Terms of Service
The rules for using Booka Crew, booking services, payments, disputes, and platform responsibilities.
BOOKA CREW LLC
TERMS OF SERVICE AGREEMENT
Effective Date: [Feb 10, 2026]
Last Updated: [Feb 10, 2026]
SECTION 1 — PLATFORM ROLE & MARKETPLACE STRUCTURE
1.1 Platform Role
Booka Crew LLC ("Booka Crew," "Company," "we," "our," or "us") operates as a technology marketplace platform that connects customers with independent service providers for manual labor and related services. Booka Crew also provides optional business management software tools that providers may use to manage their own business operations, employees, scheduling, tasks, and payments. Booka Crew does not perform physical labor and does not provide the services offered by providers.
1.2 Independent Service Providers
All service providers using the platform operate independent businesses. Providers are solely responsible for their services, employees, work methods, tools, scheduling, pricing, licensing, legal compliance, and any insurance required by applicable law or necessary for their business operations. Booka Crew may request proof of insurance for certain service categories but does not guarantee, verify, or warrant the adequacy, validity, or sufficiency of any provider's insurance coverage.
Nothing in these Terms creates an employment, partnership, joint venture, or agency relationship between Booka Crew and any provider.
1.3 No Employment or Control
Booka Crew does not direct, supervise, or control the manner, method, or means by which services are performed. Providers independently determine how, when, and where services are carried out and are solely responsible for managing their own business operations, workers, and performance. Booka Crew's role is limited to enforcing platform rules, addressing misconduct, and maintaining marketplace standards, which does not constitute control over labor or create an employment relationship.
1.4 Marketplace Relationship and Recommendations
Booka Crew is not a party to agreements between customers and providers. Any service contract formed through the platform is solely between the customer and the provider. Customers select and hire providers at their own discretion and risk.
Rankings, ratings, recommendations, and visibility of providers may be determined through platform data, user feedback, automated systems, or manual evaluation. Such rankings or recommendations are informational only and do not constitute certification, endorsement, or a guarantee of quality, safety, legality, or performance.
1.5 Payment Facilitation
Booka Crew facilitates payments through a third-party payment processor (such as Stripe Connect). Charges may occur at booking, on the scheduled service date, or as otherwise disclosed. Funds may be temporarily held, released to providers, refunded, or reversed in accordance with Booka Crew's Payment, Cancellation, and Dispute Policies.
Booka Crew does not pay wages or salaries, does not act as a financial institution, bank, trustee, or fiduciary except as required by applicable law, and does not guarantee provider earnings. Providers are responsible for any negative balances that may arise in their payment accounts due to refunds, reversals, disputes, or chargebacks.
1.6 On-Platform Transactions Requirement
All services arranged, initiated, booked, or managed through the Booka Crew platform must be paid for through the platform's authorized payment system. Users agree not to circumvent the platform by arranging or accepting payment outside of Booka Crew for services initiated through the platform.
Booka Crew is not responsible for any disputes, losses, damages, or issues arising from off-platform transactions, and platform protections may not apply in such cases. Circumventing the platform may result in enforcement actions, including warnings, suspension, or account removal.
1.7 Limited Role in Disputes
Booka Crew may review disputes and determine financial outcomes in accordance with platform policies and may exercise reasonable discretion when applying those policies. This dispute role is limited to facilitating payment resolution and does not make Booka Crew a party to the underlying service, nor does it create responsibility for the quality, safety, legality, or outcome of services performed by providers.
1.8 No Guarantee of Services
Booka Crew does not guarantee the quality, safety, legality, reliability, availability, or performance of any provider or service. Booka Crew is not responsible for any acts, omissions, negligence, misconduct, damages, or losses arising from services performed by providers. Use of the platform and engagement with providers is at the user's own risk.
1.9 Vetting Disclaimer
References to "vetted" or similar terminology mean only that a provider has met certain platform onboarding or eligibility requirements. Vetting does not constitute certification, endorsement, licensing verification, background clearance, or a guarantee of quality, safety, reliability, or legal compliance.
1.10 Platform Provided "As-Is"
The platform and all related software and services are provided on an "as-is" and "as-available" basis. Booka Crew does not guarantee uninterrupted access, error-free operation, data accuracy, or system availability.
1.11 No Regulatory Responsibility
Booka Crew does not supervise, inspect, or monitor all services and does not guarantee that providers comply with all applicable laws, regulations, or licensing requirements. Providers are solely responsible for their own legal and regulatory compliance.
1.12 Right to Modify Platform
Booka Crew reserves the right to modify, update, suspend, or discontinue any part of the platform, features, policies, or requirements at any time. Continued use of the platform after such changes constitutes acceptance of those changes.
SECTION 2 — ACCEPTANCE OF TERMS & ACCOUNT RULES
2.1 Acceptance of Terms
By creating an account, accessing, or using the Booka Crew platform, you agree to be bound by these Terms of Service and all referenced policies. If you do not agree, you may not use the platform.
2.2 Eligibility and Age Requirement
The platform is intended only for individuals who are at least eighteen (18) years of age and legally capable of entering into binding contracts. By creating an account, users represent and warrant that they meet this requirement. Booka Crew may suspend or terminate accounts found to be under the required age.
2.3 Account Registration and Responsibility
Users must provide accurate, truthful, and current information when creating an account. Users are responsible for maintaining the confidentiality and security of their login credentials and for all activities that occur under their account. Users agree not to share accounts or allow unauthorized access.
Providing false, misleading, or fraudulent information may result in suspension, freezing, or removal of the account at Booka Crew's discretion.
