Terms of Service

Operator means any individual or business entity that creates an account for the Service to manage a rental business.

“End Customer” means any person who books, rents, or otherwise engages with an Operator through the Service, including by completing booking forms, signing rental agreements, or making payments.

“Content” means any data, text, images, photos, videos, or other materials uploaded to or generated through the Service.

Plan means the access tier assigned to or selected by an Operator, which determines the features, limits, and any fees applicable to the Operator's use of the Service.

To use the Service as an Operator, you must create an account and provide accurate, current, and complete information. You must be at least 18 years of age and have the legal authority to enter into these Terms on behalf of yourself or the business entity you represent. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

Booking Pirate provides a cloud-based software platform for businesses that rent products, equipment, vehicles, or other inventory. The Service may include, but is not limited to, the following features: online booking and reservation management; inventory and asset tracking; customer relationship management; digital agreement collection and storage; delivery and pickup planning; payment processing through integrated third-party providers; website and booking page generation; automated communications including email and SMS notifications; reporting and analytics; and any additional features we may introduce from time to time.

Feature availability may vary by Plan. We reserve the right to modify, add, or remove features at any time, with reasonable notice to affected Operators.

Booking Pirate currently includes all operational product features and unlimited usage at no charge. The optional paid Booking Pirate Support subscription provides private tracked support, attachments, request history, and priority response; it does not unlock software capability.

By selecting Booking Pirate Support, you agree to pay the published monthly or yearly fee. Cancelling or failing to renew ends paid support access only and does not disable your booking business. Fees are non-refundable except as expressly stated in these Terms or as required by applicable law.

You are responsible for any taxes applicable to your use of the Service.

We may offer support trials or promotional pricing at our discretion. Promotional terms will be described in the applicable offer. Free product access will not become a paid subscription without notice and any necessary billing authorization.

The Service integrates with Stripe and potentially other third-party payment processors to facilitate payment collection between Operators and End Customers. When you enable payment processing through the Service, you agree to be bound by the applicable payment processor’s terms of service (including, where applicable, the Stripe Connected Account Agreement).

Booking Pirate is not a payment processor and does not hold, control, or have custody of funds collected through third-party payment integrations. We are not responsible for any errors, failures, or disputes arising from payment processing. Transaction fees charged by the payment processor are separate from any Booking Pirate platform fees.

Operators are solely responsible for managing refunds, chargebacks, and payment disputes with their End Customers through the applicable payment processor.

The Service provides tools for Operators to create, distribute, and collect digital rental agreements, acknowledgments, and related documents from End Customers. Operators are solely responsible for the content, legal sufficiency, and enforceability of documents created or collected through the Service. Booking Pirate does not provide legal advice and makes no representation that a template or collected agreement will be legally enforceable in any jurisdiction.

Operators are strongly encouraged to consult with a qualified attorney to ensure their rental documents comply with applicable local, state, and federal laws. Booking Pirate stores collected documents on behalf of Operators but assumes no liability for their legal validity.

The Service enables Operators to send automated email and SMS communications to End Customers, including booking confirmations, reminders, and follow-ups. Operators are solely responsible for ensuring that their use of these communication features complies with all applicable laws, including the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, and any applicable state laws governing electronic communications. Operators must obtain all necessary consents from End Customers before sending automated communications.

Booking Pirate provides the tools to facilitate these communications but is not responsible for Operators’ compliance with applicable messaging and communication laws.

As an Operator, you represent and warrant that: you hold all necessary licenses, permits, and insurance required to operate your rental business in your jurisdiction; all equipment listed through the Service is safe, properly maintained, and complies with applicable safety standards; you will comply with all applicable laws and regulations, including consumer protection laws, in your interactions with End Customers; you are solely responsible for the safety of your equipment and the experiences of your End Customers; and any content you upload to the Service does not infringe on the intellectual property rights of any third party.

End Customers who interact with the Service through an Operator’s booking page, rental agreement, or other Operator-facing tools are subject to these Terms to the extent applicable. End Customers acknowledge that their contractual relationship for rental services is with the Operator, not with Booking Pirate. Booking Pirate is a technology provider and is not a party to any rental agreement between an Operator and an End Customer.

