Business Services Terms of Service

These Business Services Terms of Service (“Partner Terms” or “Terms”) govern Business Services provided by Belle Biz Marketing (“Belle Biz,” “we,” “us”) to Business Partners (salons/spas and similar organizations) and their authorized users (owners, administrators, managers, and staff).

Consumer/Visitor Use: If you are a customer booking with a salon/spa, or a visitor using Belle Biz-powered booking pages, links, QR codes, or consumer-facing flows, your use is governed by our Website & Consumer Terms of Use and our Privacy Notice for Consumers. This document is not intended to govern consumer bookings.

Related documents (incorporated by reference):

• Acceptable Use Policy
• Data Processing Addendum
• Cookie Policy
• Privacy Policy
• Subprocessor List

1. Acceptance and Scope

By creating an account, signing an order form, paying an invoice, or otherwise using the Business Services, you agree to these Terms, the Acceptable Use Policy, and (where applicable) the Data Processing Addendum.

If there is a conflict among documents: (1) a signed order form/SOW controls for its subject matter, (2) then these Terms, (3) then the Schedules (the Acceptable Use Policy, Data Processing Addendum, and Cookie Policy).

2. Definitions

• “Aggregated Data” means data derived from the operation or use of the Business Services that has been aggregated or de-identified so that it does not identify the Partner or any individual.
• “Business Partner” or “Partner” means a salon/spa or other organization using the Business Services.
• “Business User” means the Partner's authorized owners, administrators, managers, and staff who access the Business Services.
• “Business Services” means the subscription services provided to Partners, including CRM, scheduling, online booking management, check-in tools, marketing campaign tools, reporting, multi-location features, loyalty/referrals, and related tools.
• “Content” means any information or material submitted to the Platform by the Partner or its Business Users.
• “Customer Data” means personal information about the Partner's customers/clients that the Partner submits to or collects through the Business Services.
• “Invoice Term” means the service start and end/expiry dates shown on an invoice or order form for Business Services.
• “Professional Services” means optional services such as website design/development, SEO, and social media marketing, as documented in an invoice or SOW.
• “Third-Party Services” means services not owned by Belle Biz (e.g., payment processors, email/SMS delivery providers, analytics providers, artificial intelligence providers, social platforms, domain registrars, hosting vendors, and merchant service providers).

3. Eligibility and Authority

• Authority. You represent you have authority to bind the Partner and to grant Belle Biz the permissions described in these Terms.
• Compliance. You will use Business Services only for lawful business purposes and in compliance with applicable laws.
• Minimum age. Business Users must be legally able to form contracts and authorized by the Partner.

4. Accounts, Roles, and Security

• Account responsibility. The Partner is responsible for all activity under its account(s), including actions by staff and anyone using Partner credentials, whether or not authorized.
• Role-based access. The Partner must assign appropriate roles (owner/admin/manager/staff) and restrict access based on job duties.
• Security. You must safeguard credentials, enable reasonable security controls, secure devices used to access Business Services, and promptly notify Belle Biz of suspected unauthorized access.
• No liability for credential misuse. Belle Biz is not responsible for loss or damage arising from the Partner's failure to safeguard credentials or to promptly report suspected unauthorized access.

5. Business Services; Platform Role

• Technology provider. Belle Biz provides software tools to help Partners manage scheduling, customer relationships, communications, and related operations. Belle Biz is not a party to any transaction between the Partner and its customers.
• Partner's business operations. The Partner remains solely responsible for its services, staff conduct, pricing, taxes, booking/cancellation policies, and compliance obligations.
• Feature availability. Business Services and features may vary by package and may change over time. Some features require configuration or Third-Party Services.
• Beta and preview features. Features identified as beta, preview, trial, or early access are provided “AS IS,” without warranty, support commitment, or availability commitment, and may be modified or withdrawn at any time without notice or liability.
• Fair use. Belle Biz may set and enforce reasonable usage limits (including messaging allowances, staff seats, storage, and request rates), and may throttle, suspend, or charge for usage that materially exceeds the Partner's package or that degrades service for other customers.

