Booking Magician — Terms of Service

Last Updated: August 28, 2025

These Terms of Service (“Terms”) are a binding agreement between you and Booking Magician LLC (“Booking Magician,” “we,” “us,” or “our”). By accessing or using bookingmagician.com, our applications, or related services (collectively, the “Service”), you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Service.

Contact: help@bookingmagician.com
Address: Booking Magician LLC, 3400 Cottage Way, Ste G2 #20396, Sacramento, CA 95825, USA

Note: The Service is intended for adults 18 years and older. We do not permit minors to use the Service.

1) What We Do (No Booking Guarantee; No Affiliation)

Booking Magician monitors and alerts you to dining reservation availability based on criteria you specify (e.g., party size, date/time). We do not place reservations on your behalf and do not guarantee that any availability we alert you to will remain available or that your own reservation attempt will succeed. We are not affiliated with, endorsed by, or sponsored by any restaurant or reservation platform (e.g., OpenTable, Resy, Tock, SevenRooms). Their names and trademarks belong to their respective owners, and your use of those services is governed by their terms and privacy policies.

2) Eligibility; Accounts; Accuracy

You must be at least 18 years old and capable of forming a binding contract to use the Service.
You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.
You agree to provide accurate, current, and complete information and to keep it updated.

3) Subscriptions, Billing, and Auto-Renewal

Payments via Stripe. We use Stripe to process payments. We do not collect or store full payment card data ourselves.
Paid Plans. By starting a paid plan, you authorize us (via Stripe) to charge your payment method the applicable fees and taxes on a recurring basis until you cancel.
Auto-Renewal. Plans renew automatically at the end of each billing cycle (monthly or annually, as selected) unless you cancel before renewal. We will present a clear auto-renewal disclosure at checkout as required by applicable laws (including California Auto-Renewal Law).
Pricing Changes. We may change prices prospectively by providing notice (e.g., email or in-product notice). Continued use after changes take effect constitutes acceptance.
No Refunds; Cancel Anytime. Fees are non-refundable except where required by law. If you cancel, you retain access through the end of your current billing period and will not be charged thereafter.
Taxes. Fees are exclusive of taxes, which you are responsible for where applicable.

4) Communications; Email and SMS Programs

Transactional Communications. You agree we may send transactional communications (e.g., account, alerts, security notices) via email and/or SMS necessary to provide the Service.
Marketing Emails and SMS/MMS (Opt-in). We will send marketing emails and SMS/MMS only if you give explicit consent (a separate optional checkbox at signup or in your account settings).
- SMS Program Details: Sent from our toll-free messaging service via Twilio. Message frequency varies; message and data rates may apply. Reply STOP to cancel, HELP for help. Consent is not a condition of purchase or use. US users: we follow TCPA/CTIA requirements.
- Email Program Details: Sent via SendGrid. You can unsubscribe from marketing emails at any time via the link in those emails.
Consent Records. We maintain logs of marketing consent and opt-outs (including timestamp, disclosure text, channel, and identifiers) to comply with applicable laws.
Preference Management. You can manage marketing preferences at any time in your account. Transactional communications are necessary and cannot be unsubscribed from without discontinuing the Service.

5) Acceptable Use; Third-Party Terms

You agree not to, and will not assist others to:

Violate any laws or third-party platform terms (e.g., OpenTable, Resy, Tock, SevenRooms).
Attempt to place automated bookings, bypass CAPTCHAs or access controls, or interfere with restaurants’ or platforms’ operations.
Scrape, harvest, or collect data from third-party platforms in violation of their terms or applicable law, or use the Service to develop a competing service.
Probe, scan, or test the vulnerability of the Service or our infrastructure; overburden or disrupt the Service; or attempt to gain unauthorized access.
Transmit malicious code or spam.

