Effective date: July 2026
Welcome to Everbook at everbook360.com. These Terms of Service (“Terms”) govern your access to and use of the Everbook Website, including our website at everbook360.com, our SaaS operational Website for venues with in-house catering (the “Website”), and all related services, features, content, and applications (collectively, the “Services”).
BY ACCESSING OR USING THE WEBSITE OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS.
If you do not agree to these Terms, do not access or use the Website or Services, and please close your browser window used to access the Website.
These Terms apply to all users of the Website and Services, including:
You must be at least 18 years old to use the Website or Services. By accessing the Website, you confirm that you meet this age requirement. The Website is not directed at children under 13, and we do not knowingly collect personal information from minors. See our Privacy Policy for more information.
By using the Website, you represent and warrant that you have the legal capacity to enter into this Agreement and are not barred from using the Website or Services under applicable law.
To access certain features of the Website (i.e. the Services enabled or accessed through the Website), you must create an account (“Account”). When creating an Account, you must:
Event Operators (venues and / or vendors) must provide accurate business information including legal entity name, billing address, and authorized contact information. Each Event Operator is responsible for designating appropriate user roles and permissions for their staff.
Everbook reserves the right to terminate or suspend your Account at any time, without prior notice, for conduct that Everbook believes violates these Terms, is harmful to other users, Everbook, or third parties, or for any other reason at Everbook’s sole discretion.
You are responsible for safeguarding your password. We recommend using strong, unique passwords and enabling multi-factor authentication where available. Never share your password with anyone.
You may use the Website only if you can form a binding contract with Everbook and only to the extent permitted by all applicable laws and regulations.
You agree to use the Website in a manner consistent with all applicable rules, laws, and regulations, only for lawful purposes, and in accordance with these Terms. You may use the Website to:
You agree NOT to:
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Everbook, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
“Everbook,” the Everbook logo, and all related marks, logos, and product/service names are the protected intellectual property of Everbook, Inc. in the U.S. and/or other countries. All other trademarks appearing on the Website are the property of their respective owners.
Subject to your compliance with these Terms, Everbook grants you a limited, non-exclusive, non-transferable, revocable license to:
This license does not include any right to:
As used in these Terms, “User Content” means any data, information, or material that you upload, submit, or make available through the Website, including but not limited to event photos, signed contracts, menus, floor plans, mood boards, vendor certificates of insurance, and other files.
You retain all ownership rights to your User Content. By uploading User Content, you grant Everbook a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media, solely for the purpose of providing and improving the Website Services.
You represent and warrant that you own or control all rights to your User Content and have the necessary rights and licenses to grant the license described above. You are solely responsible for your User Content and you assume all liability arising from its use or posting.
The Website may integrate with or link to third-party services as set forth in our Privacy Policy, herein incorporated by reference.
These third-party services have their own terms of service and privacy policies. Everbook does not control and is not responsible for any third-party service’s content, features, accuracy, availability, reliability, or any other aspects. You are responsible for reviewing and agreeing to the terms provided by any third party.
Your correspondence or business dealings with, or participation in promotions of, third-party providers found on or through the Website are solely between you and such third party. You agree that Everbook shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings.
All payment transactions are processed by our third-party payment processor(s). By submitting payment information, you authorize Everbook to share necessary transaction information with the payment processor to complete your transaction. Everbook does not store full credit card numbers or sensitive payment data.
THE WEBSITE, ITS CONTENT, AND ANY OTHER PRODUCTS OR SERVICES PROVIDED AS A RESULT OF YOUR USE OF THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EVERBOOK AND ITS VENDORS EXPRESSLY DISCLAIM ALL WARRANTIES RELATED TO THE WEBSITE (AND RELATED SERVICES), EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION:
WITHOUT LIMITATION TO THE ABOVE, NEITHER EVERBOOK NOR ITS VENDORS WARRANT OR REPRESENT THAT:
ALL WEBSITE USERS ARE STRONGLY ENCOURAGED TO RECOGNIZE THAT AI-ASSISTED RECOMMENDATIONS ARE NOT GUARANTEES, MAY CONTAIN ERRORS, AND MUST BE VERIFIED INDEPENDENTLY.