6. Partner Responsibilities

• Accuracy. The Partner is responsible for maintaining accurate business information, service menus, pricing, staff rosters, hours, and policies displayed through the Platform.
• Customer communications. The Partner is responsible for the content, timing, and legality of communications it sends (including marketing), and for honoring opt-outs.
• Permissions and consents. The Partner is responsible for obtaining, documenting, and maintaining any permissions/consents needed to collect, use, and communicate with customers (including marketing consents where required).
• Employment/payroll. If the Partner uses features related to staff schedules, commissions, or tips reporting, those tools are for internal reporting only and do not constitute payroll, accounting, tax, or legal advice. The Partner is responsible for compliance with employment and tax obligations.
• No professional advice. Belle Biz does not provide legal, tax, accounting, employment, or regulatory advice. Any templates, guidance, checklists, or automated suggestions are provided for convenience only, and the Partner is responsible for obtaining its own professional advice.

7. Subscriptions, Invoicing, and Renewals (No Auto-Renew)

• Term and activation. Business Services are provided for the Invoice Term stated on the applicable invoice, order form, or written confirmation. Unless otherwise stated, access begins on the service start date and ends on the service end/expiry date shown on the invoice.
• No automatic renewal. Subscriptions do not renew automatically. Continued service after the Invoice Term requires a new invoice, order form, or written confirmation from Belle Biz.
• Fees; non-refundable policy. Except where required by law or expressly stated in writing by Belle Biz, fees are non-refundable. If the Partner stops using the Business Services during an active Invoice Term, no pro-rated refunds apply.
• Service until expiry. If the Partner requests cancellation during an active Invoice Term, Belle Biz will maintain service availability through the invoice expiry date unless: (a) the account is suspended for material breach, unlawful activity, security risk, or fraud; or (b) continued service is not feasible due to circumstances beyond Belle Biz's reasonable control.
• Taxes. Fees are exclusive of taxes. Applicable taxes may be added based on the Partner's location and the nature of services, and the Partner is responsible for all such taxes other than taxes on Belle Biz's net income.
• Late payment; interest; suspension. If payment is overdue, Belle Biz may provide notice and may suspend or limit access until payment is received, where permitted by law. Overdue amounts bear interest at 1.5% per month (19.56% per year) or the maximum rate permitted by law, whichever is lower, calculated from the due date until paid. Suspension does not waive payment obligations.
• Collection costs. The Partner will reimburse Belle Biz for reasonable costs of collecting overdue amounts, including legal fees and collection agency charges.
• No set-off. All fees are payable in full without set-off, deduction, withholding, or counterclaim.
• Acceleration. If Belle Biz terminates or suspends the Business Services for the Partner's material breach, all fees for the remainder of the Invoice Term become immediately due and payable.
• Changes for future terms. Belle Biz may change pricing and packages for future Invoice Terms. Changes do not affect fees already invoiced for the current Invoice Term.
• Free trials. Belle Biz may offer a free trial. Trials are provided “AS IS,” without warranty, support commitment, or availability commitment, and may be modified, shortened, or terminated at any time. Unless the Partner purchases a subscription before the trial ends, access ends automatically and Belle Biz may delete all data entered during the trial without further notice or liability.

8. Payments, Refunds, and Chargebacks

• Third-party processing. Payment processing typically occurs through Third-Party Services. Belle Biz does not store full payment card numbers and is not a payment processor, merchant acquirer, or money services business.
• Deposits/refunds/chargebacks. If the Partner uses payment-related features, the Partner remains solely responsible for its refund policies, chargebacks, and disputes with customers.
• Records. Belle Biz may provide available logs or records to assist the Partner, but does not guarantee outcomes, timelines, completeness, or the resolution of any dispute.

