purposes; (b) to solicit Users for unlawful acts or acts unrelated to the purpose(s) of the Services; (c) to violate international, governmental, or local regulations, rules, laws, or ordinances; (d) to infringe upon our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other malicious code that may affect the functionality or operation of the Services; (h) to collect or track personal information of others; (i) to engage in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping; (j) for any obscene or immoral purposes; (k) to interfere with or circumvent the security features of the Services; (l) to impose an unreasonable or disproportionately large load on the Services or Blookd's infrastructure, as determined solely by Blookd; (m) to rent, lease, copy, provide access to, or sublicense any portion of the Services or Blookd Materials (as defined below) to a third party; (n) to use any portion of the Services or Blookd Materials (as defined below) to provide, or incorporate any portion of the Services or Blookd Materials (as defined below) into, any product or service provided to a third party; (o) to reverse engineer, decompile, disassemble, or seek to obtain the source code or non-public APIs to the Services, except as expressly permitted by applicable law (and then only with prior notice to Blookd); (p) to modify any Services or Blookd Materials (as defined below) or create any derivative product from them; (q) You are prohibited from removing or obscuring any proprietary or other notices contained in the Services or Blookd Materials (as defined below) (r) additionally, you are strictly prohibited from publicly disseminating information regarding the performance of the Services or Blookd Materials (as defined below), or accessing or using the Services or Blookd Materials (as defined below) for competitive analysis or benchmarking purposes. Violation of these prohibited uses may result in termination of your use of the Services, at our sole and exclusive discretion.

Communications Systems and Authorization to Contact You; Pop-out Information; Recording Calls; Analyzing Your Messages and other Content.

The Blookd Application may utilize GPS locator capabilities to determine your current location. By providing your mobile phone number, you represent that you are aware and expressly consent to receiving SMS text messages, phone calls, emails, push notifications, in-app communications, and web-based browser technology containing Commercial Content, such as web beacons or other chatbot applications, from Blookd regarding the Services, as described in our Privacy Policy. You may incur charges for these communications based on your carrier contract. Furthermore, by providing your contact information and/or connecting related accounts, you grant Blookd access and consent to communicate with you through voice assistants, such as Siri, Alexa, Google Home, or similar voice services. Blookd may contact you using autodialed or prerecorded calls and text messages at any telephone number you have provided, for the following purposes: (i) account notifications; (ii) troubleshooting account issues; (iii) dispute resolution; (iv) debt collection; (v) infrequent surveys or questionnaires to gather your opinions; or (vi) as necessary to service your account or enforce this Agreement, our policies, applicable law, or any other agreement we may have with you. Blookd may also contact you using autodialed or prerecorded calls and text messages for marketing purposes (e.g., offers and promotions), to which you consent by providing your mobile phone number (as specified above). Blookd may collect additional telephone numbers associated with you and may make manual non-marketing calls to any of those numbers and autodialed non-marketing calls to any landline. Standard telephone minute and text charges, including potential overage fees for exceeding plan limits, may apply.

If you do not wish to receive communications as specified above, you have the option to modify your communication preferences, including withdrawing your consent to receive such communications, at any time. This can be done through the communication preferences section of your account. You may also choose to opt out of receiving SMS communications by sending the word "STOP" to the message you received or to the designated shortcode number. Please be aware that standard message and data rates may apply. Once you send the SMS message "STOP" to us, we will send you an SMS message to confirm your unsubscription. Subsequently, you will no longer receive SMS messages from us. If you wish to rejoin, simply sign up again, and we will resume sending SMS messages to you.

If you encounter any issues with the messaging program, you can reply with the keyword "HELP" for further assistance, or you can directly seek help at support@blookd.com.

Blookd may share your telephone number with its authorized service providers in accordance with our Privacy Policy. These service providers may contact you using autodialed or prerecorded calls and text messages, solely as authorized by Blookd, to fulfill the purposes stated above.

Blookd may, at its sole discretion and without further notice or warning, monitor or record telephone conversations between you or any authorized representative and Blookd or its agents for quality control, training purposes, or for its own protection. Blookd's automated systems scan and analyze the contents of every message transmitted through its messaging platform, including messages exchanged between users, to identify and prevent fraudulent activity or violations of Blookd's User Agreement, including the incorporated terms, notices, rules, and policies. This scanning and analysis may occur before, during, or after the message is sent, or while it is stored, and may result in delays or withholding of messages. Blookd may store message contents for the purpose of conducting such scanning and analysis.

a. Privacy of Others; Marketing.

If Blookd provides you with information about another user, you agree to use the information only for the intended purposes. Disclosure, sale, rental, or distribution of a user's information to a third party for unrelated purposes is strictly prohibited. Furthermore, user information may not be used for marketing purposes, whether electronically or otherwise, without obtaining the specific user's consent.

b. Government End Users.

The Services are considered a "commercial item" as defined in 48 C.F.R. 2.101, pertaining to the use of "commercial computer software" and "commercial computer software documentation" as outlined in 48 C.F.R. 12.212. In accordance with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the Blookd Application with only the rights specified therein. If you are a Government End User, it is advisable to consult your legal department before using the Services to ensure compliance with relevant standards and policies under the Code of Federal Regulations.

c. Export Control.

You may not utilize, export, or re-export any part of the Blookd Application or other aspects of the Services (including any copies or adaptations thereof) in violation of applicable laws, including United States and foreign export regulations. You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

d. Fraudulent Actions of Users.

Blookd shall not be held liable for any losses arising from chargebacks, fraudulent charges, or any other deceptive, fraudulent, or otherwise invalid actions committed by any User ("Fraudulent Actions"). By utilizing the Services, you hereby release Blookd from any liability arising from Fraudulent Actions. Additionally, you agree to make reasonable efforts to promptly inform us of any Fraudulent Actions that may impact the Services. Blookd reserves the right, in its sole discretion, to terminate the account of any User who engages in, or enables any other User to engage in, Fraudulent Actions.

3. Part III – User Registration and Account Management

a. Registration of Online Accounts.

Customers will have the opportunity to create a Customer account ("Account") through online, mobile, voice-activated, or offline registration forms. This will enable you to receive information from us and participate in certain features of the Services. The information you provide will be used in accordance with our Privacy Policy. By registering with us, you affirm that all information provided on the registration form is current, complete, and accurate to the best of your knowledge. You agree to promptly update your registration information to ensure its accuracy. During the registration process, you may be required to choose a password. You acknowledge and agree that we may rely on this password to identify you. You are responsible for all activities carried out through your Account, regardless of whether such access or use was authorized by you, and for ensuring that your Account fully complies with the provisions of these Terms of Use. Accounts can be canceled by contacting support@blookd.com.

b. Prohibition on Transfer.