6) Ownership; License; Feedback

Service IP. The Service (including software, UI, text, graphics, and logos) is owned by us or our licensors and is protected by IP laws.
Limited License. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Service for its intended purpose, subject to these Terms.
Feedback. You grant us a perpetual, irrevocable, royalty-free license to use feedback you provide for any purpose.

7) User Inputs and Data

You may submit inputs (e.g., alert criteria, restaurant preferences). You grant us a license to host, process, and use such inputs to operate, secure, and improve the Service, and as described in our Privacy Policy.

8) Third-Party Services and Links

The Service may link to or integrate with third-party services (e.g., reservation platforms, payment processors). We are not responsible for such services; they are governed by their own terms and privacy policies.

9) Warranty Disclaimer

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT ALERTS WILL IDENTIFY ALL AVAILABILITY OR THAT ANY RESERVATION ATTEMPT WILL SUCCEED, OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

10) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BOOKING MAGICIAN AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) USD $100. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; IN SUCH CASES, THESE LIMITATIONS APPLY TO THE FULLEST EXTENT PERMITTED.

11) Indemnification

You will indemnify and hold Booking Magician and its affiliates harmless from any claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising from your misuse of the Service, violation of these Terms, or violation of third-party rights or platform terms.

12) Suspension and Termination

We may suspend or terminate your access for violation of these Terms, legal risk, or harm to the Service. You may cancel at any time in your account settings.

13) Governing Law and Venue

These Terms are governed by the laws of the State of California, without regard to conflicts of laws. The exclusive venue for disputes is the state or federal courts located in Sacramento County, California, and the parties consent to personal jurisdiction there. Mandatory consumer protection rights required by your local law remain unaffected.

14) Export; Sanctions

You must comply with applicable export control and sanctions laws and may not use the Service if you are a sanctioned party or in a sanctioned jurisdiction.

15) Changes to Terms

We may update these Terms from time to time. Material changes will be notified by posting in the Service and/or via email, with the effective date indicated. Your continued use after the effective date constitutes acceptance.

16) DMCA; Notices

If you believe content infringes your copyright, contact: help@bookingmagician.com with “DMCA” in the subject, and include: your contact info; the work claimed infringed; the material’s location; a statement of good faith belief; and a statement under penalty of perjury that your notice is accurate, signed electronically or physically.

17) Affiliate Program Addendum

Program. Our affiliate program is operated via PromoteKit to track referrals; payouts are made via PayPal on a net‑15 schedule with no minimum payout threshold (subject to PayPal account and tax compliance).
Eligibility and Conduct. No self-referrals, coupon or brand bidding, trademark or typo-squatting, spam, unsolicited commercial email/SMS, adware, toolbars, or misrepresentations. Affiliates must comply with advertising, disclosure, and privacy laws (e.g., FTC endorsement rules) and platform policies.
Tracking and Disputes. PromoteKit tracking is determinative for attribution unless demonstrably erroneous. We may adjust or withhold commissions in cases of fraud, refunds, or chargebacks.
Termination. We may suspend or terminate affiliate participation for any breach or suspected abuse.
Independent Contractors. Affiliates are independent and responsible for applicable taxes and compliance obligations.

18) Electronic Communications and Consent Records

You consent to receiving communications electronically. We may maintain electronic records of consents (e.g., marketing opt-ins, auto-renew acknowledgments) to satisfy legal requirements.

19) Miscellaneous

These Terms are the entire agreement between you and us regarding the Service. If any provision is unenforceable, the remainder remains in effect. You may not assign these Terms without our consent; we may assign them. Neither party is liable for delays due to events beyond reasonable control. Notices may be sent to your account email.

20) Contact

Booking Magician LLC
3400 Cottage Way, Ste G2 #20396
Sacramento, CA 95825, USA
help@bookingmagician.com

Links (provide on your site/app):

Privacy Policy: /Privacy-Policy
Do Not Sell or Share My Personal Information: /Do-Not-Sell-Or-Share
Cookie Settings (CMP): /cookie-settings