9. Messaging and Campaign Tools (Email/SMS)

• Transactional vs marketing. Business Services may support transactional messages (confirmations/reminders) and Business-enabled marketing campaigns.
• Partner compliance responsibility. The Partner is solely responsible for obtaining required permissions/consents, maintaining opt-in/opt-out records, and honoring opt-outs promptly.
• Anti-spam compliance. The Partner is solely responsible for compliance with Canada's Anti-Spam Legislation (CASL), CRTC rules, applicable telemarketing and text-messaging laws in any jurisdiction it messages into, and all carrier requirements. The Partner will indemnify Belle Biz for any regulatory proceeding, penalty, or third-party claim arising from the Partner's messaging.
• Delivery dependencies. Delivery depends on Third-Party Services and carrier networks; delivery, timing, and deliverability are not guaranteed and no credit or refund is due for undelivered messages.
• Restrictions. The Partner must not use messaging tools for spam, phishing, unlawful content, or harassment.
• Immediate suspension. Belle Biz may suspend or restrict messaging features immediately and without prior notice upon any complaint, carrier notice, regulatory inquiry, or suspected violation of this Section.
• Logs. Belle Biz may store messaging logs and metadata for security, auditing, troubleshooting, support, and compliance purposes, subject to the Privacy Policy and Data Processing Addendum where applicable.

10. Professional Services

If the Partner purchases Professional Services (website design, SEO, social media marketing), those services are governed by the applicable invoice or SOW. Professional Services outcomes — including search rankings, placements, impressions, traffic, leads, conversions, or revenue — are not guaranteed, depend on Third-Party Services and third-party platform algorithms outside Belle Biz's control, and no refund or credit is due on the basis of results.

11. Data Protection and Privacy (DPA)

• Customer Data. If the Partner uses Business Services to manage Customer Data, the Partner is responsible for its customer-facing notices and for complying with applicable privacy and marketing laws. As between the parties, the Partner is the party responsible for determining the purposes and means of processing Customer Data.
• DPA applies. Where Belle Biz processes Customer Data on the Partner's behalf, the Data Processing Addendum applies and governs data processing matters.
• Security. The Partner must use reasonable security measures (role-based access, device security) and is responsible for its own internal security and staff training.

12. Acceptable Use and Content Standards

• AUP. The Partner and Business Users must comply with the Acceptable Use Policy.
• Content standards. Content must not be unlawful, infringing, deceptive, abusive, or harmful. The Partner represents and warrants it has all rights, licences, and consents necessary to submit and use any Content it uploads or displays (including promotional images displayed in check-in experiences and any third-party trademarks, photographs, or music).
• Removal. Belle Biz may remove or restrict Content or features that violate these Terms, the AUP, or that create security/legal risk, at any time and without prior notice.
• No monitoring obligation. Belle Biz has no obligation to monitor, screen, or review Content, and does not endorse any Content.

13. Third-Party Services and Integrations

• Third-party terms apply. Integrations and Third-Party Services are governed by their own terms and privacy practices, which the Partner is responsible for reviewing and accepting.
• No responsibility. Belle Biz is not responsible for Third-Party Services outages, changes, deprecations, pricing changes, or failures, and no refund or credit is due where a Third-Party Service becomes unavailable or changes.
• Merchant services partnership. If the Partner uses merchant services onboarding/referral through our partnership with Fiserv Canada (including Clover point-of-sale hardware and software), Belle Biz acts as a referral partner only. The Partner's merchant relationship, underwriting, approval, pricing, settlement, and chargeback handling are governed exclusively by the merchant provider's own agreements. Belle Biz makes no representation regarding approval, rates, or settlement timing.

