Diarybird

Terms of service

These terms are between Chester Relph, trading as Diarybird (“we”) and the business that uses Diarybird to run its business (“you”). If you're a customer making a booking, your booking is with the business — its own booking terms apply, and our privacy notice explains how your details are handled.

1. The service

Diarybird lets you take and manage bookings, publish an online booking page, take online payments through Stripe, message your customers and see how often they return. We set up your account with you, keep the service running, and fix problems we're told about.

2. Your account

  • You decide who on your team has a login and what they can do. Keep passwords private, and switch off logins for people who leave.
  • You're responsible for what happens under your account, including bookings, prices, refunds and messages your team sends.
  • Tell us straight away if you think a login has been misused.

3. Fees

  • Diarybird is a monthly subscription. The price is the one shown on our website for your plan when you sign up — Solo, Team or Multi-site — and is charged each month from the end of any free trial. There's no setup fee.
  • We take no fee from payments your customers make. They go straight to your Stripe account, and Stripe charges its own card processing fees there, as it does on any Stripe payment.
  • If a free trial ends before your plan is activated, your team's logins, your booking page and automatic reminders are paused until it is. Your bookings and customer records are kept.
  • Text messages are charged at the rate agreed with you, as they cost us per message.

4. Online payments

Online payments go directly into your own Stripe account; we never hold your money. You accept Stripe's Connected Account Agreement when you connect. You're responsible for your refund and cancellation policy, and for disputes and chargebacks on your payments.

5. Messages to your customers

  • Booking confirmations and reminders are part of the service your customers asked for.
  • Offers and win-back messages are marketing. Only send them to customers who have agreed to hear from you. Diarybird only sends them to customers marked as opted in, adds an unsubscribe link to every one, and stops immediately when someone unsubscribes. Don't mark customers as opted in unless they really did agree.

6. Acceptable use

Don't use Diarybird for anything unlawful, to send spam, to upload other people's data without the right to, or to try to access another business's information or disrupt the service.

7. Availability and support

We aim to keep Diarybird available at all times and to fix problems quickly, but we can't promise it will never be interrupted. We'll give notice of planned maintenance where we can. Support: hello@diarybird.com.

8. Liability

Nothing in these terms limits liability that can't be limited by law. Otherwise, neither of us is liable for indirect or consequential losses, or for lost profits, and our total liability in any 12 months is limited to the fees you paid us in that period.

9. Ending the service

Either of us can end the service with 30 days' written notice, or immediately if the other seriously breaks these terms. When it ends we'll give you an export of your bookings and customers on request, then delete them within 90 days, except records we must keep by law.

10. Changes

We'll tell you at least 30 days before any change to these terms that affects you. These terms are governed by the law of England and Wales.

Schedule: data processing

For your customers' personal data, you are the controller and we are your processor. This schedule is the contract required by Article 28 of the UK GDPR.

  • Subject matter and duration: providing Diarybird for as long as you use it.
  • Data: customers' names, contact details, booking and visit history, notes, payment records and messaging preferences; your staff's account details.
  • Instructions: we process the data only to provide Diarybird as you configure and use it, or as the law requires (and we'll tell you unless the law forbids it).
  • Confidentiality: everyone working on Diarybird with access is bound by confidentiality.
  • Security: encryption in transit and at rest, per-business access controls enforced in the database, least-privilege staff access, and regular backups.
  • Sub-processors: those listed in our privacy notice. We'll tell you before adding or replacing one, and you may object.
  • Helping you: we'll help you answer customers' rights requests and meet your security, breach-notification and impact assessment duties.
  • Breaches: we'll tell you without undue delay, and within 48 hours, of becoming aware of a personal data breach affecting your data.
  • End of service: we'll return or delete the data as described in section 9.
  • Audits: we'll give you the information you reasonably need to show we meet these obligations.