2.4 Provider Verification and Approval
Service providers must complete identity and business verification and be approved by Booka Crew before accessing or offering services through the marketplace. Booka Crew may approve, deny, revoke, or reassess provider access at its discretion.
In certain cases, Booka Crew may issue invitation access that allows expedited approval; however, providers remain subject to all platform requirements and may be reviewed, restricted, or removed at any time.
2.5 Linked and Multiple Accounts
Multiple accounts may be associated with a single company or organization where permitted by the platform. Accounts are non-transferable and may not be sold, reassigned, or transferred without Booka Crew's permission. Users may not create or use multiple accounts to bypass restrictions, evade enforcement, manipulate the platform, or engage in abusive behavior.
If a company or organization is suspended or removed, Booka Crew may suspend, restrict, or remove all associated accounts.
2.6 Fraud, False Information, and Misuse
Users may not provide false identity, business, or payment information; impersonate any person or entity; use unauthorized payment methods; misrepresent qualifications or services; or create accounts for fraudulent or deceptive purposes.
Booka Crew may investigate suspected violations and may suspend, freeze, restrict, or terminate accounts during investigation.
2.7 Suspension, Removal, and Account Freezing
Booka Crew reserves the right, at its sole discretion, to suspend, restrict, freeze, or permanently remove any account for violations of these Terms, platform policies, suspected fraud, abuse, or other conduct deemed harmful to the platform or its users. Such actions may occur with or without prior notice.
Enforcement may include warnings, suspension, or permanent removal depending on the circumstances.
2.8 Permanent Bans and Reinstatement
Accounts that are permanently removed may only be reinstated at Booka Crew's sole discretion. Attempts to create new accounts after removal may result in additional enforcement actions.
2.9 Data Retention
Booka Crew may retain account information, records, and related data as required for legal, security, fraud prevention, operational, or business purposes, even after account suspension or termination, in accordance with applicable law and the Privacy Policy.
2.10 Automated and Manual Enforcement
Booka Crew may use automated systems, manual review, or a combination of both to detect, investigate, and enforce violations of these Terms and platform policies.
2.11 Cooperation in Investigations
Users are encouraged to cooperate in platform investigations. Failure to cooperate may affect the resolution of disputes or enforcement outcomes.
2.12 Right to Refuse Service
Booka Crew reserves the right to refuse service to any person or entity for any lawful reason, at its sole discretion.
SECTION 3 — PAYMENTS, CANCELLATIONS, REFUNDS & DISPUTES
3.1 Payment Authorization and Processing
By booking a service through the platform, customers authorize Booka Crew to charge the selected payment method for applicable service fees. Payment information may be stored securely for authorized future transactions. Charges may occur on the scheduled service date or as otherwise disclosed at checkout.
If a payment attempt fails, the job may be placed in a pending state until payment is successfully processed. Booka Crew is not responsible for delays, cancellations, or service issues resulting from failed or declined payments.
3.2 Authorization, Capture, and Payout
Payments may be processed using an authorization and capture method. Funds may be temporarily held, captured following job completion, and distributed in accordance with platform policies. If a customer does not mark a job as completed, the platform may automatically mark the job complete after a defined period.
Provider payouts may be delayed following job completion to allow for review and dispute handling. Platform fees may be deducted prior to provider payout.
3.3 Platform Fees
Booka Crew may charge a platform service fee based on job size or other disclosed criteria. Platform fees may be deducted from payments before provider payout. Platform fees may be refunded at Booka Crew's discretion in accordance with platform policies.
3.4 Cancellation Policy
Customers may cancel a booking within five (5) minutes without charge. Cancellations made after this period may incur a cancellation fee. The standard cancellation fee is ten dollars ($10), unless otherwise disclosed.
If a provider cancels a job, no cancellation fee will be charged to the customer. Booka Crew may waive cancellation fees at its discretion.
3.5 Refunds
Refunds may be issued in full, in part, or in the form of platform credit, depending on the circumstances and in accordance with platform policies. Refunds are not guaranteed and may be subject to verification, review, and applicable limitations.
The maximum refund issued shall not exceed the total amount paid for the applicable job unless otherwise required by law.
3.6 Disputes and Evidence
Disputes must be submitted within the designated dispute window following job completion. Booka Crew may extend this window at its discretion. Disputes must be supported by relevant evidence submitted through the platform, including in-app messaging, logs, or images. Evidence from external sources may not be considered.
Booka Crew may review disputes, request additional information, and determine outcomes in accordance with platform policies and reasonable discretion.
3.7 Payment Holds and Reversals
During a dispute, Booka Crew may temporarily hold funds, delay payouts, or prevent withdrawal of funds as permitted by the payment processor. Booka Crew may reverse or adjust payments, including after payout, when necessary to resolve disputes, refunds, or chargebacks.
3.8 Negative Balances and Provider Responsibility
Providers are responsible for any negative balances in their payment accounts resulting from refunds, reversals, disputes, or chargebacks. Failure to resolve negative balances may result in account suspension or removal. Booka Crew does not guarantee provider payout or protection from financial loss.
3.9 Chargebacks and Payment Processor Rules
All payment processing is subject to the rules and requirements of the payment processor and applicable card networks. In the event of a chargeback or financial dispute initiated through a bank or card issuer, funds may be recovered or reversed in accordance with processor rules. Booka Crew is not responsible for unrecoverable losses beyond amounts under its control.
