By clicking “Sign Up,” “Connect,” or otherwise using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions ("Terms"). By accessing or using any part of the Chur platform -including churapp.com, book.churapp.com, mobile versions, APIs, or associated tools ("Platform") - you agree to be bound by these Terms. These Terms govern your use of the services provided by Chur.
1. Definitions
"Chur" means the online booking and payment platform operated by us, including its associated websites, tools, and integrations.
"Vendor", "you", or "your" refers to any individual or entity that uses Chur to manage bookings, accept payments, or access integrations.
"Customer" means an end user who books a service with a Vendor via the Chur platform.
"Chur Fee" means the platform service fee deducted per transaction for access to Chur’s functionality and services.
"Stripe" refers to the third-party payment processor, Stripe, Inc. or its affiliates.
"Stripe Connect Express" means the version of Stripe’s connected account system that allows Chur to facilitate payments and payouts.
"Stripe Fee" means the processing fee charged by Stripe per transaction.
"Chargeback" means a reversal of a payment initiated by a Customer’s bank or card issuer.
"Payout" means the net funds sent to your nominated bank account after deductions.
"Xero Integration" refers to the optional one-way invoice sync from Chur to your Xero account.
"Invoice Sync" refers to the process of exporting invoice data from Chur to Xero without two-way synchronization.
"Third-Party Integration" refers to any external system or software Chur integrates with, including but not limited to Google Calendar, Meta Pixel, Zoom, and payment gateways.
2. Eligibility and Account Responsibility
2.1 Eligibility
You must be at least 18 years old and legally capable of entering into binding agreements to use the Platform. By creating an account, you represent and warrant that the information you provide is true, accurate, and complete.
2.2 Account Security
You are solely responsible for maintaining the confidentiality of your login credentials and for all activity conducted under your account. If you suspect unauthorized access, you must notify Chur immediately by emailing support@churapp.com
2.3 Account Content and Activity
You are responsible for all content uploaded, services created, and communications initiated through your account. You agree not to use Chur for any unlawful purpose or in any manner that violates these Terms.
3. Acceptable Use
3.1 Prohibited Conduct
You agree not to misuse the Platform. This includes, but is not limited to:
- Scraping or mining data
- Attempting unauthorized access
- Misrepresenting your identity
- Interfering with system performance
- Violating the rights or privacy of others
3.2 Suspension or Termination
Chur reserves the right to suspend or permanently disable any account at its sole discretion if we believe the Terms have been violated or if the Platform, users, or partners are put at risk. Where possible, we will provide prior written notice and an opportunity to respond before taking action, unless doing so would cause immediate harm to the platform or its users.
4. Data and Privacy
4.1 Privacy Policy
You acknowledge that Chur collects and processes personal data in accordance with our Privacy Policy.
4.2 Use of Third-Party Services
Some features (e.g., booking notifications, calendar syncs, usage analytics) rely on third-party services which may have their own terms and privacy practices. Use of data from Google Workspace APIs complies with Google’s Limited Use policy.
4.3 License to Data
You grant Chur a limited license to use, store, and transmit your data solely for the purpose of delivering services. You confirm you have the legal right to share such data.
5. Intellectual Property
5.1 Ownership
All intellectual property rights in the Platform—including source code, design, content, database structure, and trademarks—are owned by Chur or its licensors.
5.2 Restrictions
You may not copy, reverse engineer, modify, distribute, or reuse any part of the Platform without prior written consent from Chur.
6. Subscription and Billing
6.1 Fees
If you subscribe to paid services, you agree to the pricing terms at signup, which may include monthly, annual, or usage-based charges.
6.2 Billing Terms
All fees are billed in advance and are non-refundable except as required by law. You authorize Chur to charge your nominated payment method on a recurring basis unless cancelled in your account settings.
6.3 Fee Changes
Chur may may update pricing or fee structure from time to time. You will receive no less than 30 days’ notice of any material changes. Continued use of Chur after this period will constitute acceptance of the new pricing. We will always aim to provide clear, transparent justification for changes.
7. Payments and Chargebacks
7.1 Stripe Connect Express
Chur uses Stripe Connect Express to process customer payments.
7.2 Vendor Liability
You are solely responsible for all chargebacks, disputes, and reversals. These amounts, including fees, may be deducted from your balance or future payouts. If insufficient funds exist, Chur may debit your linked bank account.
7.3 Fraud and Disputes
Chur may use fraud protection tools like 3D Secure, but ultimate liability remains with the Vendor. You are responsible for providing evidence during disputes. We rely on industry-standard fraud detection tools (including 3D Secure where applicable) and will work with You in good faith to investigate and dispute invalid chargebacks.
7.4 Account Suspension
Chur may suspend payment access due to excessive disputes, fraud, or breach of these Terms.8. Platform and Payment Processing Fees
8.1 Chur Platform Fee
By using Chur to manage your bookings and accept online payments, you agree to pay a platform service fee ("Chur Fee") on each transaction. This fee covers access to platform features, maintenance, and support.
8.2 Stripe Payment Processing Fee
All transactions are also subject to Stripe’s standard transaction fees. These are collected by Stripe and not retained by Chur.
8.3 Fee Structure and Deductions
Chur and Stripe fees are automatically deducted before payout. You can view transaction breakdowns in your account.
8.4 Bundled and Additional Charges
Chur Fees may incorporate additional Stripe-related costs such as:Stripe Connect Express account support3D SecureMulti-currency processingChargeback handling
8.5 No Surcharging Without Disclosure
Vendors may not add surcharges to customers without disclosing fees clearly prior to payment, in compliance with local consumer laws.