For clarity, the dispute resolution and arbitration provisions in Section 19 of these Terms apply exclusively to disputes between Booking Pirate and Operators. Any disputes between End Customers and Operators are governed by the Operator’s own terms and policies. Any disputes between End Customers and Booking Pirate regarding the Service itself shall be resolved in the courts specified in Section 20.

The Service, including all software, designs, text, graphics, logos, and other materials, is owned by Booking Pirate or its licensors and is protected by copyright, trademark, and other intellectual property laws. Your account grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for its intended purpose while these Terms remain in effect.

You retain ownership of all Content you upload to the Service. By uploading Content, you grant Booking Pirate a non-exclusive, worldwide, royalty-free license to use, store, reproduce, and display such Content solely for the purpose of providing and improving the Service.

You agree not to: use the Service for any unlawful purpose or in violation of any applicable law; attempt to reverse engineer, decompile, or disassemble the Service; interfere with or disrupt the integrity or performance of the Service; access the Service through automated means (bots, scrapers, etc.) without our prior written consent; sublicense, resell, or redistribute access to the Service to third parties; upload any malicious code, viruses, or harmful content; impersonate any person or entity or misrepresent your affiliation with any person or entity; use the Service to send unsolicited communications or spam; or use the Service to collect, store, or process data in violation of applicable privacy laws.

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy at bookingpirate.com/privacy-policy to understand how we collect, use, and protect your information.

Operators acknowledge that they act as the data controller for End Customer data collected through the Service, and that Booking Pirate acts as a data processor on the Operator’s behalf. Operators are responsible for ensuring they have a lawful basis for collecting and processing End Customer data and for providing appropriate privacy notices to their End Customers.

We strive to maintain high availability of the Service but do not guarantee uninterrupted or error-free operation. We may perform scheduled maintenance with reasonable advance notice. We are not liable for any downtime, data loss, or service interruptions, whether planned or unplanned.

Support is provided via email at support@bookingpirate.com. Response times and support availability may vary by Plan.

These Terms are effective upon your first use of the Service and remain in effect until terminated. You may stop using the Service or request account termination at any time through your account settings or by contacting support.

We may suspend or terminate your access to the Service immediately, without prior notice, if: you breach these Terms; any applicable paid account becomes past due for more than 15 days; we are required to do so by law; or we determine, in our sole discretion, that your use of the Service poses a risk to the Service, other users, or third parties.

Upon termination, your right to access the Service ceases immediately. We will make your data available for export for 30 days following termination. After that period, we may delete your data in accordance with our data retention policies. Sections 7, 11, 16, 17, 18, 19, and 20 shall survive termination of these Terms.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BOOKING PIRATE DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, OR BE ERROR-FREE.

BOOKING PIRATE DOES NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY OPERATOR’S EQUIPMENT, SERVICES, OR BUSINESS PRACTICES. BOOKING PIRATE IS A TECHNOLOGY PLATFORM AND IS NOT RESPONSIBLE FOR THE SAFETY, QUALITY, OR LEGALITY OF ANY RENTAL EQUIPMENT OR SERVICES OFFERED BY OPERATORS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BOOKING PIRATE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO BOOKING PIRATE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

You agree to indemnify, defend, and hold harmless Booking Pirate and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: your use of the Service; your breach of these Terms; your violation of any applicable law; any dispute between you and an End Customer; any claim that your Content infringes on the intellectual property rights of a third party; any personal injury or property damage resulting from your rental equipment or services; or your failure to comply with applicable communications laws, including the TCPA and CAN-SPAM Act.

These Terms shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law principles. For any disputes not subject to arbitration under Section 19 (including disputes involving End Customers), the parties consent to the exclusive jurisdiction of the state and federal courts located in Kankakee County, Illinois.

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on the Site, updating the “Effective Date” above, and sending an email notification to the email address associated with your account. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Service and, if applicable, cancel any paid Plan.

Severability. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

Waiver. Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.

Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Booking Pirate regarding the Service and supersede all prior agreements, representations, and understandings.

Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

Force Majeure. Booking Pirate shall not be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemics, government actions, power failures, internet disruptions, or third-party service outages.

Notices. Notices to Booking Pirate shall be sent to the address listed in Section 23. Notices to you will be sent to the email address associated with your account. Email notices are deemed received on the date sent.

If you have any questions about these Terms, please contact us at: