Terms of Service

1. 1.1
   You accept these Terms when you tick the box agreeing to them at sign-up, or when you first use the Service, whichever is earlier. Under Indonesia’s law on electronic information and transactions (Law No. 11 of 2008, as amended) and Government Regulation No. 71 of 2019, a contract made electronically this way is as binding as a signed paper one, and you agree that notices and records between us may be given and kept electronically.
2. 1.2
   The person who accepts these Terms confirms that they are legally able to enter into contracts (and at least 18 years old) and authorised to bind the business named in the account. If they are not, they must not use the Service.
3. 1.3
   The Service is for business use. You use it for the purposes of your trade or business, not as a consumer.
4. 1.4
   If you have signed an order form or other written agreement with us, it forms part of this contract and takes priority over these Terms where the two conflict.

• Service: the Wellbook software, websites and related support we provide.
• Organisation: the business workspace you create in the Service. One account may hold several Organisations.
• Users: the people you allow to sign in to your Organisation (owners, managers, front-desk staff).
• Customer Data: the data you or your Users put into the Service, including the personal data of your own clients (their names, contact details, bookings, notes, packages and payment records) and of your staff.
• Account Data: the personal data of your Users that we need to run their accounts (names, email addresses, sign-in and usage data).
• Data Protection Laws: Indonesia’s Personal Data Protection Law (Law No. 27 of 2022, the “PDP Law”) and its regulations, and wherever else they apply, other data protection laws such as Singapore’s Personal Data Protection Act 2012 (“PDPA”) and the EU and UK GDPR.

1. 3.1
   The Service helps wellness, fitness and sports businesses manage locations, staff, schedules, bookings, classes, clients, packages and payment records, and send booking messages to their clients.
2. 3.2
   We may improve, change or remove features. If a change materially reduces the Service you rely on, we will give you at least 30 days’ notice, and you may end this contract before the change takes effect.
3. 3.3
   Features we label as beta, preview or early access are offered to try out. They may change or stop without notice and are provided without the commitments in clause 12.

1. 4.1
   You must give accurate sign-up details and keep them up to date.
2. 4.2
   You decide who your Users are and what role each has. You are responsible for what your Users do in the Service, and for removing access promptly when someone leaves.
3. 4.3
   Keep passwords confidential. Tell us at privacy@hibeckon.com as soon as you suspect that an account has been misused.

1. 5.1
   The Service is sold as a subscription to a plan. Each plan includes a number of locations (and may include other limits or features), as shown on our pricing page or in your order form when you subscribe. You agree to pay the fees of the plan you choose.
2. 5.2
   Fees are charged in advance for each monthly or annual billing period, in the currency shown when you subscribe (Indonesian rupiah for customers in Indonesia, otherwise as stated). We invoice each period in advance, by email to your billing contact, and you pay by bank transfer within 14 days. We are not registered for value added tax (PPN), so our fees include none; if we register, we will add PPN from then on and tell you at least 30 days before. Taxes you must withhold or pay in your own country are yours. Your subscription renews for another period of the same length unless you cancel before it ends; cancelling takes effect at the end of the period already paid for.
3. 5.3
   If you move to a larger plan, the change applies at once and we charge the difference for the rest of the period; a move to a smaller plan applies from your next period. A free trial, if offered, ends on the date we tell you, and the Service then continues only on a paid plan.
4. 5.4
   We will give you at least 30 days’ notice before changing fees or ending a free plan. The change applies from your next billing period, and you may cancel before it does.
5. 5.5
   Fees already paid are not refundable, except where these Terms say otherwise or the law requires. If you end this contract because we materially changed the Service (clause 3.2) or these Terms (clause 17), we will refund any fees paid for the unused period.
6. 5.6
   If an invoice is more than 30 days overdue, we may suspend the Service after giving you at least 14 days’ written notice.

You must not, and must not let anyone else:

• use the Service for anything unlawful, or to store data you have no right to hold;
• try to access another business’s data, test or bypass our security, or disrupt the Service;
• upload malicious code, or overload the Service with automated requests;
• copy, resell, sublicense or reverse engineer the Service, except as the law expressly allows;
• use the Service’s messaging to send marketing or unsolicited messages; it is for booking confirmations, reminders, changes, cancellations and receipts; or
• enter full payment card numbers, or card security codes, anywhere in the Service.

We may remove content or suspend access that breaches this clause, as described in clause 16.