8.6 Changes to Fees
Chur may update its fee structure with 14 days' notice. Continued use of the Platform after such notice constitutes acceptance.
9. Integrations and Data Responsibility
9.1 Third-Party Integrations
Chur offers integrations with services like Google Calendar, Quick Books, and Xero. Use of these features is optional and governed by the terms of the respective third parties.
9.2 Data Flow and Limits
You acknowledge and accept that:Chur may send data to these services (e.g. invoices, bookings, or events)Chur does not sync data back from those services unless explicitly statedYou are solely responsible for verifying the accuracy of data passed to or from these integrations
9.3 Xero Integration
The Xero integration is a one-way invoice sync only. No financial or customer data is pulled into Chur. Chur is not responsible for accounting errors, syncing failures, or compliance issues resulting from the use of Xero.
10. System Reliability and Booking Errors
10.1 Platform Functionality and Vendor Responsibility
While Chur takes reasonable steps to ensure the platform operates reliably and accurately, you acknowledge that it is your responsibility to verify booking details, availability, customer data, and calendar settings before providing services. You are solely responsible for reviewing and confirming all information before relying on automated bookings or communications.
10.2 Service Disruptions and Integration Risks
Chur does not warrant that the platform, integrations, or notifications will operate uninterrupted or be error-free. To the maximum extent permitted by law, Chur is not liable for any loss—including missed appointments, double bookings, scheduling conflicts, or lost revenue—arising from:
-Platform downtime
-Incorrect or delayed data syncs (e.g. Google Calendar, Stripe, Xero)
-System bugs
-Integration errors
-User misconfiguration or omissions
Chur targets a 99.5% platform uptime, excluding scheduled maintenance windows (typically outside local business hours). In the event of extended downtime (>2 consecutive hours), affected customers may be eligible for service credits equal to 5% of monthly fees for each day of material unavailability, up to 100% of that month’s fees.
10.3 Backup and Monitoring Expectations
You are expected to monitor your booking activity regularly and maintain a backup or manual override process for critical operations, particularly in time-sensitive businesses.
11. AI Features and Limitations
11.1 Use of AI Features
Chur may provide features powered by artificial intelligence (AI), including but not limited to automated suggestions, rebooking nudges, customer insights, or content generation. These features are offered to assist your business, but you acknowledge that they are experimental and may generate incomplete, inaccurate, or contextually inappropriate results.
11.2 No Guarantee of Accuracy or Suitability
AI-generated content is provided “as-is” without any warranties, express or implied. Chur does not guarantee the accuracy, reliability, legality, or effectiveness of any AI output. You are solely responsible for reviewing and determining whether to act on AI-generated recommendations or content.
11.3 Data Usage for Model Improvement
By using Chur, you agree that we may collect and use your interactions—including inputs, metadata, and AI feature usage—for the purpose of improving and refining our AI systems. This data may be used for internal training, system evaluation, and product development. Chur may use aggregated, anonymized data from your usage of Chur to improve the performance of our services, including training AI systems. Chur does not share identifiable customer data with third parties without your consent, unless required by law.
11.4 No Output Review or Access Rights
You acknowledge that Chur does not provide a mechanism for you to view, export, or review how your data was specifically used in AI training or to trace how any particular output was generated. You waive any rights to access or audit model outputs or training data lineage.
11.5 No Right to Opt Out of AI Training
Use of the Platform constitutes your agreement to permit Chur to use your data—including business and customer interactions—for AI training and system improvement purposes. If you do not agree, you must discontinue use of the Platform.
12. Disclaimers and Limitations of Liability
12.1 No Warranty
Chur is provided “as is.” We make no guarantee that the Platform will be error-free.
12.2 Exclusion of Damages
To the fullest extent permitted by law, Chur is not liable for any indirect, incidental, or consequential loss—such as lost profits, data loss, or reputational harm.
13 Indemnification
You agree to indemnify, defend, and hold harmless Chur, its affiliates, directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with: (a) your use of the Chur platform; (b) any breach of these Terms or applicable law by you or your users;(c) any content or data provided by you through the platform; or(d) any claim that your use of the platform infringes or misappropriates the rights of a third party.
This indemnity survives termination of your account or these Terms and applies to the fullest extent permitted by law. Where liability cannot be excluded, Chur’s total liability to you for all claims in any 12-month period is limited to the total Chur's Subscription Fees paid by you in that period. This limitation applies regardless of the form of action and whether in contract, tort (including negligence), equity, or otherwise.
14. General Terms
14.1 Governing Law
These Terms are governed by the laws of New Zealand. Any legal proceedings must be brought in New Zealand courts.
14.2 Dispute Resolution
Before commencing legal action, you agree to attempt to resolve any dispute with Chur through good-faith negotiation or non-binding mediation.
14.3 Severability
If any provision is found unenforceable, the remainder shall remain in effect.
14.4 Survival
Sections related to fees, liabilities, data use, intellectual property, and dispute resolution shall survive termination of these Terms.
15. Force Majeure
Chur is not liable for delays or failures caused by events beyond our reasonable control, including but not limited to natural disasters, internet outages, government restrictions, cyberattacks, or third-party platform failures.
16. Updates to These Terms
Chur may revise these Terms to reflect changes in business operations, technology, or legal obligations. Material updates will be communicated via email or platform notice.Continued use of the Platform after updates constitutes your acceptance. If you do not agree with changes, you must discontinue use of Chur.
For questions, please contact support@churapp.com