You agree not to sell, trade, or transfer your Account to any other individual or entity.

c. Guidelines for Account Usage.

The Services may include Interactive Areas where Users and third parties can communicate through profiles, booking forms, platforms, comments sections, discussion forums, websites, landing pages, social media outlets, sales channels, or other interactive features. By participating in these Interactive Areas, you acknowledge and agree to the following:

a. You shall not upload, distribute, or publish any material through the Services that is libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal.

b. You shall not threaten or verbally abuse other Users, engage in disruptive behavior such as repetitive or meaningless messages, or spam.

c. You shall not use language that discriminates or abuses individuals based on race, religion, nationality, gender, sexual preference, age, region, disability, etc. Any form of hate speech will result in immediate and permanent suspension of your use of the Services.

d. You shall not engage in personal attacks against other Users, as it directly violates these Terms of Use and may lead to immediate and permanent suspension of your use of the Services.

e. You shall not use the Interactive Areas to distribute or publish any material that solicits funds or advertises goods or services, except for the authorized sale of goods or services within the scope of the Services' intended purpose.

f. You shall not upload, post, or transmit any content that violates the law or engages in activities that could constitute a criminal offense or civil liability.

g. You shall not post unauthorized commercial communications, such as spam. h. You shall not upload, post, or transmit content that advocates or provides instruction on illegal activities or discusses illegal activities with the intent to commit them.

i. You shall not upload, post, or transmit content that is unrelated to the designated topic or theme of any Interactive Area.

j. You shall not impersonate any person or entity, including our employees, or provide false information.

k. You shall not interfere with another User's right to privacy by collecting personally identifiable information about them or posting private information about a third party; and

n. You shall not engage in unlawful multi-level marketing, including pyramid schemes. m. You shall not upload, post, or transmit any content, software, or other materials that contain viruses or other harmful or disruptive components. n. You shall not interfere with or disrupt the Services, Interactive Areas, servers, or networks connected to them, or violate any requirements, procedures, policies, or regulations of the connected networks. o. You shall not facilitate or encourage any violations of these Terms of Use or any other Blookd policies.

Users acknowledge that any profile they create may be edited, removed, modified, published, transmitted, and displayed by us. They waive any rights they may have regarding alterations or changes to the material that are not agreeable to them.

a. Rights in Submissions.

By submitting, displaying, publishing, or posting any content to an Interactive Area (referred to as "Submissions"), you grant us, our partners, and affiliates a limited, non-exclusive, sublicensable, worldwide, fully-paid, royalty-free license to use, modify, publicly perform, publicly display, reproduce, and distribute such Submissions in any and all media for lawful purposes. This includes hosting, indexing, caching, distributing, tagging, and marketing, without the requirement to make payment or seek permission from you or any third party. You represent and warrant that you own or have a valid license to use the Submissions and have the right to grant the license set forth herein. The displaying, publishing, or posting of any Submissions will not violate the rights of any person or entity.

b. Right to Monitor.

We have the right to monitor your Account in our sole and exclusive discretion.

c. User Verification.

Users may be required to provide a valid mobile phone number and verify it as instructed by us. By providing your mobile phone number, you expressly consent to receive calls and text messages at that number. Users may also need to verify their identities, especially for Payment Services, by providing proof of identity and residence. We are not responsible for the verification or non-verification of a User's identity.

d. Account Settings.

You can establish default settings for your use of the Payment Services through the Blookd Application and change these settings as necessary.

e. Utilization of Booking Services through Third-Party Platforms.

Blookd collaborates with various third-party websites, applications, and services, hereinafter referred to as "Third-Party Platforms," to facilitate the provision of our Booking Services and Payment Services. In line with our Privacy Policy, unless a Customer explicitly opts out by contacting us at support@blookd.com, we reserve the right to communicate with Customers who access or utilize our Booking Services and/or Payment Services via said Third-Party Platforms. Such communication may take place using the email address or phone number provided by the Customer to the respective Third-Party Platform.

4. Part IV – Sales and Payment Terms for Booking Services

a. Appointment Scheduling and Confirmation

Blookd provides Users with Booking Services to facilitate the discovery and scheduling of appointments with various participating SMBs. These services also assist SMBs in efficiently managing their calendars and expanding their customer base. When a Customer submits a request for an SMB appointment through the Blookd Site or Blookd Application, Blookd directly accesses the SMB's computerized appointment database to determine availability. Users acknowledge and understand that Blookd does not independently verify the availability of SMBs and cannot be held responsible for any errors in the SMB's calendar, such as double-bookings or appointments not honored by the SMB. Once a Customer makes an appointment through the Blookd Site or Blookd Application, Blookd will send a confirmation email to both the Customer and the SMB using the email address provided during registration. By utilizing the Booking Services, Users consent to receiving appointment confirmations and reminders via email, SMS, push notifications, or other communication methods employed by Blookd. Blookd will not be liable if an appointment confirmation or reminder fails to reach a User.

b. Policy on Appointment No-Show and Cancellation

Blookd is committed to delivering quality services to both Customers and SMBs. To ensure a consistently high level of service, Customers are expected to make reasonable efforts to cancel any appointments they are unable to honor well in advance. Appointments can be canceled through the Blookd Site, Blookd Application, or by contacting the SMB directly. Certain SMBs may require Customers to provide debit or credit card information to secure an appointment and reserve the SMB's calendar. To utilize the Booking Services for such SMBs, Customers must provide valid debit or credit card details, and a specific amount may be authorized or pre-paid. Customers may also need to comply with the SMB's stated cancellation policy, which will be disclosed at the time of booking. Blookd uses the provided debit or credit card information in accordance with its Privacy Policy and assumes no liability for any charges incurred due to failure to cancel appointments as per the SMB's cancellation policy. Please note that late cancellations or no-shows may result in a cancellation fee, as indicated during the booking process, or forfeiture of the authorized or prepaid amount, constituting a breach of the SMB's stated cancellation policy. Unless specified otherwise, refunds for authorized or pre-paid amounts are solely at the discretion of the SMB. Repeated cancellations or no-shows may lead to the termination of Customer Accounts, at Blookd's sole discretion, if such actions are deemed detrimental to the orderly provision of Booking Services to SMBs and the Blookd community.

c. Guidelines for Usage

Users agree to utilize the Booking Services solely for the purpose of scheduling appointments with SMBs and ensuring their attendance at the appointed time, as well as paying for the booked services. Reselling or attempting to resell appointments is strictly prohibited and may result in the cancellation of appointments or termination of access to the Services, among other consequences.