3.10 Payment Disclaimer
Booka Crew is not a bank, financial institution, trustee, or guarantor of payment transactions. Booka Crew does not guarantee successful payment processing, transaction completion, or provider earnings. Payment processing is conducted through third-party providers and is subject to their terms and applicable law.
3.11 No Escrow or Fiduciary Relationship
Booka Crew is not an escrow agent, trustee, or fiduciary for any user. Any temporary holding, delay, or routing of funds occurs solely as part of payment processing and dispute resolution through third-party payment providers. Booka Crew does not hold funds in trust for customers or providers and does not assume fiduciary responsibility for any transactions conducted through the platform.
SECTION 4 — LIMITATION OF LIABILITY & INDEMNIFICATION
4.1 Use of Platform at Your Own Risk
Use of the Booka Crew platform and any services arranged through it is at your own risk. Booka Crew provides a technology marketplace only and does not perform services, control providers, or guarantee outcomes. To the fullest extent permitted by law, Booka Crew is not responsible for the actions, omissions, performance, conduct, or legality of any users, providers, or third parties.
4.2 Disclaimer of Warranties
The platform and all related services are provided on an "as-is" and "as-available" basis without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, reliability, availability, or accuracy. Booka Crew does not warrant that the platform will be uninterrupted, secure, error-free, or free from defects, nor that services arranged through the platform will meet user expectations.
4.3 Limitation of Liability
To the fullest extent permitted by law, Booka Crew shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, loss of business, loss of data, business interruption, reputational harm, or emotional distress, arising out of or related to the use of the platform, services, or any interactions between users, even if Booka Crew has been advised of the possibility of such damages.
4.4 Liability Cap
To the fullest extent permitted by law, the total liability of Booka Crew for any claim arising out of or relating to the platform, services, or these Terms shall not exceed the greater of (a) five hundred dollars (USD $500), or (b) the total amount paid by the claimant to Booka Crew through the platform during the twelve (12) months preceding the event giving rise to the claim.
4.5 No Liability for User Conduct or Services
Booka Crew shall not be responsible for any damages, injuries, losses, or claims arising from services performed by providers, interactions between users, or any user conduct on or off the platform. Providers are independent businesses, and customers engage providers at their own risk.
4.6 Third-Party Services and Systems
Booka Crew shall not be liable for any failures, errors, or damages caused by third-party services, including but not limited to payment processors, financial institutions, hosting providers, infrastructure services, communication systems, or external integrations. Use of such services is subject to their respective terms and conditions.
4.7 Platform Availability and Technical Issues
Booka Crew does not guarantee continuous, secure, or error-free operation of the platform. Booka Crew shall not be liable for any losses or damages resulting from platform downtime, interruptions, delays, data loss, system failures, security incidents, or technical malfunctions.
4.8 Payment and Financial Disclaimer
Booka Crew is not a bank, financial institution, trustee, escrow agent, or guarantor of payment. Booka Crew does not guarantee payment processing, transaction completion, financial outcomes, or provider earnings. Payment processing is handled by third-party providers and is subject to their rules and applicable law.
4.9 Indemnification
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Booka Crew LLC and its owners, officers, employees, contractors, affiliates, partners, and agents from and against any claims, demands, liabilities, damages, losses, costs, fines, penalties, or expenses (including reasonable attorneys' fees) arising out of or related to:
- Your use or misuse of the platform
- Your violation of these Terms or platform policies
- Your violation of any law or regulation
- Your fraud, misconduct, or negligent acts
- Services performed by you (if you are a provider)
- Disputes between users
- Payment disputes, chargebacks, or financial obligations
- Injuries, damages, or losses caused by your actions
Booka Crew reserves the right to control the defense and settlement of any claim subject to indemnification, and you agree to cooperate in such defense.
4.10 Survival of Liability Protections
All limitations of liability, disclaimers, and indemnification obligations in these Terms shall survive termination, suspension, or expiration of your account or use of the platform.
4.11 Legal Exceptions
Nothing in these Terms shall limit or exclude liability where such limitation is prohibited by applicable law, including liability for gross negligence, intentional misconduct, or other non-waivable legal rights.
SECTION 5 — USER CONDUCT & PROHIBITED ACTIVITIES
5.1 Lawful Use of the Platform
Users agree to use the Booka Crew platform solely for lawful purposes and in compliance with these Terms of Service and all applicable laws and regulations. Users shall not use the platform in any manner that could damage, disable, overburden, impair, or interfere with the operation, security, or integrity of the platform or its systems.
5.2 Prohibited Conduct
Users shall not engage in unlawful, fraudulent, deceptive, or harmful conduct while using the platform. Prohibited conduct includes, without limitation, providing false or misleading information, impersonating any person or entity, engaging in fraud or financial misuse, using stolen or unauthorized payment methods, misrepresenting identity, qualifications, or services, manipulating ratings or platform systems, creating multiple accounts to evade enforcement, or engaging in harassment, threats, abuse, discrimination, or unsafe behavior. Users shall not use the platform for illegal, harmful, or unauthorized purposes.
5.3 Platform Integrity and Security
Users shall not attempt to disrupt, damage, interfere with, or gain unauthorized access to the platform, its systems, accounts, or data. Prohibited actions include attempting to hack, probe, scan, reverse engineer, decompile, or otherwise attempt to extract platform technology or data; introducing malicious software; interfering with platform operations; or attempting to access accounts or systems without authorization. Booka Crew reserves the right to investigate and take action against any activity that threatens the integrity, security, or proper functioning of the platform.
