Terms of Service

These Terms govern your use of Keptslot. Two parts are worth reading before the rest: what Keptslot is, and is not, which explains who is responsible for an appointment, and payments from Customers to Businesses, which explains who is responsible for money paid for one. They are the two things most people assume wrongly.

Definitions

Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Noctis Nova, the Canadian business that operates Keptslot. Keptslot is the product; Noctis Nova is the party you are contracting with.

Keptslot refers to the booking software the Company operates at keptslot.com and its subdomains. Where these Terms say "Keptslot" they mean that software; where they say "we" or "us" they mean the Company.

"Business" means a person or organisation that holds a Keptslot account and publishes a booking page. "You" means the Business, except where these Terms address the Customer directly, in the parts on Customers who book and on payments from Customers to Businesses.

"Customer" means a person who books an appointment through a Business's booking page. A Customer is not required to hold an account.

"Booking Page" means the page Keptslot publishes on the Business's behalf, whose content and wording the Business supplies.

"Workspace" means one Business's data within Keptslot: its services, calendars, bookings, customers and settings.

"Service Fee" means an amount a Customer pays a Business through Keptslot for an appointment, whether a deposit or the full price.

Agreement to these Terms

By creating an account, publishing a Booking Page, or booking an appointment through one, you agree to these Terms. If you do not agree, do not use Keptslot.

If you accept these Terms on behalf of an organisation, you represent that you are authorised to bind it, and "you" means that organisation.

The Acceptable Use Policy, the Privacy Policy and the Text Message Terms are incorporated into these Terms by reference and form part of this agreement.

You must be at least the age of majority where you live to hold an account. Keptslot is not directed at children and we do not knowingly collect their information. See the Privacy Policy.

What Keptslot is, and is not

Keptslot is software that lets a Business publish availability and take appointments. An appointment booked through Keptslot is an agreement between the Customer and the Business, and Keptslot is not a party to it.

The Business alone provides the service, sets its price, sets its own cancellation and refund terms, and is responsible for performing the appointment. We do not vet, endorse, employ or supervise any Business, and we make no representation about the quality, safety, legality or qualifications of anyone offering services through a Booking Page.

We record the appointment, publish the Booking Page, and pass messages between the parties. That is the whole of our role.

A dispute about an appointment -- that it was not as described, that the Business did not attend, that a refund is owed -- is between the Customer and the Business. We will help a Customer reach a Business, and suspension and enforcement below sets out what we do where a Booking Page is being misused, but we do not arbitrate the dispute and we cannot decide it.

Business accounts and obligations

You are responsible for everything published on your Booking Page, including your service descriptions, your prices, the questions you add to your booking form, and any branding you upload. You must hold the rights to what you upload.

You are responsible for honouring the appointments your Booking Page accepts, and for the accuracy of the availability it shows.

You are responsible for activity under your account and for the security of your sign-in credentials. Tell us promptly at support@keptslot.com if you believe your account has been accessed by someone else.

You must comply with the laws that apply to your business, including consumer protection, privacy and licensing law in the places you and your Customers are located. Where you collect personal information through your booking form, you are responsible for having a lawful basis to do so and for telling your Customers why. See the part on data below, which sets out who controls that information.

You must not use Keptslot in a way prohibited by the Acceptable Use Policy.

Customers who book

You do not need an account to book. You give your name and email address so the Business can identify the appointment and so we can send your confirmation. A mobile number is optional and the booking completes without it. See the Text Message Terms.

The information you provide must be accurate. Booking appointments you do not intend to attend, or booking under another person's identity, is a misuse of the Booking Page, and may be reported to us as suspension and enforcement describes.

Your rights about the appointment run against the Business, per what Keptslot is, and is not. The Business's cancellation and refund terms, not ours, govern what happens if you cancel.

Fees payable to Keptslot

Keptslot offers a free tier and a paid tier. What each includes, and what each costs, is set out at keptslot.com/pricing, which forms part of these Terms. Prices are in Canadian dollars and exclude applicable taxes unless stated otherwise.

Paid subscriptions bill monthly in advance through Stripe, and renew automatically until cancelled. By subscribing you authorise us to charge your payment method on each renewal.

You may cancel at any time. Cancelling stops the next charge; it does not refund the current period, and we do not pro-rate a partial month. Your paid capabilities continue until the end of the period you have paid for.

