TERMS OF SERVICE (BUSINESS CUSTOMERS)

1. WHO WE ARE

BookaVue ("we", "us", "our") provides a software platform for property professionals in the UK and Ireland to manage property viewing bookings, scheduling, reminders, lead management, and related booking workflows (the “Service”). The Service may send emails, SMS messages, notifications, and calendar invites via third-party providers.

Company Details
BookaVue is a trading name of Deplova Ltd, a company registered in England and Wales under company number 16633010.
Registered Office: 85 Great Portland Street, London, W1W 7LT, United Kingdom.

We are a software provider only. We do not act as an estate agent, broker, negotiator, property manager, advertiser, or advisor and we do not participate in property valuations, negotiations, or transactional decisions. We are not a party to any property viewing or property transaction.

2. BUSINESS USE ONLY

The Service is provided only to businesses and persons acting in the course of trade, profession or commercial activity (“Customer”).

It is not offered to consumers for personal use.

By creating an account or using the Service you confirm:

• you are acting for a business
• you have authority to bind that business
• you are at least 18 years old

3. DEFINITIONS

• Customer – the business using the Service (e.g. estate agent, developer, property professional)
• End User – a member of the public invited by the Customer to book a viewing
• Customer Content – any data entered by Customer or End Users
• Personal Data – has the meaning under UK GDPR and EU GDPR
• Controller / Processor – as defined under applicable data protection law

4. THE SERVICE

We grant the Customer a limited, non-exclusive, non-transferable licence to use the Service during the subscription term.

We may modify, improve, replace, or discontinue features from time to time, provided that core functionality of the Service remains substantially similar.

We do not guarantee:

• uninterrupted availability
• specific features remaining unchanged
• compatibility with third-party systems

4A. SERVICE AVAILABILITY

The Service is provided on an ‘as available’ basis. We do not guarantee uninterrupted or error-free operation.

Scheduled maintenance, emergency maintenance, third-party outages, or network failures may affect availability.

We do not guarantee delivery or receipt of emails, SMS messages, notifications, calendar invites, or reminders generated by the Service.

4B. BETA AND EXPERIMENTAL FEATURES

Beta and Experimental Features

From time to time we may offer beta, preview, or experimental features. These features are provided ‘as is’, may be modified or removed at any time, and may not be subject to the same support or availability commitments as core features.

5. ACCOUNTS AND SECURITY

The Customer is responsible for:

• maintaining login confidentiality
• all actions under its account
• restricting access to authorised staff only

We may suspend access if we believe security is compromised.

6. CUSTOMER RESPONSIBILITIES

The Customer is solely responsible for:

• accuracy of property information
• scheduling availability
• confirming, cancelling or rescheduling appointments
• communications sent to End Users
• compliance with property, advertising and consumer laws
• ensuring staff use the platform lawfully

Customer Communications Compliance

The Customer is solely responsible for ensuring that all emails, SMS messages, notifications, or other communications sent using the Service comply with applicable laws including the UK GDPR, the Data Protection Act 2018, the Privacy and Electronic Communications Regulations (PECR), Irish ePrivacy rules, and any equivalent legislation.

The Customer warrants that it has obtained any required consents or has another valid lawful basis for such communications and will honour unsubscribe and opt-out requests.

We act solely as a software provider and are not responsible for the content, legality, timing, or recipients of Customer communications.

7. BOOKINGS AND END USERS

The Service only facilitates scheduling.

We:

• do not verify identities
• do not guarantee attendance
• are not responsible for conduct of viewers or agents
• are not party to any property viewing or transaction

Automated Functions
The Service may provide automated scheduling, reminders, confirmations, and workflow suggestions. Such outputs are generated automatically and may contain errors or inaccuracies. The Customer is responsible for verifying important information before relying on automated outputs.

The Customer is responsible for its relationship with End Users.

8. FEES AND BILLING

Subscriptions renew automatically unless cancelled before renewal.

Taxes and VAT

All fees are exclusive of VAT and any other applicable taxes unless explicitly stated otherwise.

UK Customers:
Where required by law, VAT will be charged at the applicable UK rate.

EU / Ireland Business Customers:
Where the Customer is established outside the UK and provides a valid VAT registration number, VAT may be accounted for using the reverse charge mechanism. In such cases, VAT will not be charged by us and the Customer is responsible for accounting for VAT in its own jurisdiction.