d. Blookd Payment Services, Terms and Conditions

Blookd may provide Payment Services, which are third-party payment solutions, to enable Customers to make payments for services rendered by participating SMBs through the Books Application. Specifically, Blookd collects and processes payments on behalf of SMBs using Adyen N.V., a reputable professional payment gateway provider. To utilize the Payment Services at a participating SMB, Customers must: (1) install the Books Application on a compatible mobile device; (2) make a reservation for the SMB through the Booking Services; (3) provide valid payment information through the Blookd Application as further described below; and (4) maintain an active and in-good-standing Account. There is no fee charged by Blookd to Customers for using the Payment Services; however, standard text message and data charges from the Customer's mobile carrier may apply. Customers are responsible for any fees imposed by their mobile carrier in connection with their use of the Payment Services and Blookd Application.

e. Pricing and Payment Terms

The prices and payment terms for SMB services are displayed at the time of booking via the Blookd Application. However, SMBs reserve the right to modify or change these fees at their sole discretion. The Blookd Site and Blookd Application support both inclusive and exclusive tax systems. In the former, the prices presented include all applicable sales taxes, while in the latter, such taxes will be added to the final price after the service is rendered. The decision to use either system is at the discretion of the SMB.

f. Payment Card Information

To utilize the Payment Services, Customers must provide account information for at least one valid debit or credit card through the Blookd Application. Blookd handles this account information in accordance with its Privacy Policy. Customers have the ability to add, delete, and edit their debit or credit card account information through the Blookd Application. If Customers provide account information for multiple valid debit or credit cards, they must select which card to use for bill payments.

To ensure the accuracy of the provided payment card information, a temporary $1.00 authorization hold may be placed on the debit or credit card at the time of submission via the Blookd Application. This hold will be removed after verifying the accuracy of the payment card information, typically within a few days. Your payment card will not be charged for this $1.00 authorization. In compliance with applicable laws and subject to our Privacy Policy, you acknowledge and agree that certain third-party vendors and service providers (such as payment gateway providers) may be utilized to process payments and manage debit and credit card information.

By providing debit or credit card account information through the Books Application, you represent, warrant, and covenant that: (1) you are legally authorized to provide such information to us; (2) you are legally authorized to perform payments from the debit or credit card accounts; and (3) such action does not violate the terms and conditions applicable to your use of such debit or credit card accounts or any applicable law. By authorizing a payment using a debit or credit card account via the Blookd Application, you represent, warrant, and covenant that there are sufficient funds or credit available to complete the payment using the respective debit or credit card account. By using the Booking Services, you acknowledge and accept the binding agreement to assume full financial responsibility for all Booking Services scheduled using Blookd or information provided by Blookd.

g. Payment Authorization and Settlement

When you select the Payment Services option through the Blookd Application to settle your bill, you hereby authorize Blookd or the designated payment service provider to charge your debit or credit card for the full amount of the services to be rendered, including any applicable cancellation fees, incurred before or after the scheduled appointment. It is your responsibility to ensure timely payment of all amounts owed to Blookd and SMBs.

h. Receipts and Transaction History

All transaction receipts associated with the Payment Services are accessible in your Account on the Blookd Application and/or Blookd Site. If you require an emailed or printed receipt, you must request one from the SMB during the transaction or service.

i. Incomplete Payments

Blookd shall not be held liable for any incomplete payments resulting from the following circumstances: (1) insufficient funds in your debit or credit card account to complete the transaction, exceeding the credit limit or overdraft protection of the account; (2) provision of incorrect payment account information; (3) expiration of your debit or credit card; or (4) unforeseen circumstances beyond our control (such as power outages, disruptions in cellular service, or external interference) that hinder the transaction process. If payment cannot be collected from your debit or credit card account through the Payment Services, you are solely responsible for settling the respective SMB(s) using alternative means, such as cash, to fulfill the total value of the scheduled and/or provided services.

5. Part V – Gift Card Services

a. SMB(s) may offer Customers the option to use electronic vouchers, known as "Gift Cards," which entitle the Customer or designated individuals to utilize the SMB's Service based on predetermined terms and value specified in advance. The Gift Card may be in the form of an e-mail, PDF document, or other electronic format.

b. The SMB(s) provides the Gift Card option through dedicated functionality within the System. Prior to issuing a Gift Card, the Customer must make the necessary payment. The Customer arranges for the creation of the Gift Card through an external electronic payment provider. Blookd does not handle any information, including personal data, related to payments made for Gift Card purchases.

c. SMB Responsibility

SMB(s) bear sole responsibility for the sale, transfer, and implementation of the Gift Card, as well as ensuring the proper provision of the Service covered by the Gift Card.

d. Payment Operator Commission

No additional commission is charged to the Customer by the payment operator for purchasing a Gift Card.

e. Gift Card Specifications

The SMB specifies the terms and conditions governing the availability and utilization of the Gift Card in the offer content or regulations provided within the System. Specifically, the SMB may outline the following:

a. Applicable Service, scope, or type of SMB Services covered by the Gift Card.

b. Value of the Gift Card denoted in a specific currency.

c. Discounts or additional value provided by the Gift Card (e.g., a $100 Gift Card enables the use of a Service worth $120).

d. Validity period of the Gift Card, indicating the duration during which it can be utilized. e. Whether the Gift Card is personal or transferable.

f. Treatment of unused amounts if the Service is utilized at a lower price than the Gift Card value (e.g., forfeited or retained for future use).

g. Possibility of utilizing a SMB Service with a price exceeding the Gift Card value by making an additional payment.

h. Rules and deadlines for Gift Card returns.

i. Procedures for blocking a lost Gift Card, if applicable.

j. Additional provisions, such as priority booking dates or eligibility for certain promotions.

f. Consumer Protection and Refund

The rules established by the SMB regarding the availability and implementation of the Gift Card shall not exclude or limit universally binding provisions, including those aimed at protecting consumers. Furthermore, the chargeback refund rules specified by relevant regulations of banks or payment card/credit card operators/providers shall also apply. Cash Exchange and SMB Consent

g. The Gift Card cannot be exchanged for cash without the explicit consent of the SMB.

6. Part VI – Terms and Conditions for SMB Services

a. Prohibited Business Activities. In addition to other prohibited uses stated in these Terms of Use, the Blookd Application and Blookd Site shall not be utilized by SMBs for engaging in the sale or promotion of the following unauthorized products or services ("Prohibited Business"):

• Any illegal activities or goods.
• Drugs and tools intended for drug production.
• Pharmacies or pharmacy referral services.
• Betting, including lottery tickets, sports-related gambling, and casinos.
• Insurance or other financial merchandise or services.
• Money transfer services.
• Independent financial adviser services or securities.
• Pyramid selling or multi-level marketing.
• Counterfeit goods and goods infringing on third-party intellectual property rights.
• Adult entertainment products or services.
• Escort or sexual services.
• Sales of firearms, ammunition, weapons, and other devices designed to cause physical injury.
• Internet/mail order/telephone order of age-restricted products (e.g., tobacco, alcohol).
• Hate or harmful products or other products or services promoting or supporting discrimination, violence, or terrorism.
• Sales of products or services in highly-regulated industries.
• Illegal software or illegal downloads, such as music, films, or games.

Violation of this requirement may result in the termination of your account.

b. SMB Accounts, General Terms.

To utilize and benefit from our Services as an SMB, you must create an account through the Blookd Site or Blookd Application ("SMB Account"). By creating your SMB Account, you agree to comply with the Terms of Use and Privacy Policy, and commit to providing Users with the services they have booked with you in accordance with the Terms of Use. Additionally, the terms and restrictions outlined in Sections 3.2 through 3.6 of these Terms for Customer Accounts shall apply equally to SMB Accounts. When registering an SMB Account, you declare that you are authorized to act on behalf of the SMB and must provide accurate, current, and complete information regarding the registered SMB. This information may include Know Your Client (KYC) data, as requested by our payment gateway provider. Please note that our payment gateway provider may reject any SMB failing to meet their internal due diligence procedures. For more information, refer to the terms and conditions of our processor, Adyen N.V., available at https://www.add processor.com. You further agree to promptly update your SMB Account to ensure its accuracy, currency, and completeness. You are solely responsible for maintaining the confidentiality of your SMB Account and the information associated with it. Except as required by applicable law, you are responsible for all activities carried out using your SMB Account, whether or not authorized by you. You agree to immediately notify Blookd of any unauthorized use of your SMB Account or any security breaches related to your use of the Services.

c. Registration and Service Fees.

The registration of an SMB Account may or may not be subject to a fee, depending on the region of the SMB's business activity or the type of services provided. Therefore, you may be required to pay a fee to register your SMB Account ("Registration Fee"). The specific amount of the Registration Fee will depend on the type and location of your SMB. Blookd reserves the right to modify the regions or types of SMBs eligible for reduced or waived Registration Fees at its discretion. Registration Fees shall be transferred using acceptable payment methods as specified by us during registration or as otherwise communicated to the SMB. In addition to the Registration Fee, you agree that a specified fee will be periodically transferred from your designated payment method, on a monthly or semi-annual basis, depending on your arrangement with Blookd, for placing your offers through the Services and maintaining your SMB account ("SMB Subscription Fee"). The first SMB Subscription Fee will be charged at the time of registration

d. Relationship with Third-Party Platforms.

Blookd collaborates with third-party websites, applications, and services (referred to as "Third-Party Platforms") through which our Booking Services and Payment Services may be facilitated. As per our Privacy Policy, unless an SMB chooses to opt-out by contacting us at support@blookd.com, we may automatically create an SMB profile on such Third-Party Platforms using the information provided by the SMB during the creation of a Blookd SMB Account. This information may include, but is not limited to: business name, address, telephone number, email address, hours of operation, availability schedule, offered services, price list, reviews, and photographs. By using the Services, you grant us a license to use and disclose this information to the Third-Party Platforms. Furthermore, you warrant that the information you provide to us does not infringe upon any third-party rights. The use of Third-Party Platforms and the accounts associated with them is subject to their respective privacy policies and is not covered by these Terms or our Privacy Policy.

e. Termination of an SMB Account.

You may cancel your SMB Account by sending us an email at support@blookd.com or by contacting Blookd through the in-app chat. However, please note that we will not refund any fees paid for the period already covered, even if you did not utilize your SMB Account, did not receive bookings, or your offer was not listed in the Services. In the event of account cancellation, we reserve the right to delete your SMB Account from our Services in accordance with our Privacy Policy. Please be aware that canceling your SMB Account with Blookd may not automatically cancel or delete your SMB account on Third-Party Platforms. To cancel or request deletion of such accounts, SMBs should directly contact the respective Third-Party Platform.

f. Compliance with Terms of Sale.

All sales and accepted bookings are binding. SMB acknowledges and agrees that they, and not us, are solely responsible for delivering any and all purchased services to Customers. A contract for sale is formed when a Customer uses the Booking Services to book a service. Every sale is subject to applicable laws, but no implied rights beyond legal rights stated in these Terms shall exist.

g. SMB Warranties; Restrictions.

In addition to the Unauthorized Business and prohibited use of the Services specified in these Terms, SMB warrants that any services provided: (a) are not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise harmful to any third party; (b) have not been identified as hazardous to consumers by the U.S. Consumer Products Safety Commission or any relevant regulations of the SMB's country and, therefore, are not subject to recall; (c) are not counterfeit; (d) do not violate the laws of any country where customers may purchase or receive the services; and (e) do not violate the rules and regulations established by the U.S. Food and Drug Administration (FDA).

Furthermore, SMB warrants that they own all copyrights, trademarks, and other intellectual property rights related to the SMB Account information provided to us or have obtained permission from the intellectual property rights holder: (a) to sell the products in commerce; (b) to receive the proceeds from such sales; and (c) to defend the intellectual property rights associated with the products.

SMB further represents and warrants that they possess all necessary licenses and authorizations required for the performance of these Terms. Upon our request, SMB shall provide sufficient documentary evidence of such authorization or waiver. We are not obligated to request such documentary evidence, and the absence of such a request shall not be construed as a statement regarding the necessity of such authorization or waiver.

Moreover, it is unlawful to use drug paraphernalia slang when referring to products available for sale on the Website.

Any and all government employees, agencies, and agents must disclose their identity upon entering the Blookd Site and when placing orders for products on the Blookd Site.

h. Listing Description.

When listing services available for booking through the Booking Services, SMBs must provide accurate descriptions of the services offered and all terms of sale. The listings may only include relevant text descriptions and content related to the sale of the service, and must be placed in an appropriate category with appropriate tags.

i. Maintenance of Calendar.

SMBs are responsible for maintaining and updating their calendar accurately to reflect the current and correct availability for the Booking Services. Blookd shall not be held liable for any double-bookings or schedule-related errors.

j. Ethical Selling Tactics Required; Communication with Customers.

SMBs must employ ethical selling tactics when promoting their services, refraining from making false or misleading statements about the services or SMB. SMBs expressly agree to conduct themselves in an ethical, moral, and lawful manner at all times. To assist with this, Blookd may, at its sole discretion, impose limits on the types of communications that SMBs can send to Customers, including mass targeted marketing campaigns via SMS text, email, or push notifications. Additionally, SMBs shall not abuse any communication system provided through the Books Application or the Books Site, including the use of auto-responders. SMBs understand that auto-responders may or may not be activated automatically upon registration of an SMB Account, depending on jurisdiction, and can be modified by SMB through their account settings.

k. Compliance with Law.