5.4 Automated Access and Data Protection
Users shall not use automated systems, bots, scraping tools, scripts, or other unauthorized means to access, copy, extract, harvest, or collect data from the platform. Unauthorized data mining, commercial reuse, or competitive use of platform information is prohibited.
5.5 Off-Platform Circumvention
Users shall not attempt to bypass the platform by arranging services, payments, or transactions outside of Booka Crew for services initiated through the platform. Circumventing the platform undermines platform protections and may result in enforcement action, including suspension or termination of accounts.
5.6 User Responsibility and Safety
Users are solely responsible for their conduct on and off the platform. Booka Crew does not supervise all user activity and shall not be responsible for the behavior, actions, safety, or legality of users. Users agree to act responsibly and avoid conduct that may cause harm, damage, or legal violations.
5.7 Financial Misuse and Fraud Prevention
Users shall not engage in payment fraud, chargeback abuse, unauthorized transactions, or any form of financial misuse. Booka Crew may monitor transactions, investigate suspicious activity, delay or restrict access, freeze accounts, or take enforcement action when necessary to prevent fraud or protect the platform.
5.8 Monitoring and Communications
Users acknowledge and agree that Booka Crew may monitor, review, and analyze platform activity, communications, and data for purposes including security, fraud prevention, dispute resolution, enforcement, and operation of the platform. Except where prohibited by law, users should have no expectation of privacy in communications or content transmitted through the platform.
5.9 Reporting and Cooperation
Booka Crew reserves the right to investigate suspected violations of these Terms and may report illegal, fraudulent, or harmful activity to appropriate authorities when necessary. Users agree to cooperate in platform investigations and provide accurate and complete information when requested.
5.10 Enforcement and Platform Action
Booka Crew may, at its sole discretion, investigate suspected violations and take appropriate enforcement action, including issuing warnings, restricting access, suspending accounts, freezing accounts, or permanently removing users from the platform. Enforcement actions may occur with or without prior notice.
5.11 No Platform Liability for Misuse
To the fullest extent permitted by law, Booka Crew shall not be responsible for any damages, losses, or claims arising from user misconduct, illegal activity, fraud, abuse, or misuse of the platform. Users remain solely responsible for their actions and any consequences resulting from their conduct.
SECTION 6 — PROVIDER TERMS & RESPONSIBILITIES
6.1 Independent Business Status
Service providers using the Booka Crew platform operate as independent businesses and are not employees, agents, partners, or representatives of Booka Crew LLC. Providers retain full control over the manner, method, means, scheduling, pricing, tools, equipment, personnel, and performance of their services. Nothing in these Terms shall be interpreted as creating an employment, joint venture, partnership, or agency relationship between Booka Crew and any provider.
6.2 Provider Responsibility for Services
Providers are solely responsible for the quality, safety, legality, and performance of all services they offer or perform. Providers assume full responsibility for any damages, losses, injuries, claims, or disputes arising from their services, including but not limited to property damage, personal injury, negligence, misconduct, or failure to perform services as agreed. Booka Crew does not supervise or control how services are performed and is not responsible for the outcome of any service.
6.3 Licensing and Legal Compliance
Providers agree to comply with all applicable laws, regulations, and licensing requirements relevant to the services they offer. Providers are responsible for maintaining any licenses, permits, registrations, or certifications required by law. Booka Crew may request documentation or verification of compliance but does not guarantee, verify, or assume responsibility for a provider's legal or regulatory compliance.
6.4 Insurance Requirements
Providers are responsible for maintaining any insurance required by applicable law or reasonably required for the nature of their services. Booka Crew may require proof of insurance for certain service categories. Booka Crew does not guarantee, verify, or warrant the adequacy, validity, or sufficiency of any provider's insurance coverage and assumes no liability related to such coverage.
6.5 Employees, Subcontractors, and Workers
Providers are solely responsible for all individuals they engage, including employees, subcontractors, assistants, or workers. Providers assume full responsibility for wages, payroll, taxes, benefits, worker safety, labor law compliance, and any obligations arising from their workforce. Booka Crew is not an employer and assumes no responsibility for provider personnel or workforce-related matters.
6.6 Taxes and Financial Obligations
Providers are solely responsible for all tax obligations arising from their use of the platform and the services they perform, including income taxes, payroll taxes, business taxes, and reporting of earnings. Booka Crew does not act as an employer, tax agent, or withholding authority for providers unless required by applicable law.
6.7 Platform Standards and Performance Enforcement
Providers must comply with platform rules, service standards, and applicable policies. Booka Crew may review complaints, performance history, or misconduct and may suspend, restrict, or remove providers from the platform when necessary to maintain platform integrity and user safety. Enforcement of platform standards does not constitute control over the manner or method of service performance.
6.8 No Guarantee of Jobs or Income
Booka Crew does not guarantee the availability of customers, job volume, income, profitability, or business success. Providers acknowledge that participation on the platform does not create an entitlement to work, revenue, or continued access.
6.9 No Exclusivity
Providers remain free to operate independently and may provide services through other platforms, businesses, or channels. Nothing in these Terms requires providers to work exclusively with Booka Crew.
6.10 Tools, Equipment, and Business Operations
Providers are responsible for supplying their own tools, equipment, materials, transportation, and resources necessary to perform services. Booka Crew does not provide work equipment, job sites, supervision, or operational control.
6.11 Safety and Worksite Responsibility
Providers are solely responsible for ensuring that services are performed safely and in compliance with applicable safety laws and standards. Providers assume responsibility for worksite safety, worker safety, customer safety, and compliance with applicable health and safety requirements. Booka Crew is not responsible for unsafe conditions or incidents arising from provider services.