1. 7.1
   You own your Customer Data. You give us a limited licence to host, copy, process and display it only as needed to provide, secure and support the Service for you, and as the law requires.
2. 7.2
   For Customer Data that is personal data, you are its controller (pengendali data pribadi) under the Data Protection Laws. You are responsible for having a lawful basis, and for giving the notices and obtaining the consents your clients and staff need, for you to collect, use and disclose their data in the Service, including for it to be processed by us and our sub-processors (some of them outside Indonesia, as our servers are in Singapore) as described in our Privacy Policy.
3. 7.3
   Collect only what you need. In particular: record health or other sensitive information about clients only where it is necessary to serve them safely; and collect national identity numbers (such as an NIK or NRIC) only where the law requires it or it is necessary to establish someone’s identity to a high degree of accuracy.
4. 7.4
   If you or your Users send messages to your clients, you are responsible for their content and for complying with the laws on marketing messages where your clients are (in Singapore, for example, the PDPA’s Do Not Call provisions and the Spam Control Act 2007). Honour your clients’ requests to stop receiving messages; the Service lets you record a client’s opt-out from automatic messages.
5. 7.5
   You are responsible for the accuracy of the data you enter, including payment and tax records, and for keeping your own copies of records the law requires you to retain. The Service records payments; it does not process them.

When we process personal data in Customer Data, we do so on your behalf: under Indonesia’s PDP Law as your personal data processor (prosesor data pribadi), under Singapore’s PDPA as your data intermediary, and under the GDPR as your processor. In that role we will:

1. 8.1
   process it only to provide the Service in line with these Terms and your documented instructions (your use and configuration of the Service is your instruction), or where the law requires;
2. 8.2
   make reasonable security arrangements to protect it from unauthorised access, collection, use, disclosure, copying, modification, disposal or loss, as described in our Privacy Policy, and restrict access to our personnel who need it and are bound to confidentiality;
3. 8.3
   engage sub-processors only under written terms that protect the data to a standard comparable to these Terms and the data protection laws that apply. You give your general written approval for the sub-processors listed in our Privacy Policy and for later changes made this way: we will give at least 14 days’ notice by email or in the Service before adding or replacing one; if you reasonably object, you may end this contract and we will refund fees paid for the unused period;
4. 8.4
   where data is transferred to another country, make sure it is protected to a standard comparable to the laws of the country it came from (for example under Singapore’s PDPA, Indonesia’s Personal Data Protection Law (Law No. 27 of 2022) or, for data from Europe, the GDPR’s standard contractual clauses), through legally enforceable obligations on the recipient;
5. 8.5
   notify you without undue delay, and in any case within 24 hours, after we become aware of a data breach affecting your Customer Data, so you can meet your own deadlines (for example 3 × 24 hours under Indonesia’s Personal Data Protection Law), and give you the information and help you reasonably need to assess it and to notify the authorities and affected individuals where required;
6. 8.6
   pass on to you, promptly, any access, correction or other request we receive from one of your clients or staff, and help you respond to it; we will not respond to the request ourselves unless you ask us to or the law requires;
7. 8.7
   not keep it longer than needed to provide the Service or than the law requires, and delete it as set out in clause 16 and our Data Retention Policy; and
8. 8.8
   give you, on reasonable request and no more than once a year (unless a regulator requires it), the information reasonably needed to show that we comply with this clause.

For Account Data we act as an organisation in our own right, and our Privacy Policy applies.

Each of us will keep the other’s non-public information confidential, use it only for this contract, and disclose it only to people who need it and are bound to keep it confidential, or where the law, a court or a regulator requires (with notice to the other where lawful). This does not apply to information that is or becomes public other than through a breach of this clause, or that the receiving party already had or developed independently.

1. 10.1
   We and our licensors own the Service, including its software, design and trade marks. You get a non-exclusive, non-transferable right to use it for your business while this contract lasts. No other rights are granted.
2. 10.2
   If you send us feedback or suggestions, we may use them freely without obligation to you.

The Service relies on third-party providers, such as hosting, database and email providers. We are responsible for them as our sub-processors under clause 8. If you choose to connect the Service to other services of your own, your use of them is governed by their terms.

1. 12.1
   We will use reasonable skill and care to provide the Service, and reasonable efforts to keep it available and to fix faults. We do not promise that it will be uninterrupted or error-free. Planned maintenance, faults in third-party infrastructure and events outside our control can cause downtime.
2. 12.2
   Our database provider lets us restore the database to any point within the last 6 hours. We do not keep other backups. A problem noticed after that window may not be recoverable, so export your data regularly using the export tools in the Service.

