Terms of Service
THIS IS A BINDING LEGAL DOCUMENT; PLEASE READ THIS CAREFULLY!
PLEASE READ THESE TERMS CAREFULLY. SECTION 17 INCLUDES A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH AFFECT HOW DISPUTES ARE RESOLVED.
Individuals must be 18 years of age or older to enter into this Agreement, and you warrant that you are 18 years of age or older. By using the Site and entering into this Agreement you consent to the terms of this Agreement, as modified from time to time by us.
1. Acceptance of Terms; Modifications
These Terms of Service ("Terms") are a binding legal agreement between you and Nooqbook LLC, a Utah limited liability company ("Nooqbook LLC," "Nooqbook," "Company," "we," "us," or "our"). They govern your use of our software applications, resources, and services that connect parents ("Parents") with providers of children's after-school activities ("Providers") to find each other, communicate, and arrange services (collectively, the "Nooqbook Service"), accessible via our website at app.nooqbook.com, mobile apps, or other access points we provide.
BY SIGNING UP FOR AN ACCOUNT OR USING THE NOOQBOOK SERVICE, YOU ACCEPT THESE TERMS.
If you don't agree, you may not use the Nooqbook Service. We may update these Terms from time to time, effective when posted on the Nooqbook Service, unless otherwise required by law.
2. Nooqbook Service
2.1 Nature of the Service
The Nooqbook Service is a platform linking Parents and Providers for enriching activities like swimming, music, or crafts. We're a neutral venue, not a Provider, and don't directly offer these services beyond platform support and resources. All Providers pass top-agency background checks, but we don't control or guarantee the quality of services or user interactions.
2.2 Transactions Between Users
Bookings and payments occur between Parents and Providers via the Nooqbook Service. We facilitate payments securely but aren't liable for service outcomes beyond our cancellation policy in Section 10.
2.3 Bookings
A "Booking" occurs when a Parent and Provider agree on fees, timing, and terms through our booking system. Clicking "Request to Book" or "Pay Now" commits you to the agreed terms.
2.4 Safety and Responsibility
Parents evaluate Providers using profiles and reviews. Nooqbook facilitates background checks but doesn't endorse users or verify every detail.
3. Compliance with U.S. Law
By using the Nooqbook Service, you certify you're at least 18 years old and will comply with all U.S. federal, state, and local laws related to your activities, including Utah laws where applicable.
4. Use of the Service; Suspension
4.1 Your Conduct
You agree to:
- Use the Nooqbook Service lawfully and only for arranging children's after-school activities.
- Not offer or book unsafe activities.
- Not post false reviews, spam, or content that's threatening, harassing, or violates others' rights.
- Not bypass our payment system or solicit off-platform transactions.
- Not impersonate others or create duplicate accounts.
4.2 Suspension Rights
We may suspend or terminate your access if your conduct is unsafe, dishonest, or breaches these Terms. You may deactivate your account by emailing help@nooqbook.com.
5. Registration; Security
Create an accurate account with current info. Safeguard your login details and report unauthorized use to help@nooqbook.com immediately.
6. Privacy
Our Privacy Statement governs how we collect and use your data. By using the Nooqbook Service, you confirm you've read and understand it. View Privacy Policy.
7. Your Content
7.1 Content Submission
You may upload profiles, reviews, photos, or session updates ("Your Content"). You grant Nooqbook a perpetual, non-exclusive, worldwide license to use Your Content for service operation and promotion, subject to our Privacy Statement.
7.2 Responsibility
You warrant you own Your Content or have rights to share it, including consents for any children's images.
7.3 Copyright and License
The content within this Site, including, without limitation, the design, text, graphics, images, photographs, video and audio files, other files, and data (collectively, the "Content"), and the selection, arrangement, structure, coordination, and "look and feel" thereof, are the property of Nooqbook.
8. Safety & Emergencies
8.1 Safety Commitment
Every Provider passes top-agency background checks before listing.
8.2 Emergencies
Providers must notify Parents immediately if a child requires medical or urgent care during a session. If unreachable, Providers should contact Nooqbook at help@nooqbook.com or our emergency line at safety@nooqbook.com.
9. Communications & SMS Program Terms
9.1 Email and Service Communications
You consent to receive service-related emails or texts (e.g., booking updates, safety alerts) at your provided contact info, even if on a do-not-call list. Opt-out instructions are provided in each communication and in your account settings.
9.2 SMS Program: Nooqbook Booking Notifications
Program name: Nooqbook Booking Notifications, operated by Nooqbook LLC.
Program description: By providing your mobile number and affirmatively checking the optional SMS consent checkbox during registration (or by enabling SMS notifications later in your account settings), you opt in to receive transactional SMS messages from Nooqbook including: booking confirmations, session reminders, booking status updates (accepted, rescheduled, canceled), messages from instructors or city coordinators about your bookings, payment and payout updates, and account and safety notifications. We do not send marketing or promotional SMS through this program.
Message frequency: Message frequency varies based on your booking activity (typically 2–8 messages per month). There is no fixed daily, weekly, or monthly cadence.
Message and data rates: Msg & data rates may apply. Standard message and data rates from your wireless carrier may apply to each message sent or received. Please contact your wireless carrier for details about your messaging plan.
How to opt out: Reply STOP to any SMS message from Nooqbook to opt out. You may also reply END, CANCEL, UNSUBSCRIBE, QUIT, REVOKE, OPTOUT, or STOPALL. After replying STOP, you will receive a single confirmation message and will not receive further messages from this program. You may resubscribe at any time by replying START.
How to get help: Reply HELP or INFO to any SMS message from Nooqbook for help, or contact our customer care team at help@nooqbook.com.
Customer care contact: Nooqbook LLC, help@nooqbook.com.
Eligibility: You must be 18 years of age or older and the account holder of the mobile number provided. SMS opt-in is entirely optional and is not a condition of registering for, purchasing, or using any Nooqbook product or service.
Carriers: Supported carriers include AT&T, T-Mobile, Verizon Wireless, Sprint, Boost, U.S. Cellular, MetroPCS, and other major and minor U.S. carriers. Carriers are not liable for delayed or undelivered messages.
Privacy: No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. All SMS opt-in data, including phone numbers and consent records, is not sold, rented, or shared with any third party. See our Privacy Policy and our SMS Consent and Opt-In Disclosure for full details.
10. Payments, Cancellations, & Disputes
Providers may define their own cancellation and refund terms when posting an activity or accepting a booking. If a Provider has not defined a custom policy, the following Nooqbook Default Policy applies automatically. Regardless of any custom Provider policy, Sections 10.2, 10.4, and 10.5 always apply.
10.1 Securing Your Booking (Payment Capture)
To ensure a high-trust environment for both families and instructors, Nooqbook requires full payment at the time of booking. When you click "Book," your designated payment method will be charged immediately for the total amount.
10.2 The Nooqbook Escrow (Fund Holding)
Your funds are protected. Nooqbook does not immediately disburse your payment to the instructor. Instead, funds are held securely in our third-party payment infrastructure (Stripe) until the scheduled service is fully delivered.
10.3 Cancellations & Instructor No-Shows
User Cancellations: Cancellations made within the designated "Free Cancellation Window" (as displayed on the specific listing) will receive a 100% refund to the original payment method. Cancellations made after this window are subject to the specific penalty outlined on the listing.
Instructor/Facility No-Shows: If an instructor fails to attend a booked session, or a facility is inaccessible, the user must report the issue via the Nooqbook platform immediately. Verified supply-side failures will result in a 100% refund to the user.
10.4 The 24-Hour Trust Window (Disputes & Resolution)
If a session occurs but fails to meet the agreed-upon standards, users have exactly 24 hours from the scheduled end time of the session to report an issue or initiate a dispute through the Nooqbook platform.
10.5 Payouts & Finality of Transaction
If no dispute is filed within 24 hours following the scheduled end time of a session, the transaction is considered officially complete and successful. At the 24-hour mark, Nooqbook automatically initiates the irreversible transfer of funds to the instructor's bank account.
10.6 Tax ID
We collect your SSN or EIN for secure payments and IRS reporting. Providers need this to receive payouts; Parents don't unless tax laws apply.
11. Background Checks
All Providers complete top-agency background checks before listing. We don't guarantee accuracy or completeness. Contact help@nooqbook.com to dispute a Provider's status.
12. Copyright Infringement
Report copyright violations to help@nooqbook.com with your name, contact, and details of the issue per the Digital Millennium Copyright Act. Repeat infringers may lose access.
13. Third-Party Links
We're not responsible for third-party sites or resources linked from the Nooqbook Service. Use them at your own risk.
14. Indemnity
You agree to indemnify Nooqbook against claims from your use, breaches, or interactions, to the fullest extent permitted by law.
15. Intellectual Property
Nooqbook owns its trademarks, content, and tech. Providers may use our marks only while active and as permitted. Feedback you share becomes ours to use freely.
16. Warranty Disclaimer
The Nooqbook Service is "as is". We don't promise it's error-free, secure, or fit for every need, disclaiming all implied warranties to the extent allowed by law.
THIS SITE, AND THE CONTENT, MATERIAL, AND INFORMATION CONTAINED AND/OR ADVERTISED THEREIN, ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK.
17. Arbitration & Class Action Waiver
17.1 Agreement
Unless you opt out per Section 17.4, disputes (except small claims or IP issues) go to binding arbitration under JAMS Streamlined Rules, not courts. The Federal Arbitration Act governs.
17.2 Class Waiver
Claims are individual only. No class actions, unless we agree otherwise.
17.3 Process
Email disputes to help@nooqbook.com first. Give us 30 days to resolve. If unresolved, arbitrate in your county or a mutually agreed U.S. spot. Fees follow JAMS rules.
17.4 Opt-Out
Email an opt-out to Nooqbook LLC, Attn: Legal, help@nooqbook.com, within 30 days of accepting these Terms, signed with your name, address, and account email.
18. Limitation of Liability
IN NO EVENT SHALL NOOQBOOK LLC, OR ITS DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS, LICENSORS, AND/OR ASSIGNS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, ARISING FROM YOUR USE OF THE WEBSITE.
19. Governing Law
These Terms follow Utah law and U.S. federal law, without regard to conflict-of-law principles. Non-arbitrated disputes go to Utah state or federal courts. You consent to jurisdiction in Salt Lake County, Utah.
20. Miscellaneous
No partnership exists here. Invalid terms don't void others. We'll replace them to match intent. Force majeure (e.g., storms, strikes) excuses delays. Contact help@nooqbook.com for questions.