6.12 Payment Responsibility and Financial Risk
Providers are responsible for any financial obligations related to their services, including refunds, chargebacks, reversals, disputes, or negative balances associated with their payment accounts. Booka Crew does not guarantee provider earnings or protection from financial loss.
6.13 Provider Indemnification
To the fullest extent permitted by law, providers agree to defend, indemnify, and hold harmless Booka Crew LLC and its owners, officers, employees, contractors, affiliates, partners, and agents from and against any claims, liabilities, damages, losses, costs, fines, penalties, or expenses, including reasonable attorneys' fees, arising out of or related to the provider's services, conduct, legal violations, negligence, injuries, damages, or disputes caused by the provider or their personnel.
6.14 Platform Authority Over Providers
Booka Crew reserves the right, at its sole discretion, to approve, deny, suspend, restrict, or remove providers from the platform; request verification, documentation, or compliance information; and enforce platform rules and policies as necessary to maintain platform integrity and user safety.
6.15 Vetting and Approval Disclaimer
Any reference to a provider being "approved," "vetted," or permitted to use the platform indicates only that the provider has met certain platform eligibility or onboarding requirements. Such approval does not constitute certification, endorsement, guarantee of quality, guarantee of safety, or verification of legal compliance.
SECTION 7 — INTELLECTUAL PROPERTY & PLATFORM RIGHTS
7.1 Ownership of the Platform
All rights, title, and interest in and to the Booka Crew platform, including but not limited to its software, systems, source code, object code, databases, architecture, algorithms, design, user interface, functionality, content, and overall structure, are and shall remain the exclusive property of Booka Crew LLC and its licensors. Use of the platform does not grant any ownership rights to users.
7.2 Trademarks and Branding
The name "Booka Crew," all related logos, service marks, trade names, branding, and visual elements associated with the platform are the property of Booka Crew LLC. Users may not use, reproduce, copy, imitate, or display any Booka Crew trademarks, branding, or trade identity without prior written permission.
7.3 Limited License to Use the Platform
Subject to compliance with these Terms, Booka Crew grants users a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the platform solely for its intended purposes. This license does not grant any rights to copy, modify, distribute, sell, lease, reverse engineer, or otherwise exploit any portion of the platform.
7.4 Restrictions on Use
Users shall not copy, reproduce, distribute, republish, download, display, post, transmit, create derivative works from, reverse engineer, decompile, disassemble, or otherwise attempt to extract the source code, structure, or underlying ideas of the platform. Users shall not clone, duplicate, replicate, scrape, harvest, mine, or commercially exploit the platform, its data, or its functionality, nor use the platform to build or support a competing service without prior written authorization from Booka Crew.
7.5 Data and Platform Information
All platform-generated data, analytics, system data, operational data, and marketplace information produced through the use of the platform shall remain the property of Booka Crew LLC. Users acknowledge that they do not obtain ownership rights to platform infrastructure, system data, or aggregated marketplace data.
7.6 User Content License
Users may submit, upload, transmit, or post content through the platform, including but not limited to messages, images, reviews, descriptions, and communications. By submitting such content, users grant Booka Crew a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to store, use, reproduce, display, process, and distribute such content solely for the operation, improvement, and functionality of the platform. Users retain ownership of their original content subject to this license.
7.7 Feedback and Suggestions
Any feedback, ideas, suggestions, improvements, or recommendations provided by users regarding the platform may be used by Booka Crew without restriction and without obligation of compensation. Users agree that such feedback does not create any ownership rights or claims against Booka Crew.
7.8 Prohibition on Commercial Use and Redistribution
Users shall not use the platform, its content, or its functionality for unauthorized commercial purposes, nor resell, sublicense, distribute, or otherwise transfer platform access or services without prior written authorization from Booka Crew.
7.9 API and Integration Rights
Any application programming interfaces (APIs), integrations, extensions, or technical interfaces provided by Booka Crew, whether now existing or developed in the future, shall remain the exclusive property of Booka Crew LLC. Use of such interfaces does not grant any ownership rights in platform technology or systems.
7.10 Data Use and System Improvement
Users acknowledge and agree that Booka Crew may use aggregated, anonymized, and non-personally identifiable data derived from platform usage for purposes including analytics, system improvement, security, and platform development, in accordance with applicable law and the Privacy Policy.
7.11 Copyright Compliance and Infringement
Booka Crew respects intellectual property rights and expects users to do the same. Booka Crew may remove or disable access to content that is alleged to infringe the intellectual property rights of others. Users who repeatedly infringe intellectual property rights may have their accounts suspended or terminated in accordance with applicable law.
7.12 Injunctive Relief
Users acknowledge that unauthorized use, copying, or misuse of the platform or its intellectual property may cause irreparable harm to Booka Crew. Booka Crew reserves the right to seek injunctive or equitable relief, in addition to any other remedies available at law, to prevent or stop violations of its intellectual property rights.
SECTION 8 — PRIVACY & DATA
8.1 Privacy Policy
Booka Crew LLC collects, uses, stores, and processes information in accordance with its Privacy Policy, which is incorporated into these Terms by reference. By creating an account or using the platform, users acknowledge and agree to the collection and use of information as described in the Privacy Policy.
8.2 Consent to Data Collection and Use
Users acknowledge and consent to the collection, processing, and use of information necessary for the operation of the platform, including account information, transaction data, communications, activity data, and technical data. Such information may be used for purposes including platform functionality, payment processing, fraud prevention, dispute resolution, security, customer support, service improvement, and legal compliance, in accordance with applicable law and the Privacy Policy.