In addition to other obligations to comply with laws, regulations, and terms outlined herein, SMBs agree to adhere to all local, state, and federal regulations and laws concerning solicitation and sales.

l. Freedom of Promotional Methods.

Notwithstanding the above, SMBs are free to choose the social media platforms and other mediums and sales channels through which they promote their services and use the Services. They also have the freedom to choose their own operational means, methods, locations, and hours.

m. Right of Refusal. SMBs may refuse to accept a booking made through the Booking Services for any reason, as long as such refusal does not violate federal, state, or local laws or any other rule or regulation.

n. Required Policies and Terms of Sale. SMBs must establish and disclose the following policies through their service listings before conducting any transactions via the Services: pre-payment policies, cancellation policies, return policies, payment policies, and any other policies the SMB wishes to set forth. These policies must be reasonable and made in good faith, and SMBs must abide by them. If a policy fails to comply with these Terms of Use or is deemed unreasonable, we may, at our sole discretion, require SMBs to revise the policy.

o. Processing Fees for SMBs. SMBs using our Payment Services will be subject to a fee for processing payments, as determined by the current local pricing (referred to as the "Processing Fee"). For further details, please contact support@blookd.com. The Processing Fee is subject to change without notice at our sole discretion and is non-refundable to SMBs under any circumstances, including instances where SMBs must refund a purchase to a Customer.

p. Chargebacks and Revocations.

In the event that a Customer disputes a transaction, or if the transaction is reversed by the payment network, Blookd's payment gateway provider, the Customer, or their financial institution, or if Blookd has reason to believe that the transaction was unauthorized, unlawful, suspicious, or in violation of these Terms, the amount of the transaction may be reversed or charged back. In such cases, Blookd will withhold the chargeback amount from the amounts payable to the SMB and may recover the chargeback amount, along with any associated fees and fines imposed by a network or processor. Blookd reserves the right to charge a chargeback processing fee. If there are pending chargebacks, Blookd may delay payments and withhold the potential chargeback amount from payments due until a chargeback occurs, the period for customer dispute expires under applicable law, or Blookd determines that a chargeback will not occur. If Blookd is unable to recover funds related to a chargeback for which the SMB is liable, the SMB agrees to promptly pay the full amount of the chargeback upon demand. The SMB also agrees to bear all costs and expenses, including attorneys' fees and legal expenses, incurred by Blookd in collecting unpaid amounts.

If Blookd believes that the SMB may incur excessive chargebacks, it may impose additional conditions on the account, such as new processing fees, establishing a reserve to cover anticipated chargebacks, delaying payouts, or terminating/suspending the Payment Services. Blookd will assist the SMB in investigating transactions processed through the Payment Services upon request, with the SMB bearing the expenses. To facilitate the investigation and/or mediation of a chargeback, Blookd may share information about the chargeback with the Customer, their financial institution, payment processor, payment networks, and the SMB's financial institution. Necessary information will be requested from the SMB to contest the chargeback, and if the chargeback is successfully contested, the reserved funds will be released to the SMB's account. If a chargeback dispute is not resolved in the SMB's favor by the network or issuing bank, or if the SMB chooses not to contest the chargeback, Blookd may recover the chargeback amount and associated fees as described in the terms. The SMB acknowledges that failure to timely assist in investigating a transaction, including providing required documentation within seven (7) calendar days of request, may result in an irreversible chargeback.

q. Withholding of Funds.

If required by law or if we have reasonable grounds to suspect money laundering, Unauthorized Business, fraud, illegal activities, or in the case of other chargebacks or revocations, we reserve the right to withhold funds for services that we deem suspicious.

r. Payouts.

Upon creating an SMB Account, you may designate a deposit account for receiving payments through a secure form. Once funds for the Payment Services are completed and settled, they will be available for withdrawal. For U.S.-based SMBs, payouts will be automatically transferred to the designated deposit account, minus any fees, on a daily basis. For all other SMBs, payouts are generally processed within 2-3 business days, minus any fees, to the designated deposit account.

Except as required by law, you are solely and exclusively responsible for retaining permanent records of all transactions processed through your SMB Account Settings. We are not responsible and assume no liability for any delays in payouts. If you have inquiries regarding the payout schedule for a specific transaction, please refer to your Payment Report or contact Blookd at support@blookd.com. In the event that your payout account has a negative balance, you agree that we have the right to offset any incoming payments against the negative balance. If you fail to bring your account to a positive balance, we may block you from accepting further payments and initiate legal action for collection.

s. Responsibility for Accurate Pay Out Information.

You agree to provide current, complete, and accurate information regarding your deposit account for payouts. You also agree to promptly update your SMB Account and other relevant information, including your address, email address, and bank account details, to ensure the completion of transactions and effective communication with you as necessary.

t. Deposits.

Blookd may require you, as an SMB, to maintain deposits in an escrow account as a provision against chargebacks and refunds. The amount of such deposits will be determined by Blookd.

u. Processing Errors.

We will make efforts to rectify any processing errors that come to our attention. If the error resulted in receiving fewer funds than you were entitled to, we will credit your SMB Account for the difference. In the case of an error resulting in your receipt of more funds than you were entitled to, Blookd will debit the excess funds from your SMB Account or linked bank account. You are obligated to remit the difference to Blookd within thirty (30) calendar days upon demand. We will only correct transactions that you have processed incorrectly if you notify us of the error. Failure to notify us of a processing error within thirty (30) calendar days from when it first appears in your electronic transaction history may be deemed a waiver of your right to claim the owed amounts.

v. Refunds.

By accepting card transactions through the Payment Services, you agree to process returns, provide refunds, and make adjustments for your goods or services in accordance with these Terms. You must disclose your refund or cancellation policy to Customers at the time of purchase or booking, as applicable. Refunds can be issued up to thirty (30) calendar days from the transaction date. The refund/adjustment amount must include any applicable taxes required to be refunded and should not exceed the total amount indicated on the original sales data, except for the exact amount required to reimburse the customer for postage paid to return merchandise. If your refund policy prohibits returns or is unsatisfactory to the Customer, you may still be subject to chargebacks related to such sales. Blookd will process refunds automatically on your behalf using your available balance or deposit amount and shall not be held liable for refunds made in error or in violation of your own policies. If your available balance or deposit amount is insufficient to cover the refund, Blookd will withdraw the requested refund amount and credit it back to your Customer. Additional refunds may be accepted but will only be processed once your account shows a positive balance. A refund processing fee may be charged for each refund. Blookd is not obligated to accept any returns of your goods or services on your behalf, as per the applicable Network Rules. By using the Payment Services, you agree to comply with all relevant bylaws, rules, and regulations set forth by the payment processing networks and ?????? ("Network Rules"). The Network Rules may be amended from time to time. Blookd may need to modify these terms in connection with amendments to the Network Rules. Significant portions of the Network Rules are publicly available at https://visa.com, https://www.mastercard.com, and https://www.americanexpress.com/merchantopguide. In the event of any inconsistency between a Network Rule and these terms, unless otherwise agreed between Blookd and the payment processing networks, the Network Rules shall apply.

w. Right to Set-Off; Collection Rights.

We have the right to set-off any and all claims against the amounts payable to Blookd by the SMB. Furthermore, to the fullest extent permitted by law, we may collect any and all obligations owed by you to us by deducting them from your pending transactions in the deposit account. Fees will be assessed at the time of transaction processing and will be deducted from the received funds. Your failure to pay all amounts due shall constitute an immediate breach of this Agreement for which you will be held liable. Additionally, you agree to pay all fees and costs, including attorneys' fees and costs, incurred by us in relation to the collection of any unpaid obligations by you.

x. Payment of Taxes.

It is your responsibility to determine and handle any taxes assessed, incurred, or required to be collected, paid, or withheld for any reason regarding your use of the Payment Services ("Taxes"). You are solely responsible for collecting, withholding, reporting, and remitting accurate Taxes to the appropriate tax authority. We are not obligated to determine the applicability of Taxes or calculate, collect, report, or remit any Taxes arising from transactions. If you are an SMB based in the United States and in a calendar year you process (i) more than $20,000 in gross payments and (ii) more than Two Hundred (200) payments, Blookd or its payment processor may be legally obligated to report information about you and your use of the Payment Services to the Internal Revenue Service ("IRS"). To determine if you meet the IRS reporting threshold, the gross amount excludes adjustments for credits, cash equivalents, discount amounts, fees, refunded amounts, or any other adjustments. Whether you meet the $20,000 payment threshold or exceed Two Hundred (200) payments will be determined based on the Payment Service information associated with your SMB Account. In order to fulfill our regulatory obligations, before you reach the thresholds, we may require additional information, including a completed IRS Form W9 for U.S.-based SMBs. We have the right to block the Payment Services for an SMB that fails to provide us with the necessary information based on applicable taxation rules and regulations.

y. Additional Products and Services, Generally.

We may occasionally offer additional products and services for purchase by SMBs, such as additional text messages, payment processing hardware and technical support, and lead generation. These additional products and services will be subject to additional service fees, which will be stated at the point of sale and subject to change at our sole discretion. The terms and conditions for such additional products and services will be set forth in a separate agreement between the Customer and Blookd or a Blookd affiliate offering such products and services. If the additional services include lead generation for SMBs, the SMB agrees to pay a commission to Blookd for first-time Customers who utilize the Booking Services. In such a case, Blookd and the SMB will mutually agree on the number of leads generated, with Blookd retaining ultimate authority to determine the same.

z. Transaction History.

You have the ability to access your transaction history through your Account settings at any time. This history may include tracking of commissions and inventory, as well as receiving statistics and reports on the performance of your SMB. While we strive to maintain complete, timely, and accurate transaction history, we do not guarantee that all transaction records will be free from errors. It is recommended that you maintain your own transaction history and financial information and verify it with your corporate accountant. By using the Blookd Application and Blookd Site, you acknowledge that your reliance on any information provided by Blookd is at your own risk. Blookd shall not be held liable for any inaccuracies or incompleteness of such information.

7. Part VII –"Intellectual Property and Privacy: Rights, Protections, and Obligations"

a. Protection of Intellectual Property Rights.

This Agreement pertains to the access and use of the Services, and it does not grant you a license to any software or intellectual property under these Terms of Use. The Services are protected by U.S. and, where applicable, international intellectual property laws. The Services are the property of us or our licensors, and we retain all ownership rights in the Services. Additionally, all materials displayed or transmitted on the Services, including text, photographs, images, illustrations, video clips, audio clips, and graphics (referred to as "Materials"), are owned by us and are protected by U.S. and international copyright, trademarks, service marks, and other proprietary rights, laws, and treaties. Unless expressly permitted, you are prohibited from copying, reproducing, publishing, transmitting, transferring, selling, renting, modifying, creating derivative works from, distributing, reposting, performing, displaying, or commercially exploiting the Materials. Furthermore, you may not infringe upon any of the copyrights or other intellectual property rights contained in the Materials. It is prohibited to remove or alter any copyright, trademark, or other proprietary notices or visual marks and logos from the Materials. You may make a single print copy of any Materials provided by us on the Services solely for personal, non-commercial use, provided that you do not remove any copyright, trademarks, or other proprietary notices or visual marks or logos from the Materials. Without our express written permission, you may not archive or retain any of the Materials accessed on the Services. All requests for archiving, republication, or retention of any part of the Materials must be made in writing to us, clearly stating the purpose and manner of use. Requests for permission to archive, retain, or republish any part of the Materials may be submitted to support@blookd.com. You acquire no rights or licenses in the Materials except for the limited rights to use the Services in accordance with these Terms of Use. Any access or download of the Materials from this site must comply with the specified Terms of Use in this Agreement. We reserve all rights not expressly granted under these Terms of Use.

b. Feedback.

You may have the opportunity to provide reviews, suggestions, ideas, and feedback (collectively referred to as "Feedback"). By providing such Feedback, you grant us exclusive ownership of the Feedback, including, without limitation, the right for us or any designated third party to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify, and adapt the Feedback in any form or media, whether currently known or developed in the future (including streaming, downloading, broadcast, mobile, digital, thumbnail, scanning, or other technologies). All Feedback shall be treated as non-confidential.

If you retain moral rights (including rights of attribution or integrity) in the submitted content, you declare that: (a) you do not require personally-identifying information to be associated with the content or any derivative works, upgrades, or updates thereof; (b) you have no objection to us or our licensees, successors, and assigns using, modifying, deleting, and exploiting the content; (c) you forever waive and agree not to claim or assert any entitlement to moral rights as an author in the content; and (d) you forever release us and our licensees, successors, and assigns from any claims arising from such moral rights. Additionally, you permit other users to access, view, store, or reproduce the content for their personal use.

However, you acknowledge that your Feedback may contain concepts, ideas, materials, proposals, suggestions, and similar elements relating to Blookd or its initiatives (referred to as "Ideas"). Regarding your Ideas, you acknowledge that: (a) we receive numerous submissions from various parties and may have independently developed or considered similar ideas; our review of your Ideas does not imply novelty, priority, or originality; and (b) our use of any similar ideas, whether based on your Feedback or submissions, provided by third parties or independently developed or considered by us, shall be without any obligation to you.

c. Grant of License by User.

