Draft for legal review. These standard terms should be reviewed by qualified legal counsel before publication or use in a customer agreement.
Acceptance of these terms
By accessing a Milano Software website, requesting a demonstration, or using a Klickbook service, you agree to these Terms & Conditions and all applicable laws. If you use the services on behalf of an organization, you confirm that you are authorized to bind that organization to these terms.
Services and eligibility
Milano Software provides cloud booking, spa management, point-of-sale, guest engagement, reporting, and related services. Specific features, service levels, implementation work, and support commitments are defined by the order form, subscription agreement, or other written agreement that applies to your account.
Accounts and security
You are responsible for accurate account information, protecting sign-in credentials, assigning appropriate user permissions, and all activity under your account. Notify us promptly if you suspect unauthorized access or a security incident involving the services.
Acceptable use
You may not use the websites or services to:
- Violate any law, regulation, third-party right, or contractual obligation.
- Introduce malicious code, disrupt the services, bypass security, or test vulnerabilities without permission.
- Access another customer’s data or account, scrape the services, or use automated means beyond documented integrations.
- Transmit unlawful, deceptive, abusive, infringing, or harmful content.
- Copy, reverse engineer, resell, or create derivative works from the services except where expressly permitted.
Customer data and privacy
You retain ownership of data you submit to the services and grant Milano Software the rights required to host, process, transmit, back up, and display that data to provide and improve the services. You are responsible for having the notices, consents, and lawful authority needed to provide personal information to us. Our handling of personal information is also governed by our Privacy Policy.
Intellectual property
Milano Software and its licensors retain all rights in the websites, services, software, interfaces, documentation, trademarks, and related materials. Your subscription provides a limited, non-exclusive, non-transferable right to use the services during the applicable term; it does not transfer ownership.
Third-party services
The services may connect to payment processors, property management systems, messaging providers, and other third-party products. Their terms and privacy practices apply separately. Milano Software is not responsible for third-party services, changes, outages, or data handling outside our control.
Fees and payment
Subscription fees, taxes, billing frequency, renewal terms, and payment obligations are set out in your order form or subscription agreement. Unless that agreement says otherwise, fees are non-refundable and overdue amounts may result in interest, collection costs, or suspension of access after notice.
Availability and changes
We work to keep the services secure and available, but uninterrupted or error-free operation is not guaranteed. We may maintain, improve, replace, or discontinue features. Material commitments for paid services are governed by the applicable written agreement.
Disclaimers
To the fullest extent permitted by law, the websites and services are provided “as is” and “as available.” Milano Software disclaims implied warranties, including merchantability, fitness for a particular purpose, title, and non-infringement. The services do not constitute legal, financial, medical, or accounting advice.
Limitation of liability
To the fullest extent permitted by law, Milano Software will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, goodwill, or data. Unless a written agreement provides otherwise, our aggregate liability relating to the services will not exceed the fees paid for the affected services during the twelve months before the event giving rise to the claim.
Indemnity
You agree to defend and indemnify Milano Software and Milano Computer Systems Inc. against third-party claims, losses, and reasonable costs arising from your unlawful use of the services, your content, or your violation of these terms, except to the extent caused by our own breach or misconduct.
Suspension and termination
We may suspend or terminate access when required by law, to protect the services or other users, for non-payment, or for a material breach that is not remedied within a reasonable period. On termination, your right to use the services ends, while provisions intended to survive will remain in effect.
Governing law
Unless your written agreement states otherwise, these terms are governed by the laws of Ontario and the federal laws of Canada applicable there, without regard to conflict-of-law rules. The courts located in Ontario will have exclusive jurisdiction, subject to any mandatory rights that apply where you live.
Changes to these terms
We may update these terms to reflect changes in our services, business, or legal obligations. The updated version will be posted on this page with a revised effective date. Continued use after an update takes effect constitutes acceptance where permitted by law.
Contact us
Questions about these terms can be directed to Milano Software using the details below.
