General Agreement
- These Terms of Service ("TOS") constitute a legal agreement between you (the "User") and Nova Booking ("we," "us," or "our"). By accessing or using our platform, you agree to comply with these TOS.
- We reserve the right to modify, amend, or update these TOS at any time. Modifications will be effective when posted on our website or otherwise communicated to you. We recommend checking this page periodically for updates. Continued use of the service after any changes constitutes acceptance of those changes.
- You agree to comply with applicable data privacy laws and regulations, including GDPR and CCPA, and must not share guests information with 3'rd parties. Or sell their private information to anyone.
Account Terms
- Eligibility: You must be at least 18 years of age or the legal age of majority in your jurisdiction to create an account and use our services. By creating an account, you represent and warrant that you meet this eligibility requirement.
- Account Creation: To access our services, you must provide accurate and complete registration information, including your full legal name, valid email address, and any other required information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
- Account Security: You are responsible for ensuring the security of your account. You agree to notify us immediately of any unauthorized use of your account.
- Limitations: An account cannot be shared between different properties. Accounts must be created by individuals (not bots).
- Active use: Our services are intended for active hospitality businesses. We may review account activity and require you to change plans, provide payment information, or take other steps to keep your account in good standing.
Plans, Pricing, and Billing
- Plan options: We may offer different billing models from time to time, including a pay-per-booking (booking) tier and a fixed monthly tier, as well as optional add-ons. Plan names, features, and eligibility may change.
- Current prices are not permanent: Fees, rates, commissions, application fees, and plan amounts shown on our website or in the product are not guaranteed forever. We may change prices, fee structures, included features, or plan rules at any time.
- Notice of price changes: Where practicable, we will provide reasonable advance notice of material price increases (for example by email or an in-product notice). Continued use of the service after a price change takes effect constitutes acceptance of the new pricing. If you do not agree, you may cancel before the change applies, subject to these Terms.
- Billing: Payments for paid plans and applicable fees must be made via Stripe or another payment method we support. You authorize us (and our payment processors) to charge your designated payment method for amounts you owe.
- Pay-per-booking / booking tier: On the booking tier, Nova Booking fees (if any) apply according to the plan rules then in effect—typically for direct (guest-engine / website) bookings. Manual and other booking types may be treated differently as described in our pricing materials.
- Minimum activity on the booking tier: If you remain on the booking tier and complete fewer than five (5) direct bookings in a twelve (12) month period, you must switch to the Fixed Tier for at least one (1) month. If you do not switch when required, we may suspend access, or cancel your account.
- Fair use: We may limit, reprice, or discontinue a plan for accounts that appear inactive, abusive, or inconsistent with normal commercial use of a property management system.
- Refunds: Payments are non-refundable except where required by law. There are no refunds for partial months of service or for upgrades/downgrades during a billing cycle.
- Billing cycle: Subscription charges are typically billed monthly in advance, or as otherwise stated for your plan. Per-booking or application fees may be collected when a qualifying booking or payment occurs.
- Taxes: You are responsible for any applicable taxes related to your use of the service, except taxes based on our net income.
Data Privacy:
- We collect and process personal data in accordance with our Privacy Policy. By using the Software, you consent to the collection and processing of your personal data as described in our Privacy Policy.
- Guest personal data is processed under our Data Processing Agreement. By using the Software, you agree to that DPA. You are the controller of guest data; Nova Booking is the processor.
Prohibited Activities
You agree not to engage in any of the following prohibited activities:
- Use the Software in any manner that could damage, disable, overburden, or impair the Software.
- Attempt to gain unauthorized access to the Software or its related systems or networks.
- Use the Software to transmit any viruses, worms, or malicious code.
- Scraping or harvesting data from the Software..
- Using automated systems or bots to interact with the Software.
- Intended use: The Software is provided for legitimate hospitality businesses (such as B&Bs, inns, motels, and similar lodging). Using the platform for purposes outside that intended use is prohibited.
- Inappropriate content and services: You may not use the Software to publish, promote, or facilitate nudity, sexually explicit material, adult entertainment, illegal activity, or the sale or offering of inappropriate or unlawful services. We decide what is inappropriate in our reasonable judgment.
Cancellation and Termination
- Account Cancellation: You can cancel your account at any time. Upon cancellation, your account will be deactivated, and access to services will end at the conclusion of the current billing cycle.
- Data Deletion: Upon account cancellation, we will delete all your data in accordance with our data retention policy, unless required by law to retain certain information.
- Termination by Us: We reserve the right to suspend or terminate your access to the Software for violations of these Terms, failure to meet plan requirements (including minimum booking activity), failure to pay amounts owed, failure to comply with applicable laws, or other reasons at our discretion.
- Misuse and inappropriate use: If we determine that an account is used outside its intended hospitality purpose, or for nudity, inappropriate content, or selling inappropriate services (or similar misuse), we may immediately remove that account and delete its associated data, without refund, to the extent permitted by law.
- Refund Policy: No refunds will be issued for cancellations prior to the end of a paid billing period.
Ownership and Content
- Your Content: You retain all rights to any content you upload to our platform, including guest information, bookings, and other data. By uploading content, you grant us a license to use, display, and distribute that content as necessary for the operation of our service.
- Platform Content: We retain all rights to the design, code, and other intellectual property of our platform, except where explicitly stated otherwise.
- Content Removal: We reserve the right to remove content that violates our policies or that we deem inappropriate, at our sole discretion.
Modifications to Service, Features, and Policies
- Service and feature changes: We may add, change, limit, or remove features, integrations, templates, channel options, or other parts of the service at any time. We do not guarantee that any particular feature will remain available indefinitely.
- Plan and policy updates: We may update plan rules, eligibility requirements, fair-use standards, and related policies (including these Terms) whenever we need to. Updated terms apply once posted or communicated; continued use means you accept them.
- No obligation to grandfather: Unless we expressly agree in writing, we are not required to keep older pricing, older plan benefits, or prior feature sets available for existing accounts.
- Service interruptions: We are not responsible for temporary interruptions, maintenance windows, or third-party outages (including payment processors or channel partners).
“As Is” Disclaimer
- You receive and use the Software and related services strictly “as is” and “as available,” without any warranty of any kind.
- To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing or usage of trade.
- We do not warrant that the Software will be uninterrupted, error-free, secure, or free of harmful components, or that it will meet your specific business requirements.
- You assume all risk arising from your use of the Software, including decisions you make based on data, reports, bookings, or payments processed through the platform.
General Conditions
- Limitation of Liability: To the fullest extent permitted by law, Nova Booking will not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our services, including but not limited to service interruptions, data loss, or any damages related to your booking and payment processing.
- Indemnification: You agree to indemnify and hold Nova Booking harmless from any claims, damages, or expenses arising from your use of our service, including but not limited to third-party claims, violations of laws, and misuse of guest information.
- Modification of Terms: We reserve the right to modify or update these Terms at any time. Changes take effect when posted on our website or otherwise communicated to you. Your continued use of the Software after revised Terms are posted constitutes acceptance of those changes. We encourage you to review these Terms periodically.
- Governing law: These Terms are governed by the laws applicable in Nova Scotia, Canada, without regard to conflict-of-law principles, except where mandatory local law provides otherwise.
Contact Information:
If you have any questions or concerns about these Terms or the Software, please contact us at: info@novabooking.ca By using the Software, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please do not use our PMS services.