14. Suspension and Termination

• Suspension. Belle Biz may suspend Business Services, immediately and without prior notice where circumstances warrant, if reasonably necessary to address fraud, security risk, unlawful activity, non-payment, or material violations of these Terms or the AUP. No refund or credit is due for any period of suspension arising from such circumstances.
• Partner termination request. The Partner may request cancellation, but cancellation does not shorten the Invoice Term or create a refund entitlement (Section 7).
• Termination for convenience by Belle Biz. Belle Biz may terminate the Business Services on thirty (30) days' written notice. In that case Belle Biz will refund the pro-rated portion of prepaid fees for the unused period, which is the Partner's sole and exclusive remedy for such termination.
• Data export window. The Partner may request a data export within thirty (30) days after expiry or termination, subject to security verification and payment of all outstanding amounts. After that period, Belle Biz may permanently delete all Content and Customer Data without further notice or liability.

15. Intellectual Property and Data Rights

• Platform ownership. Belle Biz and its licensors retain all right, title, and interest in and to the Platform, the Business Services, the underlying software, documentation, designs, and all modifications and improvements. No rights are granted to the Partner except the limited, non-exclusive, non-transferable right to access and use the Business Services during the Invoice Term.
• Content licence. The Partner grants Belle Biz a non-exclusive, worldwide, royalty-free licence to host, store, copy, process, transmit, adapt, and display Content and Customer Data as necessary to provide, secure, support, and improve the Business Services.
• Aggregated and de-identified data. Belle Biz may create Aggregated Data and may use, retain, and disclose it for any lawful purpose — including benchmarking, industry reporting, security and fraud prevention, analytics, product development, and the training, evaluation, and improvement of models, algorithms, and automated features — provided it does not identify the Partner or any individual. Aggregated Data is Belle Biz's property and this right survives termination.
• Feedback. Any suggestions, ideas, enhancement requests, or feedback provided by the Partner or its Business Users become the sole property of Belle Biz, which may use them without restriction, compensation, or attribution.
• Reference rights. Belle Biz may identify the Partner as a customer and use the Partner's business name and logo in customer lists, case studies, and marketing materials. The Partner may opt out at any time by written notice to contact@bellebiz.com.
• Restrictions. The Partner must not copy, modify, translate, reverse engineer, decompile, create derivative works of, resell, sublicense, or provide access to the Business Services to any third party, or use the Business Services to build a competing product or service.

16. Confidentiality

• Obligation. Each party will protect the other's Confidential Information using at least reasonable care, and will use it only to perform under these Terms.
• Definition. “Confidential Information” means non-public information disclosed by one party to the other that is identified as confidential or that a reasonable person would understand to be confidential, including Belle Biz's pricing, product roadmap, security practices, and non-public documentation.
• Exclusions. Confidential Information does not include information that is or becomes public without breach, was already known without a duty of confidence, is independently developed, or is rightfully received from a third party.
• Compelled disclosure. A party may disclose Confidential Information where required by law, provided it gives reasonable prior notice where legally permitted.

17. Disclaimers

Business Services are provided “AS IS” and “AS AVAILABLE.” To the maximum extent permitted by law, Belle Biz disclaims all warranties, conditions, and representations, express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and any warranties arising from course of dealing or usage of trade. Belle Biz does not warrant that the Business Services will be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that any particular business result will be achieved.

Any statements made on Belle Biz's website, in marketing materials, or by any representative are provided for information only, are not warranties or service level commitments, and do not form part of these Terms.

18. Limitation of Liability

To the maximum extent permitted by law:

• Excluded damages. Belle Biz is not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, business, goodwill, anticipated savings, or for loss of, corruption of, or inability to access data, regardless of the form of action, whether in contract, tort (including negligence), strict liability, statute, or otherwise, and whether or not Belle Biz was advised of the possibility of such damages.
• Aggregate cap. Belle Biz's total aggregate liability for all claims arising out of or relating to the Business Services, in the aggregate and not per claim, will not exceed the lesser of (a) the amounts actually paid by the Partner to Belle Biz for the Business Services during the three (3) months immediately preceding the event giving rise to the claim, or (b) CAD $2,000.
• Exclusions from the cap. These limitations do not apply to the Partner's payment obligations or to the Partner's indemnification obligations under Section 19, which are uncapped.
• Limitation period. Any claim arising out of or relating to these Terms or the Business Services must be commenced within twelve (12) months after the cause of action arises, failing which it is permanently barred. The parties agree that these Terms constitute a “business agreement” for the purposes of the Limitations Act (Alberta).
• Essential basis. The Partner acknowledges that the fees reflect this allocation of risk, and that these limitations apply even if a limited remedy fails of its essential purpose.

19. Indemnification

The Partner agrees to defend, indemnify, and hold harmless Belle Biz, its affiliates, and their respective directors, officers, employees, and agents from and against any claim, demand, proceeding, penalty, loss, damage, or cost (including reasonable legal fees) arising from:

• The Partner's services, staff conduct, and customer interactions
• The Partner's Content, marketing practices, communications, and messaging (including CASL and telemarketing claims)
• The Partner's Customer Data, privacy notices, and consent practices
• The Partner's violation of law, Third-Party Services terms, the AUP, or these Terms
• Any claim that the Partner's Content infringes or misappropriates a third party's rights

Belle Biz may assume the exclusive defence and control of any matter subject to indemnification, at the Partner's expense, and the Partner will cooperate.

20. Force Majeure

Belle Biz is not liable for any delay or failure to perform arising from causes beyond its reasonable control, including acts of God, natural disasters, fire, flood, epidemic or pandemic, war, terrorism, civil unrest, labour disputes, government action, utility or telecommunications failure, internet or hosting provider outage, cyberattack, denial-of-service attack, or failure or change of any Third-Party Service.

21. Changes to the Platform and Terms

Belle Biz may update the Business Services and these Terms from time to time. Updates will be posted and the “Last Updated” date revised. Material changes may be communicated via the Platform or email. Continued use of the Business Services after revised Terms are posted constitutes acceptance. If the Partner does not accept a material change, its sole and exclusive remedy is to decline to renew at the end of the current Invoice Term.

22. Governing Law and Venue

These Terms are governed by the laws of Alberta and applicable federal laws of Canada, without regard to conflict-of-laws rules. The parties attorn to the exclusive jurisdiction of the courts located in Edmonton, Alberta, and any legal proceeding must be brought there unless prohibited by law. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

23. General Provisions

• Entire agreement; non-reliance. These Terms, together with the AUP, Data Processing Addendum, Cookie Policy, Privacy Policy, Subprocessor List, and any applicable order form or SOW, constitute the entire agreement between the parties and supersede all prior discussions, proposals, marketing materials, website content, and representations. The Partner acknowledges that it has not relied on any statement, representation, warranty, or assurance not expressly set out in these Terms, including any statement appearing on Belle Biz's website or made by any sales representative.
• Assignment. Belle Biz may assign these Terms, in whole or in part, without consent, including in connection with a merger, acquisition, reorganization, or sale of assets. The Partner may not assign these Terms without Belle Biz's prior written consent, and any attempted assignment without consent is void.
• Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions remain in full force.
• No waiver. A failure or delay in enforcing any provision is not a waiver of that or any other provision, and no waiver is effective unless in writing.
• Notices. Belle Biz may give notice by email to the address on the Partner's account, by posting within the Platform, or by posting to the Belle Biz website. Notices to Belle Biz must be sent to contact@bellebiz.com. Notice is deemed given on the day sent or posted.
• Independent contractors. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, franchise, or employment relationship.
• No third-party beneficiaries. These Terms are for the benefit of the parties only and create no rights in any third party, including the Partner's customers.
• Survival. Sections 7 (to the extent of accrued fees), 8, 12, 15, 16, 17, 18, 19, 22, and 23 survive expiry or termination.

24. Contact