Terms for businesses

1. Who we are

Diary Badger is run by [the business that runs Diary Badger]. Contact us at hello@diarybadger.com. In these terms “we” means us, and “you” means the business that signed up.

2. The service

Diary Badger gives your business a booking page, a diary, client records and appointment reminders. You agree to these terms when you sign up, and they last until you or we end them (section 9).

We aim to keep the service running all the time but can't promise it will never be unavailable, for example during maintenance or a problem with one of our providers. We may improve or change features; we'll tell you in advance about any change that removes something you rely on.

3. Plans and payment

The Basic plan costs £15 a month and includes the booking page, diary, and email confirmations and reminders, for up to 6 team members; it sends no texts. The Pro plan costs £25 a month, is for up to 10 team members, and includes 100 texts a month (booking confirmations and reminders); each text beyond that costs 6p. Each team member beyond your plan's number costs £3 a month, whether or not they're shown on your booking page, from when you add them until you remove them from your team. Plans are paid monthly in advance. Each business also has a monthly limit on texts, so a mistake or misuse can't run up a large bill. Prices include VAT where it applies.

We'll give you at least 30 days' notice of a price change, and you can leave before it applies. We never take a commission on your bookings: your clients pay you directly.

4. Your responsibilities

• Use your real business name and details, and only take bookings for services you provide.
• Don't use the service to mislead, spam, harass or harm anyone, or to pose as someone else.
• Keep your sign-in details to yourself, and tell us if you think someone else has used them.
• Only add a client's details if you're allowed to use them to manage their appointments, and keep your notes about clients to what you need (no health information).
• Tell your clients how you use their details (your own privacy notice).

We may suspend or close a booking page that breaks these terms or puts others at risk. Where we can, we'll tell you first and give you the chance to put it right.

5. Who owns what

Your business details, photos, services and client records are yours. You let us store and show them only to run the service for you. The software and the Diary Badger name are ours.

6. Your clients' details (data processing)

Under UK data protection law, your business is the controller of your clients' details, and we are your processor. This section is the contract that law requires between us.

What

Clients' names, mobile numbers and (if given) email addresses; their bookings and booking history; your private notes; and a scrambled form of the internet address a booking was made from (to stop abuse).

Whose

People who book with you, and anyone you add as a team member.

Why

To take and manage bookings, send appointment reminders, keep your diary and client records, and keep the service secure.

How long

While you use the service, then as set out in section 9.

We will:

• process the details only on your instructions (which are these terms and how you use the service), unless the law requires otherwise, in which case we'll tell you first if we're allowed to;
• never use them for our own marketing, or sell them;
• keep them secure, and make sure everyone who can access them is bound to keep them confidential;
• use only the providers listed below, under written terms that protect the details as well as these do, and stay responsible for them; give you 30 days' notice of a new provider, so you can object or leave;
• where a provider is outside the UK, only transfer details with the safeguards UK law requires, such as the UK–US data bridge or the ICO's international data transfer agreement or addendum;
• help you respond to clients who ask to see, correct or delete their details (the client page lets you download or delete them yourself);
• tell you without undue delay, and within 48 hours, if we become aware of a breach affecting your clients' details, and help you with any reports you need to make;
• help with data protection impact assessments and any consultation with the ICO, where needed;
• give you the information you need to show we meet these terms, and allow reasonable audits (with reasonable notice, at most once a year unless there's been a breach);
• delete or return the details when you leave, as section 9 sets out.

Reminder messages are only ever about the appointment. We never send your clients promotions.

Providers we use

7. Your account details

We are the controller of the details of the people who run your account (such as your email address). We use them to run the service, keep it secure and contact you about it, and keep them for as long as your account is open.

8. Liability

Nothing in these terms limits liability that the law doesn't allow to be limited, such as for death or personal injury caused by negligence, or for fraud.

Otherwise, we aren't liable for lost profits, lost business or indirect losses, and our total liability to you in any 12 months is limited to the greater of the fees you paid us in that time and £100.

9. Leaving

You can stop using the service at any time; contact us to close your account. We can end these terms with 30 days' notice, or straight away if you seriously break them.

When your account closes you have 30 days to export your bookings and client details. After that we delete them, and they leave our backups within a further 90 days.

10. Changes and the law

We may update these terms. We'll give you at least 30 days' notice of any change that matters, and you can leave before it applies. These terms are governed by the law of England and Wales, and the courts of England and Wales can decide any dispute.