8.3 Electronic Communications and Records
Users consent to receive communications from Booka Crew electronically, including notices, disclosures, agreements, updates, transaction confirmations, security alerts, and operational messages. Users agree that electronic communications and records satisfy any legal requirement that such communications be in writing.
8.4 Monitoring and Security
Users acknowledge that Booka Crew may monitor, review, and analyze platform activity, communications, and data for purposes including security, fraud prevention, dispute resolution, enforcement of platform policies, and operation of the platform, in accordance with applicable law.
8.5 Third-Party Processing and Services
Booka Crew may use third-party service providers to support platform operations, including payment processors, infrastructure providers, communication systems, analytics tools, and security services. Information may be shared with such providers as necessary for platform functionality, payment processing, fraud prevention, legal compliance, and enforcement of these Terms.
8.6 Data Retention
Booka Crew may retain account information, transaction records, communications, and related data for purposes including legal compliance, fraud prevention, dispute resolution, security, business operations, and recordkeeping, even after account suspension or termination, in accordance with applicable law and the Privacy Policy.
8.7 Data Security Disclaimer
While Booka Crew implements reasonable safeguards to protect information, the platform and its systems cannot guarantee absolute security. Users acknowledge that no method of transmission or storage is completely secure and that Booka Crew shall not be liable for unauthorized access, data loss, or security breaches beyond its reasonable control.
8.8 Cross-Border Data Processing
Users acknowledge and agree that information may be stored, processed, or transferred outside of their state, province, or country of residence, including on servers located in other jurisdictions where Booka Crew or its service providers operate. Such processing shall be conducted in accordance with applicable law and the Privacy Policy.
8.9 Legal and Fraud Disclosure
Booka Crew may disclose user information when required to do so by law, legal process, court order, subpoena, or governmental request, or when reasonably necessary to investigate fraud, enforce these Terms, protect the rights, property, or safety of Booka Crew, its users, or others, or comply with legal obligations.
8.10 Account Security Responsibility
Users are responsible for maintaining the confidentiality and security of their account credentials and for all activities conducted under their account. Users agree to notify Booka Crew promptly of any unauthorized access, security incident, or suspected misuse of their account.
8.11 Business Transfers
In the event of a merger, acquisition, restructuring, or sale of assets, user information may be transferred as part of the business transaction, subject to applicable law and privacy protections.
8.12 Technical and Log Data
Booka Crew may collect technical and operational data, including device information, IP address, usage logs, timestamps, and system metadata, for purposes including security, fraud detection, diagnostics, analytics, and platform improvement.
8.13 No Sale of Personal Information
Booka Crew does not sell personal information. Information is used solely for platform operations, payment processing, security, fraud prevention, legal compliance, and related business purposes, as described in the Privacy Policy.
8.14 Children and Age Restrictions
The platform is intended for individuals who are at least eighteen (18) years of age. Booka Crew does not knowingly collect personal information from individuals under the age of eighteen. Accounts found to be associated with underage users may be suspended or removed.
8.15 Data Accuracy
Users are responsible for providing accurate, current, and complete information. Booka Crew is not responsible for issues arising from inaccurate, outdated, or incomplete information provided by users.
8.16 User Rights and Requests
User rights regarding access to, correction of, or deletion of personal information are described in the Privacy Policy. Users may submit requests in accordance with applicable law and platform procedures.
SECTION 9 — TERMINATION & ACCOUNT EFFECTS
9.1 Right to Suspend or Terminate
Booka Crew reserves the right, at its sole discretion, to suspend, restrict, freeze, or terminate any account or access to the platform at any time, with or without prior notice, for any lawful reason, including but not limited to violations of these Terms, fraud, illegal activity, misconduct, or behavior deemed harmful to the platform or its users.
9.2 Immediate Termination for High-Risk Conduct
Booka Crew may immediately suspend or terminate accounts involved in fraud, illegal activity, threats, financial misuse, platform abuse, or conduct posing risk to the platform, its users, or third parties.
9.3 User-Initiated Termination
Users may discontinue use of the platform or request account closure at any time. Termination of an account does not relieve users of obligations incurred prior to termination, including payment obligations, dispute resolution, or compliance with these Terms.
9.4 Effect of Termination
Upon termination, users may lose access to the platform, accounts, services, and features. Booka Crew is not obligated to maintain access to data, communications, or records after termination, except as required by law or platform policy.
9.5 Outstanding Obligations
Termination does not extinguish outstanding obligations. Users remain responsible for any payments, chargebacks, refunds, liabilities, disputes, or legal obligations arising prior to termination.
9.6 Pending Transactions and Disputes
Booka Crew may continue to process, investigate, or resolve pending transactions, disputes, chargebacks, or financial matters after account termination. Funds may be held, adjusted, or distributed in accordance with platform policies and applicable law.
9.7 Data Retention After Termination
Booka Crew may retain account information, transaction records, communications, and related data after termination for purposes including legal compliance, fraud prevention, dispute resolution, security, and business recordkeeping, in accordance with applicable law and the Privacy Policy.
9.8 Reinstatement
Reinstatement of terminated accounts is at the sole discretion of Booka Crew. Users have no guaranteed right to restoration of access.
9.9 No Guarantee of Data Recovery
Booka Crew does not guarantee recovery, restoration, or continued availability of user data following termination.