Appointments are not metered on any tier. No plan limit ever prevents your Booking Page from accepting a booking, and there is no overage charge for taking one. Plan limits apply to the number of calendars you may add, and to the text message allowance described in the Text Message Terms. Reaching a limit is refused at the point you exceed it, naming what would allow it. It is never billed silently.

Text message credits purchased in addition to a plan's allowance are one-off purchases, not a subscription. They are non-refundable once purchased, and they do not expire at the end of a billing period.

Capabilities available only on the paid tier are withheld while you are not subscribed; they are not destroyed. Content you uploaded under a paid plan, for example Booking Page images, stops being displayed and is retained, so that subscribing again restores it without re-uploading.

We may change our prices. We will give at least 30 days of notice before a change takes effect for an existing subscription, and the change applies from your next renewal after that notice. Continuing to subscribe after it takes effect is acceptance of the new price.

If a charge fails, we may retry it and may suspend paid capabilities while the account is unpaid. We do not take a Booking Page offline for non-payment, because doing so would break appointments your Customers have already made.

Payments from Customers to Businesses

A Business may require a deposit or full payment at the time of booking. Where it does, the payment is processed by Stripe on connected accounts. The Business is the merchant of record for that payment. It is a payment from the Customer to the Business, and Keptslot never takes possession of the funds.

Keptslot takes no commission and no platform fee from a Service Fee. The full amount charged goes to the Business, less the processing fees Stripe charges, which are collected from the Business's connected account. We are paid by the subscription fees described above, and in no other way.

Where a Business takes a deposit, the balance of the service price is payable to the Business directly, on its own terms, and is not collected or tracked by Keptslot.

Card details are entered into payment fields hosted by Stripe. Keptslot never receives or stores a card number. What we record is the amount, the status, and Stripe's identifiers for the payment. See the Privacy Policy.

Refunds work as follows, and the distinction is the Customer's most important right in this section:

• If the Business cancels an appointment whose payment has settled, Keptslot automatically issues a refund of that payment.
• If the Customer cancels, nothing is refunded automatically. The Business's own refund policy governs, and a refund is then for the Business to issue.

A Business's refund policy is written by that Business and shown on its Booking Page. Keptslot does not interpret, enforce or verify it, and displaying it is not our endorsement of it.

Processing fees already charged on a payment are not returned when that payment is refunded. A refunded Customer receives the full amount they paid; the fee is a cost borne by the Business.

Chargebacks and payment disputes are resolved between the Customer, the Business and Stripe under Stripe's process. Keptslot is not the merchant and cannot decide them.

To take payments, a Business must complete Stripe's onboarding and accept Stripe's own terms. Stripe may require identity or business verification, and may restrict or withhold payouts under its agreement with the Business. Those decisions are Stripe's and are outside our control.

Data

Our handling of personal information is described in the Privacy Policy.

As between Keptslot and the Business, the Business controls the personal information its Customers provide through its Booking Page, and decides what its booking form asks for and why. We process that information on the Business's behalf and on its instructions, for the purpose of operating the booking service.

A Workspace's data is not shared with any other Business on Keptslot. We do not sell Business or Customer data, and we do not use a Business's Customer list to market to those Customers.

We may use aggregated and de-identified information, which does not identify any Business or Customer, to operate, secure and improve Keptslot.

Suspension and enforcement

We may take a Booking Page offline, or suspend or close an account, that breaches these Terms or the Acceptable Use Policy, or where required by law.

Where the problem appears to be a mistake, we will normally ask first. Where it does not, or where Customers are being harmed, we will act without notice.

Taking a Booking Page offline does not cancel appointments already booked through it, and we will not delete a Business's records as a sanction.

To report a Booking Page, use the Report this page link in its footer, or email abuse@keptslot.com.

Term, termination and deletion

These Terms apply for as long as you use Keptslot.

You may delete a Workspace at any time. On deletion it stops being reachable immediately, and it is permanently erased 30 days later, together with the bookings, customer records and answers in it.

There is one exception to that erasure, and it exists to protect Customers: a Workspace holding a payment that has not been settled or refunded is not erased while that remains true, because erasing it would destroy the only record connecting a refund owed to the person owed it.

Export your data before deleting a Workspace. After erasure we cannot recover it, and we will not be able to help you retrieve it.

