Last Updated: August 28, 2019
These MINDBODY Promote Terms (“T&Cs”) apply to MINDBODY subscribers and Companies using Booker who have chosen to opt-in to the MINDBODY promotional network. For purposes of these T&Cs, “MINDBODY,” “we,” “us” and “our” refer to MINDBODY, Inc., a Delaware corporation, or MINDBODY’s wholly owned subsidiary Booker Software, Inc., a Delaware corporation (and any affiliates or subsidiaries, as applicable); the terms “you” and “your” refer to the business entity that owns this subscriber account.
By accepting these T&Cs, you grant us permission to display your business name, logo and any images you provide or which are publicly available for the purposes of special promotional marketing and selling of your services and goods (“Promoted Intro Offers”) on our websites and mobile applications, such as the MINDBODY App (collectively, “MINDBODY Sites”), and on our partner websites and mobile applications, such as Reserve with Google (collectively, the “Partner Sites”) and to publish dynamic price offerings (“Dynamic Pricing”) on the Partner Sites and/or MINDBODY Sites.
We may, in our sole discretion, modify these T&Cs from time to time. Any changes we make will become effective when we post a modified version of the T&C’s to our Website, and we agree the changes will not be retroactive. We reserve the right, in our sole discretion, to remove your business profile or any offers, services or goods from the MINDBODY Sites or any Partner Sites, for any or no reason. MINDBODY’s partner affiliations are subject to change at any time. Your use of the MINDBODY or Booker software is governed by the respective Terms of Service available at either https://company.mindbodyonline.com/legal/terms-of-service or https://www.booker.com/contract (“Agreement”). These T&Cs are hereby incorporated and made part of the Agreement. Any conflicts between these T&Cs and the Agreement will be resolved in favor of these T&Cs.
1. Fees and Opting Out.
You will be charged a percentage fee of the purchase price each time an offer is purchased through Dynamic Pricing, Promoted Intro Offers, or the Partner Sites and for the distribution of funds ("Payouts") as follows:
|MINDBODY Promote||Fee (% of each purchase price)|
|Promoted Intro Offers||15%|
All fees charged are non-refundable, including if the transaction that generated the fees is subsequently reversed or charged back to you for any reason or if a refund is subsequently issued for all or any portion of the purchase price.
You can choose to opt out of the program and fees above at any time within your software settings.
If you previously provided us with a credit card or other payment method for your software subscription, you authorize us to charge any fees due hereunder to the payment method on file on a recurring monthly basis. You will notify us immediately of any changes to payment information provided.
To enable your goods and services to be purchased through the Partner Sites, we must enter into agreements with our partners to facilitate the processing of payments under your merchant account. By agreeing to these T&Cs, you expressly authorize us to share information about you and your merchant account as necessary for such purposes.
3. Your Responsibilities.
With respect to each transaction processed under your merchant account, you represent, warrant and covenant to us that (i) the transaction represents a bona fide sale and accurately describes the services or goods provided to the customer, (ii) you will fulfill all of your obligations to the customer and will resolve any dispute or complaint directly with the customer, (iii) you and the transaction comply with all laws, regulations, rules and agreements applicable to you and your business, including the merchant agreement between you and the payment processor, PCI-DSS security standards and card network rules.
You, not MINDBODY, are solely responsible for all customer service policies and issues relating to your services or goods, including pricing, fulfillment, cancellations or no shows.
4. No MINDBODY Warranties.
MINDBODY SPECIFICALLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT WITH RESPECT TO THE SERVICES PROVIDED HEREUNDER. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT OR GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
IN NO EVENT WILL MINDBODY OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES (INCLUDING LOSS OF PROFITS OR REVENUE, OR INTERRUPTION OF BUSINESS) ARISING OUT OF OR RELATED TO THE SERVICES HEREUNDER, DYNAMIC PRICING, PROMOTED INTRO OFFERS, THE MINDBODY SITES, PARTNER SITES, OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF MINDBODY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MINDBODY’S MAXIMUM AGGREGATE LIABILITY FOR ALL LIABILITIES, DAMAGES, CLAIMS, OR CAUSES OF ACTION IN ANY MANNER ARISING FROM OR IN CONNECTION WITH ITS SERVICES HEREUNDER OR THESE TERMS WILL BE THE AGGREGATE FEES PAID TO MINDBODY HEREUNDER.
5. Dynamic Pricing Terms.
Additional terms specific to the use of Dynamic Pricing (“Dynamic Pricing Terms”) described at https://company.mindbodyonline.com/legal/terms-of-service/dynamic-pricing (or such other URL as specified by MINDBODY), as may be updated by MINDBODY from time to time, apply and are hereby incorporated by reference into these T&Cs as if set forth fully herein.