9.10 Continued Enforcement
Booka Crew reserves the right to pursue enforcement of obligations, recovery of losses, and legal remedies after termination, including recovery of unpaid balances, fraud-related losses, or other liabilities.
9.11 No Liability for Termination
To the fullest extent permitted by law, Booka Crew shall not be liable for any damages, losses, lost income, lost opportunities, or claims arising from suspension, restriction, or termination of an account or access to the platform.
9.12 Survival
All provisions of these Terms that by their nature should survive termination shall remain in effect, including but not limited to liability limitations, indemnification, payment obligations, intellectual property protections, dispute provisions, and legal terms.
SECTION 10 — DISPUTE RESOLUTION, ARBITRATION, AND GOVERNING LAW
10.1 Governing Law
These Terms and any dispute, claim, or controversy arising out of or relating to the platform or these Terms shall be governed by and construed in accordance with the laws of the State of Montana, without regard to conflict of law principles.
10.2 Informal Dispute Resolution
Before initiating arbitration or legal proceedings, the parties agree to attempt to resolve any dispute informally. A party must provide written notice describing the nature of the dispute and the requested resolution. The parties agree to engage in good faith efforts to resolve the dispute for at least thirty (30) days before initiating arbitration or other proceedings.
10.3 Agreement to Arbitrate
Except as otherwise provided in these Terms, any dispute, claim, or controversy arising out of or relating to these Terms, the platform, or the use of the platform, including claims based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, shall be resolved exclusively through binding arbitration on an individual basis and not in a court of law.
10.4 Arbitration Procedure
Arbitration shall be conducted by a recognized arbitration provider under its applicable rules, as modified by these Terms. Arbitration may be conducted remotely, by written submissions, or in a mutually agreed location. The arbitration shall be conducted on an individual basis, and the arbitrator shall have authority to grant any relief available under applicable law, subject to the limitations set forth in these Terms.
10.5 Class Action and Collective Waiver
To the fullest extent permitted by law, all disputes shall be resolved on an individual basis only. Users waive any right to participate in a class action, collective action, consolidated action, or representative proceeding, whether in arbitration or in court. The arbitrator shall not have authority to hear or arbitrate any class, collective, or representative claim.
10.6 No Class Arbitration
Arbitration shall be conducted solely on an individual basis. Multiple claims may not be consolidated, joined, or arbitrated together without the express written consent of Booka Crew.
10.7 Arbitration Survival
This arbitration agreement shall survive termination of the account, termination of these Terms, and termination of use of the platform.
10.8 Arbitration Confidentiality
All arbitration proceedings, including any documents, evidence, filings, and decisions, shall remain confidential to the fullest extent permitted by law, except as necessary to enforce an arbitration award or comply with legal obligations.
10.9 Costs of Arbitration
Each party shall bear its own costs and expenses related to arbitration unless otherwise required by applicable law or determined by the arbitrator. The arbitrator may award costs or fees as permitted by law and these Terms.
10.10 Attorney's Fees
To the fullest extent permitted by law, the prevailing party in any dispute or proceeding arising out of or relating to these Terms may be entitled to recover reasonable attorneys' fees and costs, as determined by the arbitrator or court.
10.11 Injunctive Relief Exception
Notwithstanding the foregoing arbitration requirements, Booka Crew may seek injunctive or equitable relief in a court of competent jurisdiction to prevent or stop unauthorized use of the platform, intellectual property infringement, fraud, unauthorized access, or conduct threatening the platform or its users.
10.12 Limitation on Injunctive Relief Against Platform
To the fullest extent permitted by law, users agree that any relief sought shall be limited to the individual user and shall not extend to the platform or other users. Users waive any right to seek or obtain system-wide or public injunctive relief against Booka Crew, except where prohibited by law.
10.13 Time Limitation on Claims
To the fullest extent permitted by law, any claim or cause of action arising out of or relating to these Terms or the platform must be filed within one (1) year after the claim arises, or such claim shall be permanently barred.
10.14 Small Claims Exception
Either party may bring an individual action in a court of competent jurisdiction for qualifying small claims matters, provided such action remains on an individual basis and does not involve class or representative claims.
10.15 Mass Arbitration and Filing Abuse
If multiple similar claims are filed against Booka Crew by the same or coordinated parties, the arbitration provider may administer the claims in batches or consolidated procedures as permitted by its rules, in order to prevent abusive or excessive filings and ensure fair and efficient resolution.
10.16 Venue for Non-Arbitrable Claims
If any claim is determined to be non-arbitrable, such claim shall be brought exclusively in the state or federal courts located within the State of Montana, and the parties consent to the personal jurisdiction and venue of such courts.
10.17 Waiver of Jury Trial
To the fullest extent permitted by law, the parties waive any right to a trial by jury in any legal proceeding arising out of or relating to these Terms or the platform.
10.18 Limitation of Damages
Any recovery in arbitration or court shall be subject to the limitations of liability and damages set forth elsewhere in these Terms, including limitations on punitive, indirect, consequential, or special damages.
10.19 Severability of Arbitration Provision
If any portion of this arbitration provision is found to be invalid or unenforceable, the remaining portions shall remain in full force and effect to the fullest extent permitted by law.
SECTION 11 — GENERAL LEGAL TERMS
11.1 Entire Agreement
These Terms, together with all policies and documents incorporated by reference, including the Privacy Policy and any applicable platform policies, constitute the entire agreement between you and Booka Crew LLC regarding the platform and supersede all prior or contemporaneous agreements, communications, proposals, and understandings, whether written or oral, relating to the platform.