The following continue to apply after you stop using Keptslot: what Keptslot is, and is not; everything above about refunds, processing fees, chargebacks and payment disputes; data; disclaimers; limitation of liability; indemnity; governing law and disputes; and the general provisions below.

Disclaimers

Keptslot is provided "as is" and "as available". To the maximum extent permitted by applicable law, we disclaim all warranties, conditions and representations, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

We do not warrant that Keptslot will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that any data will be free from loss or corruption. We do not warrant that a text message or email will be delivered, as delivery depends on carriers and providers outside our control.

We make no warranty regarding any Business, any Customer, or any appointment booked through Keptslot, as stated above under what Keptslot is, and is not.

Nothing in this section excludes a warranty, condition or guarantee that applicable law does not allow to be excluded, including under consumer protection legislation. Where such a term cannot be excluded, our liability for breaching it is limited as far as that law permits.

Limitation of liability

To the maximum extent permitted by applicable law, neither party is liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost business, loss of goodwill, or loss or corruption of data, however caused and on any theory of liability, even if advised of the possibility.

To the maximum extent permitted by applicable law, Keptslot's aggregate liability arising out of or relating to these Terms, or to your use of Keptslot, will not exceed the greater of (a) the total amounts you paid us in the twelve months before the event giving rise to the claim, and (b) one hundred Canadian dollars (CAD $100).

For clarity, a Service Fee paid by a Customer to a Business is not an amount paid to us and does not count towards the cap above, because we never receive it. See payments from Customers to Businesses.

Nothing in this section limits liability for fraud, fraudulent misrepresentation, gross negligence, wilful misconduct, death or personal injury caused by negligence, or any other liability that applicable law does not permit to be limited.

The limits in this section reflect the allocation of risk between us and are a basis of the bargain, including where a limited remedy is found to have failed its essential purpose.

Indemnity

If you are a Business, you will indemnify and hold harmless Keptslot and its directors, officers and employees from third-party claims, damages, losses and reasonable legal costs arising out of (a) the content of your Booking Page, (b) the services you offer or perform, (c) your breach of these Terms or the Acceptable Use Policy, (d) your breach of applicable law including privacy law, and (e) any dispute between you and a Customer.

We will notify you of any claim under this indemnity, allow you to control its defence with counsel of your choosing, and cooperate reasonably at your expense. You may not settle a claim in a way that imposes any obligation or admission on us without our written consent.

This section does not apply to a Customer who merely books an appointment.

Changes

We may change Keptslot, including adding, altering or withdrawing features. Where a change materially reduces a capability you are paying for, we will give reasonable notice.

We may amend these Terms. We will update the date at the top of this page, and for a material change affecting a Business we will give notice by email or in the dashboard at least 30 days before it takes effect. Continuing to use Keptslot after that date is acceptance. If you do not accept, your remedy is to stop using Keptslot and delete your Workspace under term, termination and deletion above.

A material change will not be applied retroactively to a completed appointment or a completed payment.

Governing law and disputes

These Terms are governed by the laws of the Province of Alberta and the federal laws of Canada applicable in it, without regard to conflict of laws rules. The courts of Alberta have exclusive jurisdiction, and each party submits to them.

That does not deprive a consumer of the protection of mandatory law, or of the right to bring proceedings in the courts, of the place where that consumer is resident.

Before starting proceedings, please contact support@keptslot.com. Most disputes are resolved faster this way, and we will engage in good faith for 30 days.

The United Nations Convention on Contracts for the International Sale of Goods does not apply.

General

These Terms, together with the Acceptable Use Policy, the Privacy Policy and the Text Message Terms, are the entire agreement between us about Keptslot, and replace any earlier version of them.

If a provision is held unenforceable, it is modified to the minimum extent necessary or severed, and the rest remains in force.

Our failure to enforce a provision is not a waiver of it.

You may not assign these Terms without our written consent. We may assign them to an affiliate, or in connection with a merger, acquisition or sale of assets, on notice to you.

Nothing in these Terms creates a partnership, joint venture, agency or employment relationship between us.

Neither party is liable for a failure to perform caused by events beyond its reasonable control, other than an obligation to pay money.

We may send notices to the email address on your account, and you are responsible for keeping it current. Notices to us go to support@keptslot.com.

Contact

Keptslot — support@keptslot.com. To report a Booking Page, abuse@keptslot.com. For privacy requests, see the Privacy Policy.