Terms of Service

1. Introduction

Welcome to Booktomic ("we", "us", "our"). Booktomic is an independent digital assistant tool that enables users to automate court reservation scheduling on third-party sports booking platforms. By accessing or using our service at booktomic.io (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, you must not use the Service.

Booktomic is not affiliated with, endorsed by, or sponsored by any Third-Party Platform. We are an independent service provider. All third-party trademarks, service names, and logos referenced in the Service belong to their respective owners.

2. Definitions

• "User" - any individual who creates an account and uses the Service.
• "Service" - the Booktomic web application and all related features, including automated court reservation scheduling.
• "Third-Party Platform" - any external sports booking service through which reservations are ultimately made.
• "Credentials" - login information (email and password) that the User provides for Third-Party Platforms.
• "Mandate" - the authorization granted by the User to Booktomic to act as their digital agent for the specific purpose of executing reservation actions, as defined in Section 5.

3. Eligibility

You must be at least 18 years old and have the legal capacity to enter into binding agreements to use the Service. By registering, you represent and warrant that you meet these requirements.

4. Account and Credentials

To use the Service, you must create an account and may provide your Third-Party Platform credentials. You acknowledge and agree that:

• You are the sole owner and legitimate holder of any Third-Party Platform account you connect to Booktomic.
• You are fully responsible for maintaining the confidentiality of your account credentials.
• You will not provide credentials belonging to another person without their explicit authorization.
• We store your credentials securely using industry-standard encryption and use them exclusively to perform the reservation actions you configure. We do not share them with any third party beyond what is strictly necessary to execute your instructions.
• By providing your Third-Party Platform credentials, you grant Booktomic explicit authorization to access your Third-Party Platform account on your behalf, solely for the purpose of executing the reservation actions you have configured.

5. Nature of the Service - Mandate and Agency

Booktomic operates as a digital agent acting under the explicit mandate of the User, within the meaning of Articles 1709 to 1739 of the Spanish Civil Code (mandato). By using the Service, you:

• Grant Booktomic a limited mandate to act on your behalf for the sole purpose of executing court reservation actions on Third-Party Platforms, using your own account and credentials.
• Acknowledge that Booktomic acts exclusively as your personal agent. The Service does not operate on its own behalf or for its own commercial interest on Third-Party Platforms. Every action taken on a Third-Party Platform is performed at your instruction, on your behalf, and using your own account.
• Acknowledge that the contractual relationship for any reservation is formed directly between you and the Third-Party Platform (and/or the club). Booktomic is not a party to that contract.
• May revoke this mandate at any time by disconnecting your Third-Party Platform account through the Service, which will immediately cease all automated actions and permanently delete your stored credentials.

Booktomic provides the technical infrastructure to automate actions that the User could perform manually. The Service does not create, modify, or circumvent any contractual relationship between the User and Third-Party Platforms.

6. User Responsibilities and Conduct

By using the Service, you acknowledge and agree that:

• You are solely responsible for all actions performed through your Third-Party Platform account, whether initiated manually by you or automated through the Service.
• You are solely responsible for ensuring that your use of the Service, and the automated actions performed on your behalf, comply with all applicable laws, regulations, and the terms of service of any Third-Party Platform you connect.
• It is your sole responsibility to review, understand, and comply with the terms of service, privacy policies, and community guidelines of any Third-Party Platform you connect to Booktomic. Booktomic does not monitor or verify your compliance with third-party terms.
• You will not use the Service for any unlawful, fraudulent, or abusive purpose.
• You will not use the Service to manipulate availability, engage in scalping, or perform any activity intended to harm other users or Third-Party Platforms.
• Any consequences arising from automated reservations (including but not limited to cancellation fees, penalties, account restrictions, or bans imposed by Third-Party Platforms) are entirely your responsibility.
• You acknowledge that the use of automated tools to interact with Third-Party Platforms may not be permitted by the terms of service of those platforms, and you accept all associated risks, including the possibility that your Third-Party Platform account may be restricted, suspended, or terminated.

7. Assumption of Risk

By using the Service, you expressly acknowledge and accept the following risks:

• Third-Party Platforms may prohibit or restrict automated access, and your use of the Service may conflict with their terms of service. You assume full responsibility for any consequences of such conflict.
• Third-Party Platforms may at any time modify their systems, APIs, terms, or policies in ways that affect or prevent the Service from functioning. Booktomic has no control over such changes.
• Your Third-Party Platform account may be suspended, restricted, or terminated as a result of automated actions performed via the Service. Booktomic bears no liability for such consequences.
• Reservations may fail, be delayed, or be incorrectly processed due to technical issues, Third-Party Platform changes, or other factors beyond Booktomic's control.

8. Third-Party Platform Relationship

Booktomic interacts with Third-Party Platforms exclusively on your behalf and under your mandate. You acknowledge that:

• Third-Party Platforms are independent services with their own terms of service, privacy policies, and community guidelines. Booktomic has no affiliation with, control over, or responsibility for these platforms.
• Booktomic does not control and is not responsible for any changes to Third-Party Platform terms, policies, availability, pricing, or functionality.
• Booktomic does not guarantee compatibility with any Third-Party Platform and may discontinue support for any platform at any time.
• Any dispute arising from a reservation made through the Service must be resolved directly between you and the relevant Third-Party Platform and/or club.

9. Disclaimer of Liability

To the fullest extent permitted by applicable law:

• Booktomic is provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
• We do not warrant that the Service will be uninterrupted, error-free, or that reservations will be successfully completed.
• We are not responsible for:
  • Failed, missed, or incorrect reservations.
  • Financial losses, including but not limited to booking fees, cancellation fees, or penalties charged by Third-Party Platforms or clubs.
  • Account suspensions, bans, or restrictions imposed by Third-Party Platforms.
  • Any disputes between the User and a Third-Party Platform or club.
  • Court conditions, club policies, or any aspect of the physical service provided by clubs.
  • Changes in Third-Party Platform systems, terms, or availability that affect the Service.
  • Any claim, action, or demand brought by a Third-Party Platform against the User.
• In no event shall Booktomic, its owners, employees, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to the use of the Service.
• Our total aggregate liability for any claim arising from or related to the Service shall not exceed the total fees paid by you to Booktomic in the twelve (12) months preceding the claim.

10. Indemnification

You agree to indemnify, defend, and hold harmless Booktomic, its owners, officers, employees, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:

• Your use of the Service, including all automated actions performed on your behalf.
• Your violation of these Terms.
• Your violation of any Third-Party Platform terms of service, privacy policies, or community guidelines.
• Any action taken by a Third-Party Platform as a result of activities performed through your account via the Service.
• Any third-party claim related to reservations made through the Service.
• Any claim by a Third-Party Platform against Booktomic arising from your use of the Service.

11. Payment and Fees

Booktomic charges a fee per successful reservation as described on our Pricing page. By using the Service, you agree to pay all applicable fees. Fees are non-refundable unless otherwise stated. Booktomic reserves the right to modify pricing at any time, with notice to existing Users.

12. Cancellations and Refunds

• Reservations made through Booktomic are subject to the cancellation policies of the respective Third-Party Platform and club.
• Booktomic does not process refunds for reservations - any refund must be sought directly from the Third-Party Platform or club.
• Booktomic service fees are non-refundable once a reservation has been successfully placed.

13. Data Security

We take reasonable technical and organizational measures to protect your data, including encryption of sensitive credentials at rest and in transit. However, no system is completely secure. You acknowledge that you provide your credentials and data at your own risk. For details on how we handle your data, please refer to our Privacy Policy.

14. Intellectual Property

All content, features, and functionality of the Service (including text, graphics, logos, and software) are the exclusive property of Booktomic and are protected by applicable intellectual property laws. You may not reproduce, distribute, or create derivative works without our prior written consent. Booktomic does not claim any intellectual property rights over Third-Party Platform content, trademarks, or data.

15. Termination

• We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice.
• You may terminate your account and revoke the mandate at any time by contacting us or by disconnecting your Third-Party Platform accounts.
• Upon termination, all stored credentials and personal data will be deleted in accordance with our Privacy Policy.
• Sections relating to liability, indemnification, assumption of risk, and governing law survive termination.

16. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be posted on this page with an updated "Last updated" date. Continued use of the Service after changes constitutes acceptance of the revised Terms. We encourage you to review these Terms periodically.

17. Force Majeure

Booktomic shall not be liable for any failure to perform its obligations where such failure results from circumstances beyond our reasonable control, including but not limited to natural disasters, war, terrorism, government actions, network failures, Third-Party Platform outages, or changes to Third-Party Platform systems or policies.

18. Severability

If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions shall continue in full force and effect.

19. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Spain. Any disputes arising from these Terms or the use of the Service shall be submitted to the courts of Madrid, Spain, without prejudice to any mandatory consumer protection jurisdiction that may apply.

20. Contact

For any questions regarding these Terms, please contact us at: contact@book-tomic.com