1. 13.1
   Nothing in these Terms excludes or limits liability for fraud, wilful misconduct or gross negligence, for death or personal injury caused by negligence, or any other liability that the law does not allow to be excluded or limited.
2. 13.2
   Except as set out in these Terms, the Service is provided “as is”. To the extent the law allows, we exclude all other warranties and conditions, including implied terms as to satisfactory quality and fitness for a particular purpose.
3. 13.3
   Neither of us is liable to the other for loss of profit, revenue, business or goodwill, or for any indirect or consequential loss, however caused.
4. 13.4
   We are not liable for loss or corruption of data, except to the extent caused by our breach of clause 8 or our negligence. In that case our liability is limited to making reasonable efforts to restore the data from the most recent recovery point available to us, together with any liability under clause 13.5.
5. 13.5
   Our total liability to you under or in connection with this contract, in contract, tort (including negligence) or otherwise, in any 12-month period is limited to the greater of (a) the fees you paid us in the 12 months before the event giving rise to the claim, and (b) Rp 5.000.000.
6. 13.6
   You agree that these limits are reasonable, taking into account that the Service is offered as a standard, low-cost product to many businesses, that its fees reflect this allocation of risk, and that you can protect yourself by exporting your data and holding appropriate insurance.

You will compensate us for losses, costs (including reasonable legal costs) and penalties we suffer as a result of a claim or regulatory action by a third party arising from Customer Data you had no right to put into the Service, your failure to give notices or obtain consents under clause 7, or your breach of clause 6. We will tell you promptly about any such claim, let you control its defence where the law allows, and give you reasonable help at your cost.

Neither of us is liable for delay or failure caused by events beyond reasonable control, such as natural disasters, epidemics, war, civil unrest, government action, or failures of utilities, the internet or third-party infrastructure. This does not excuse your obligation to pay fees for services already provided.

1. 16.1
   You may end this contract at any time by writing to us at privacy@hibeckon.com, or, as an administrator, with Delete organization in Settings.
2. 16.2
   We may end this contract for any reason by giving you at least 30 days’ notice. If we do, we will refund fees paid for the unused period.
3. 16.3
   Either of us may end this contract by notice if the other materially breaches it and does not fix the breach within 14 days of being asked to, or becomes insolvent.
4. 16.4
   We may suspend access immediately, and only as far as necessary, where needed to protect the Service, other customers or anyone’s data, or to comply with the law. We will tell you why, and restore access once the reason has gone.
5. 16.5
   When the contract ends, your access stops. What happens to your data (including the period in which you can export it, and when it is deleted) is set out in our Data Retention Policy.
6. 16.6
   Clauses 7, 9, 13, 14, 16.5, 18 and 19, and anything else intended to continue, survive the end of this contract.

We may update these Terms. For material changes, we will give you at least 30 days’ notice by email or in the Service before they take effect. If you do not agree, you may end this contract before then; continuing to use the Service after that date means you accept the updated Terms. Changes required by law, or that do not disadvantage you, may take effect sooner.

1. 18.1
   These Terms, and any dispute or claim arising out of or in connection with them, are governed by the laws of the Republic of Indonesia.
2. 18.2
   If a dispute arises, either of us may give the other written notice of it. Senior representatives of each of us will then try in good faith to settle it by negotiation within 30 days of the notice.
3. 18.3
   If the dispute is not settled within those 30 days, either of us may propose mediation by a mediator we agree on. Mediation is voluntary; if the other does not agree within 14 days, or the mediation does not settle the dispute, either of us may start court proceedings.
4. 18.4
   [the District Court (Pengadilan Negeri) for our business address] has jurisdiction over any dispute arising out of or in connection with these Terms.
5. 18.5
   Nothing in this clause stops either of us from seeking urgent injunctive or other interim relief from a court at any time.

1. 19.1
   These Terms, any order form and the documents they refer to are the entire agreement between us about the Service and replace any earlier understanding about it.
2. 19.2
   Notices to you will be sent to the email address of your Organisation’s owner, or shown in the Service. Legal notices to us must be sent to legal@hibeckon.com. A notice by email is received when it is sent, unless the sender is told that it was not delivered.
3. 19.3
   You may not transfer this contract without our written consent. We may transfer it to a company that takes over our business or the Service, and will tell you if we do.
4. 19.4
   If any part of these Terms is found invalid or unenforceable, the rest remains in force.
5. 19.5
   These Terms are made in Bahasa Indonesia and in English, as Indonesian law requires; both versions are binding, and if they differ, the Bahasa Indonesia version prevails.
6. 19.6
   A delay or failure to enforce a right is not a waiver of it.
7. 19.7
   Only you and we can enforce these Terms; they give no rights to anyone else.

[Owner's full name], trading as Wellbook, [Business address], Indonesia. Questions about these Terms: legal@hibeckon.com. Questions about personal data: our Data Protection Officer at privacy@hibeckon.com.