11.2 Amendments and Updates
Booka Crew may modify, update, or replace these Terms at any time in its sole discretion. Updated Terms become effective upon posting or upon other notice provided by Booka Crew. Continued use of the platform after updated Terms become effective constitutes acceptance of the updated Terms. If you do not agree to updated Terms, you must discontinue use of the platform.
11.3 Assignment
You may not assign, transfer, or delegate any rights or obligations under these Terms without prior written consent from Booka Crew. Booka Crew may assign, transfer, or delegate these Terms and its rights and obligations, in whole or in part, without restriction, including in connection with a merger, acquisition, restructuring, financing, or sale of assets.
11.4 Severability
If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect to the fullest extent permitted by law. Any invalid provision shall be modified to the minimum extent necessary to make it enforceable while preserving the original intent.
11.5 Waiver
No failure or delay by Booka Crew in exercising any right, power, or remedy under these Terms shall operate as a waiver of such right, power, or remedy. Any waiver must be in writing and signed by Booka Crew. A waiver of any breach shall not constitute a waiver of any subsequent breach.
11.6 No Third-Party Beneficiaries
Except as expressly stated in these Terms, these Terms do not create any third-party beneficiary rights. The protections and limitations set forth in these Terms extend to Booka Crew LLC and its owners, officers, employees, contractors, affiliates, partners, and agents.
11.7 Relationship of the Parties
Nothing in these Terms creates or shall be construed as creating any partnership, joint venture, agency, fiduciary, franchise, or employment relationship between Booka Crew and any user or provider. All parties operate independently and are solely responsible for their own obligations and conduct.
11.8 Force Majeure
Booka Crew shall not be liable for any delay, interruption, or failure to perform resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, severe weather, fire, flood, war, terrorism, civil unrest, labor disputes, power outages, internet or communications failures, governmental actions, supply chain disruptions, or failures of third-party service providers.
11.9 Notices and Communications
Booka Crew may provide notices electronically, including by email, platform notification, or posting within the platform. Notices are deemed effective when sent or posted. Users are responsible for maintaining accurate contact information and for monitoring communications related to their account and use of the platform.
11.10 Interpretation and Construction
Headings are for convenience only and do not affect interpretation. The terms "including," "such as," and similar language are illustrative and not limiting. These Terms shall not be construed against Booka Crew as the drafter.
11.11 Compliance With Laws and Sanctions
Users agree to comply with all applicable laws, regulations, and legal obligations in connection with their use of the platform. Users may not use the platform in violation of U.S. export control laws, sanctions laws, or to support prohibited transactions or restricted parties.
11.12 Reservation of Rights
All rights not expressly granted to users are reserved by Booka Crew. Unauthorized use of the platform may result in enforcement action and any other remedies available at law or in equity.
11.13 Survival
Any provisions of these Terms that by their nature should survive termination shall survive, including but not limited to provisions relating to liability limitations, indemnification, dispute resolution, intellectual property, payment obligations, enforcement rights, and any other provisions intended to remain enforceable after termination.
11.14 No Reliance
Users acknowledge that they have not relied on any representation, statement, promise, or assurance not expressly set forth in these Terms in deciding to use the platform.
11.15 Electronic Execution and Acceptance
Users agree that electronic acceptance of these Terms constitutes a legally binding agreement. Electronic records and signatures shall have the same force and effect as physical signatures to the fullest extent permitted by law.
11.16 Cumulative Remedies
All rights and remedies available to Booka Crew under these Terms or applicable law are cumulative and may be exercised independently or together. The exercise of any one remedy shall not limit the availability of any other remedy.
11.17 Equitable Relief
Users acknowledge that violations of these Terms may cause irreparable harm for which monetary damages may be insufficient. Booka Crew may seek injunctive or equitable relief in addition to any other remedies available at law.
11.18 Counterparts and Electronic Form
These Terms may exist and be accepted in electronic form and shall be deemed valid and enforceable without physical signatures. Electronic versions constitute the original agreement.
11.19 No Strict Construction
These Terms shall be interpreted fairly and not strictly for or against either party, regardless of which party drafted the Terms.
SECTION 12 — CONTACT INFORMATION & LEGAL NOTICES
12.1 Legal Entity
The platform is operated by Booka Crew LLC.
12.2 Contact Information
Users may contact Booka Crew for general inquiries through the platform or designated contact channels.
12.3 Legal Notices
Formal legal notices, including dispute notices under Section 10, must be provided in writing and delivered through the contact method designated by Booka Crew. Electronic notice may be used where permitted by law.
12.4 Electronic Communications
Users agree that Booka Crew may provide legal notices electronically, including through email or platform notification, and such notice shall be deemed effective when sent.
SECTION 13 — EFFECTIVE DATE & ACCEPTANCE
13.1 Effective Date
These Terms are effective as of the date posted and apply to all use of the platform from that date forward.
13.2 Acceptance of Terms
By accessing, creating an account, or using the platform, users acknowledge that they have read, understood, and agree to be bound by these Terms and all incorporated policies. Electronic acceptance constitutes a legally binding agreement to the fullest extent permitted by law.
BETA / EARLY-ACCESS DISCLAIMER
The platform or certain features may be designated as beta, testing, or early-access. Such features may be incomplete, unstable, or subject to errors, interruptions, or changes. Booka Crew does not guarantee availability, reliability, performance, or functionality of beta features and may modify, suspend, or discontinue them at any time without notice. Users acknowledge that use of beta or early-access features is at their own risk and that such features are provided on an "as-is" and "as-available" basis, subject to the limitations of liability set forth in these Terms.