By accepting these terms, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) license to exercise the copyright, publicity, and database rights (excluding other rights) that you hold in any content included in any service listing or profile. Furthermore, you consent to the storage, reformatting, and display of your content in any manner we deem appropriate. Please note that we will handle personal information in accordance with our Privacy Policy.

d. Confidential Information of Customers.

In the course of using the Books Application for transactions, small and medium-sized businesses (SMBs) may acquire personal information, including payment information, telephone numbers, and email addresses, from Customers/Users. Such personal information shall only be utilized for the specific transaction or Blookd-related communications and shall be treated with utmost confidentiality in accordance with our Privacy Policy. You are not granted a license to utilize this information for unsolicited commercial messages. Without explicit consent from the Customer, SMBs are prohibited from adding any Customer to an email or physical mailing list. For detailed information, please refer to our Privacy Policy. However, this provision does not apply when an SMB adds its own Customers to the Mobile Application or obtains consent from a Customer to contact them for purposes beyond the transaction and Blookd-related communications.

e. Application License by Blookd.

Subject to the terms and conditions of this Agreement, Blookd hereby grants the User a non-exclusive, non-transferable, and revocable license to utilize the Books Application, in object code form only, on User's compatible devices, including but not limited to mobile devices. This license is granted solely to support the User's authorized use of the Services.

f. DMCA Notice of Infringement.

If you believe that any of the Services infringe upon your copyright, please notify our designated copyright agent in writing. The contact information for our copyright agent is provided at the bottom of this Section 7.6. To enable us to take appropriate action, your notice must include the following: (a) your physical or electronic signature; (b) identification of the copyrighted work you believe is being infringed; (c) identification of the specific item you believe to be infringing and sufficient information to locate it; (d) a means for us to contact you, such as your address, telephone number, or email; (e) a statement affirming in good faith that the identified item is not authorized by the copyright owner, its agent, or the law for use in connection with the Services; and (f) a statement declaring the accuracy of the information in your notice, and that you are authorized, under penalty of perjury, to act on behalf of the copyright owner whose work is being infringed.

The contact details for our copyright agent are as follows: Copyright Enforcement, Mebooked LLC, 1766 S. Newark Ct., Aurora, CO 80012. PLEASE NOTE: We cannot take action unless you provide all the required information.

8. Part VIII – Advertisements, Promotions, Platforms, and Links Provided by Third Parties.

a. Third-Party Advertisements and Promotions.

Occasionally, we may display advertisements and promotions from third parties on the Services. Any interactions, communications, or participation in promotions with these advertisers, excluding us, as well as any associated terms, conditions, warranties, or representations, are solely between you and the respective third party. We are not accountable for any losses or damages incurred as a result of such interactions or the presence of third-party advertisers on the Services.

b. Use of Third-Party Tools and Platforms.

We may grant you access to third-party tools and integrations with Third-Party Platforms, which we neither monitor nor control. Your information may be shared with these third parties as described in our Privacy Policy. You acknowledge and agree that we provide access to these tools "as is" and "as available," without any warranties, representations, or conditions, and without endorsing them.

We bear no liability arising from or relating to your use of optional third-party tools and Third-Party Platforms. Your use of any optional tools offered through the Services is entirely at your own risk and discretion. It is your responsibility to review and approve the terms provided by the relevant third-party provider(s).

Additionally, any new services or features introduced through the Services in the future will also be subject to these Terms of Use.

c. Third-Party Links.

Certain content, products, and services available through our Services may include materials from third parties. Links to third-party websites and/or services that are not affiliated with us may be found on the Services. We do not examine or evaluate the content or accuracy of these third-party materials or websites/services, and we do not provide any warranties or assume any liability or responsibility for them. Any transactions, including purchases or use of goods, services, resources, content, or any other dealings with third parties connected via the Services, are at your own risk. Before engaging in any transaction, please carefully review the policies and practices of the respective third party. If you have any complaints, claims, concerns, or questions regarding third-party products, please contact the third party directly.

9. Part IX –Legal Disclaimers, Liability Limitations, and Indemnification Provisions

a. Disclaimer of Warranty and Limitation of Liability.

You acknowledge and agree that the use of the Services is solely at your own risk. Neither us, our affiliates, nor any of our respective employees, agents, third-party content providers, or licensors make any warranties or guarantees regarding the uninterrupted or error-free nature of the Services. We do not warrant the accuracy, reliability, or content of any information provided through the Services. Any downloadable software, products, or materials are provided on an "as is" basis without warranties of any kind, except those warranties that are implied by law and incapable of exclusion, restriction, or modification under applicable Terms of Use. We do not guarantee the uninterrupted or error-free use of the Services, the review of information or materials for accuracy, or the preservation of any information or materials without loss. We shall not be held liable for delays, interruptions, service failures, or other issues inherent in the use of the internet, electronic communications, or other systems beyond our reasonable control. These disclaimers apply to the maximum extent permitted by law, and any statutory rights you may have are limited accordingly.

To the maximum extent permitted by law, we, our employees, subsidiaries, parents, agents, partners, third-party content providers, affiliates, vendors, and respective directors and officers shall not be liable for any injuries, losses, claims, or direct damages, including special, exemplary, punitive, incidental, or consequential damages arising from or in any way connected with:

• This Agreement;
• Your use of the Services, hardware, accessories, materials, or user content;
• Any failure or delay, including the use or inability to use any component of the booking services or payment services;
• Your visit to any SMB or the performance, non-performance, conduct, or policies of any SMB or Customer in connection with the Services.

Furthermore, you acknowledge and agree that any third party directing you to the Blookd site, whether by referral, link, or any other means, is not liable to you for any reason whatsoever. Blookd is not an agent of, nor associated with, any SMB for which a Customer has made a reservation or paid a bill using the Payment Services. We disclaim any and all liability for unauthorized access to or use of your personally identifiable information. By using the Services, you acknowledge and agree to our disclaimer of such liability. If you do not agree, you should not access or use the Services. Some jurisdictions may not allow the limitation or exclusion of liability for incidental or consequential damages, so certain limitations may not apply to you. The above limitations shall survive these Terms and benefit us, our affiliates, and respective directors, officers, employees, and agents. You and Blookd understand and agree that these disclaimers, exclusions, and limitations are essential elements of this Agreement and represent a reasonable allocation of risk. Specifically, you understand that Blookd would be unable to provide the Services to you on any other terms.

b. Indemnification.

You agree to defend, indemnify, and hold us, our affiliates, vendors, and respective directors, officers, users, and agents harmless from all claims, suits, and expenses, including attorneys' fees, arising from or related to:

(a) Your use of the Blookd Site and/or the Mobile Blookd Application; (b) Your noncompliance with or breach of this agreement; (c) Your use of third-party services, platforms, products, links, advertisements, and/or tools; (d) Your violations of any third-party rights, including third-party intellectual property rights in submissions and feedback; (e) The unauthorized use of the Services by any other person using your information; (f) Your failure to comply with network rules or PCI-DSS security standards, including the compromise of any payment information.

c. Release of Claims.