If a Customer does not provide a valid VAT registration number (where applicable), we reserve the right to charge VAT at the applicable rate.

The Customer is responsible for providing accurate billing and VAT information and for paying any taxes, duties or governmental charges applicable to its use of the Service.

We may suspend accounts for non-payment.

Fees are non-refundable except where required by law or where we determine, at our discretion, that a material service failure has occurred.

9. THIRD-PARTY SERVICES

The Service uses third-party providers including payment processors and email delivery providers.

Your use of those services may also be subject to their terms.

We are not liable for outages or failures caused by third parties.

10. DATA PROTECTION

Customer is the Controller for End User Personal Data.

BookaVue is the Processor.

Processing is governed by the Data Processing Agreement available at:

/dpa

Our Privacy Policy at:

/privacy

explains how we process personal data when acting as Controller (account admin, billing, analytics, support).

Customer obligations:

• provide lawful basis for collecting data
• provide privacy notices to End Users where required
• handle access/erasure requests
• ensure lawful marketing communications
• ensure it has all necessary consents or other lawful basis for electronic marketing to End Users
• manage and action opt-out and unsubscribe requests promptly

We will implement appropriate technical and organisational security measures.

10A. SUBPROCESSORS

We may use carefully selected subprocessors (including hosting, infrastructure, analytics, messaging, and email delivery providers) to deliver the Service. We will ensure subprocessors are subject to appropriate contractual data protection obligations.

11. INTELLECTUAL PROPERTY

All intellectual property rights in the Service belong to BookaVue.

The Customer may not:

• reverse engineer
• resell access
• copy or replicate functionality
• create competing services using the platform

12. CUSTOMER CONTENT

The Customer retains ownership of Customer Content.

The Customer grants us a licence to host, store, process and transmit it solely to operate the Service.

The Customer warrants it has all rights and permissions necessary to use the data.

Data Export
The Customer may request a standard export of Customer Content (for example, CSV or similar format) during the subscription term or within the post-termination access window described in Section 14. We may charge reasonable fees for non-standard, excessive, or urgent export requests.

13. ACCEPTABLE USE

The Customer must not use the Service to:

• send spam or unlawful marketing
• harass individuals
• upload unlawful or defamatory content
• collect data without lawful basis
• attempt to hack or disrupt the system
• upload malware
• impersonate another person

We may suspend accounts immediately for breach.

14. SUSPENSION AND TERMINATION

We may suspend or terminate access if:

• fees are unpaid
• misuse occurs
• required by law
• security risks arise

On termination, Customer Data will be made available for export for a period of 30 days unless otherwise agreed. We may permanently delete Customer Data between 30 and 90 days after termination, unless retention is required by law.

15. CONFIDENTIALITY

Each party must keep confidential information secure and not disclose it except where required by law.

16. WARRANTIES AND DISCLAIMERS

The Service is provided “as is” and “as available”.

We disclaim all implied warranties including fitness for purpose and merchantability to the maximum extent permitted by law.

17. LIABILITY

Nothing excludes liability for:

• death or personal injury caused by negligence
• fraud or fraudulent misrepresentation
• any liability which cannot legally be excluded

Subject to the above:

We are not liable for:

• lost profits
• loss of business
• missed property sales
• reputational damage
• indirect or consequential losses

Total liability is limited to the greater of:

• (a) fees paid in the previous 12 months
• (b) £1,000

18. INDEMNITY

The Customer indemnifies us against claims arising from:

• Customer Content
• property transactions
• marketing communications
• unlawful data collection
• breach of law
• disputes between Customer and End Users

19. CHANGES

We may update these Terms with reasonable notice via the website or email.

Continued use constitutes acceptance.

20. NOTICES

Legal notices must be sent to our registered office address (set out in Section 1) and/or our official legal contact email address set out in Section 25.

21. ASSIGNMENT

We may subcontract or assign our obligations.

The Customer may not assign without consent.

22. FORCE MAJEURE

We are not liable for failure caused by events beyond reasonable control including outages, infrastructure failure or government action.

23. GENERAL

If any clause is invalid the remainder remain in force.

These Terms form the entire agreement relating to the Service.

24. GOVERNING LAW

These Terms are governed by the laws of England and Wales.

Mandatory local consumer or commercial laws in the Customer’s jurisdiction may still apply where required.

25. CONTACT

Legal enquiries: [email protected]