You acknowledge that the interactions between SMBs and Customers, as well as any claims, injuries, illnesses, damages, liabilities, and costs ("Claims") arising from such interactions or resulting from the products or services of any SMB, are the sole responsibility of the involved parties. You, on behalf of yourself and your SMB, hereby release Blookd from any and all such Claims. If you are a resident of California, you specifically waive the provisions of California Civil Code Section 1542, which states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in their favor at the time of executing the release, and that if known by them, would have materially affected their settlement with the debtor or released party." By waiving this section, you expressly relinquish all rights and benefits under that section and any similar laws in any jurisdiction, with respect to the release of any unknown or unsuspected claims you may have against Blookd relating to the subject matter of this Section 9.3.

10. Part X – Legal Provisions: Governing Law, Arbitration Agreement, Jury Trial Waiver, Class Action Waiver, and Forum Selection

a. Choice of Law:

Jurisdictional Governance. This Agreement shall be executed and governed by the laws of the State of Colorado, applicable to Users entering into this Agreement with MeBooked, LLC., The application of any other jurisdiction's laws shall not be considered.

b. Arbitration: Dispute Resolution. Any disputes, controversies, demands, claims, or causes of action arising out of or related to this Agreement (including the interpretation and scope of this clause and the choice of arbitration) between you and Blookd or its successors or assigns shall be exclusively resolved through binding and confidential arbitration. The arbitration proceedings shall adhere to the UNCITRAL Arbitration Rules, overriding any state arbitration laws. A single commercial arbitrator with substantial experience in resolving commercial contract disputes, appointed by UNCIAL, shall preside over the arbitration. The arbitration shall be governed by the UNICTRAL's Commercial Arbitration Rules, and if applicable, the Supplementary Procedures for Consumer Related Disputes (collectively referred to as the "Rules and Procedures"), as modified by this Agreement unless otherwise agreed upon in writing by the parties. By agreeing to arbitration, you waive your right to litigate claims in court except for matters eligible for small claims court. Your rights will be determined by an impartial arbitrator rather than a judge or jury. While you are entitled to a fair hearing, arbitration procedures are simpler and more limited in comparison to court rules. Arbitrator decisions carry the same enforceability as court orders but are subject to minimal review by a court. Both you and Blookd are bound by the following rules:

(1) All claims must be pursued individually and not as part of a class or representative action. (2) The arbitrator is prohibited from consolidating claims or granting relief on a class-wide basis. (3) If the expenses associated with arbitration are determined to be excessively burdensome, Blookd may assume responsibility for necessary fees. (4) Strict confidentiality shall be maintained throughout the arbitration proceedings. (5) The arbitrator is authorized to award individual remedies as permitted by applicable law. (6) Each party shall be responsible for its own attorney's fees and expenses, unless otherwise mandated by relevant law.

Claims involving defamation, violation of the Computer Fraud and Abuse Act, and intellectual property infringement shall be exclusively filed in the state or federal courts of New York, New York. In urgent cases requiring immediate equitable relief, such relief may be sought in said courts prior to arbitration.

If any portion of the arbitration provision is deemed invalid or conflicts with the Rules and Procedures, the remaining provisions shall remain in effect. Should subparts (1) or (2) be deemed invalid, the entire arbitration provision shall be null and void, and neither party shall have the right to arbitration. In the event that a claim proceeds to court, it shall exclusively be filed in a state or federal court located in New York, New York.

11. Part XI – Miscellaneous

a. Customer Service.

For inquiries, comments, or concerns related to the Services, customer service can be contacted at any time via the following channels: telephone at +1 720 948 5802, email at support@blookd.com, or postal mail at Mebooked LLC, 1766 S. Newark Ct., Aurora, CO 80012.

b. Affiliate Disclosure.

We may have affiliate relationships with third parties and affiliates whose products and/or services are linked to and promoted through the Services. Due to this relationship, we may earn commissions on products purchased by Users from third-party affiliates or partnerships.

c. Authority.

Each Party represents and warrants to the other that it possesses complete power and authority to enter into this Agreement and that it is legally binding and enforceable in accordance with its terms.

d. Waiver.

Any waiver of rights under these Terms of Use shall only be effective if agreed upon or declared in writing. The delay or failure to exercise a right shall not be considered a waiver and shall not prevent a party from exercising that right in the future. The rights and remedies provided herein are cumulative and not exclusive of any rights and remedies provided by law.

e. Force Majeure.

We shall not be obligated to fulfill any obligation if prevented from doing so due to acts of God or force majeure, including but not limited to actions taken or imposed by any government or public authority or in the event of any other uncontrollable circumstances, such as natural disasters (e.g., storms, hurricanes, fires, floods, earthquakes), war, civil unrest, terrorist activities, states of emergency, government sanctions, embargoes, nationalizations, strikes, and public utility failures (e.g., electricity or telecommunication services). We will make reasonable efforts to notify you of the circumstances causing the delay and to resume performance as soon as reasonably possible.

f. Assignment.

User may not transfer, assign, or delegate this Agreement or the rights and obligations herein in any manner. However, Blookd may freely transfer, assign, or delegate this Agreement.

g. Rights of Third Parties.

These Terms do not grant any rights to third parties unless explicitly stated herein.

h. Relationship of the Parties.

The parties are independent contractors under these Terms, and nothing herein shall be construed as creating a partnership, joint venture, or agency relationship between them. Neither party has the authority to enter into agreements on behalf of the other party or any third party entitled under these Terms.

i. Severability.

If any part of this Agreement is found to be invalid or unenforceable under applicable law, the invalid or unenforceable provision will be replaced with a valid and enforceable provision that best reflects the intent of the original provision, and the remaining provisions of this Agreement will remain in effect.

j. Notices.

Unless explicitly stated otherwise, notices shall be sent by postal mail to Mebooked LLC, 1766 S. Newark Ct., Aurora, CO 80012. For Users, notices shall be sent to the email address provided during registration or any updated email address. Notice shall be considered delivered 24 hours after being sent by email, unless the sending party is notified of an invalid email address. Alternatively, we may provide notice via certified mail, postage prepaid and return receipt requested, to the address provided during Account registration. In such cases, notice shall be deemed delivered three calendar days after the mailing date. k. Effective Date.

These Terms of Use may be periodically updated by us. Updates will be communicated through prominent postings on the website, notifications sent to registered Users via the Blookd Application, and/or by contacting you at the email address provided during registration. We strongly advise you to regularly review these Terms.

Last update: August 26, 2026.