Margin recommendations and vendor recommendations are decision-support tools for business operations. They do not constitute automated decisions about individuals and do not produce legal or similarly significant effects on any person. Everbook makes no representations regarding the accuracy, completeness, or suitability of AI-generated recommendations for any particular purpose.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EVERBOOK OR THROUGH OR FROM THE WEBSITE OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
TO THE FULLEST EXTENT ALLOWED BY LAW, UNDER NO CIRCUMSTANCES WILL EVERBOOK, OR ITS MEMBERS, MANAGERS, OWNERS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, VENDORS, LICENSORS, OR OTHER REPRESENTATIVES, NOR ANY OF THEIR AFFILIATES, BE LIABLE, INCLUDING WITHOUT LIMITATION, FOR BREACH OF CONTRACT, TORT, OR NEGLIGENCE, FOR ANY:
THAT ARISE OUT OF OR IN CONNECTION WITH THE OPERATION OF OR YOUR ACCESS TO AND USE OF THE WEBSITE OR SERVICES, INCLUDING ANY FAILURE OF PERFORMANCE, ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, INTERRUPTION, DELETION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO THE WEBSITE OR SERVICES.
YOU SPECIFICALLY ACKNOWLEDGE THAT EVERBOOK IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE WEBSITE OR SERVICES OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU USE THE WEBSITE AND SERVICES AT YOUR SOLE RISK.
YOU ALSO UNDERSTAND THAT EVERBOOK IS NOT RESPONSIBLE FOR ANY INACCURACIES OR DEFECTS IN THE INFORMATION, SOFTWARE, COMMUNICATION LINES, INTERNET OR YOUR INTERNET SERVICE COMPANY (ISP), COMPUTER OR DEVICE HARDWARE OR SOFTWARE, OR ANY OTHER SERVICE OR DEVICE THAT YOU USE TO ACCESS THE WEBSITE OR SERVICES.
IN NO EVENT SHALL EVERBOOK’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO EVERBOOK IN THE TWELVE (12) MONTHS PRECEDING THE INCIDENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100.00 USD), WHICHEVER IS GREATER.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH CASES, EVERBOOK’S LIABILITY WILL NEVERTHELESS BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS EVERBOOK AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SUCCESSORS, AND ASSIGNS, FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, DAMAGES, LOSSES, LIABILITIES, COSTS, EXPENSES, AND ATTORNEYS’ FEES (INCLUDING WITHOUT LIMITATION SETTLEMENT COSTS AND ATTORNEYS’ FEES) ARISING OUT OF OR RESULTING FROM:
Everbook reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Everbook in asserting any available defenses.
These Terms shall remain in effect until terminated by you or Everbook.
You may terminate your use of the Website and close your Account at any time by contacting Everbook at privacy@everbook360.com. Upon termination, your right to use the Website will immediately cease.
Everbook may terminate or suspend your Account or access to this Website or Services and bar further access to or use of the Website or Services at any time, without prior notice or liability, for any reason, including but not limited to breach of these Terms.
Upon termination:
Sections that by their nature should survive termination shall survive termination, including but not limited to sections regarding intellectual property rights, warranty disclaimers, limitation of liability, indemnification, and governing law.
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.
Except as otherwise required by applicable law, any legal suit, action, or proceeding arising out of or related to these Terms or the Website shall be instituted exclusively in the federal courts or state courts located in Travis County, Texas. Each party irrevocably submits to the exclusive jurisdiction of such courts and waives any objection based on improper venue or forum non conveniens.
Arbitration Agreement. Any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, or validity thereof shall be finally resolved by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules.
CLASS ACTION WAIVER. YOU AGREE THAT ANY ARBITRATION OR PROCEEDING SHALL LIE ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR CONSOLIDATED ACTION. IF THE PROHIBITION ON CLASS ACTIONS IS FOUND INVALID OR UNENFORCEABLE, THEN THE ENTIRE ARBITRATION PROVISION SHALL BE VOID.
JURY TRIAL WAIVER. EACH PARTY HEREBY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE OR SERVICES.
Notwithstanding the foregoing, Everbook may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights.
Your use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. The Privacy Policy describes how we collect, use, and protect your personal information.
Everbook is the controller for personal information we collect directly from website visitors, Event Operator users, billing contacts, job applicants, and our own employees.
Everbook is the processor (acting on behalf of the Event Operator) for personal information about end clients (people booking events), event guests, vendors in the venue’s network, and Event Operator employees processed through our white-labeled payroll feature (powered by Check Embedded). In these cases, the Event Operator (the venue) is the controller.
When Everbook acts as a processor, rights requests—such as access, deletion, or correction—should be directed to the relevant Event Operator, not to Everbook. Everbook will assist Event Operators with fulfilling these requests as required under our standard processor obligations.
Everbook extends consistent privacy rights to all individuals regardless of their state of residence, including access, deletion, correction, and portability your personal information. For information on exercising your rights, see our Privacy Policy. Everbook reserves the right to decline requests from individuals that are not granted such rights by law.
If you are a Washington resident, event guest dietary restrictions and allergies are classified as consumer health data under Washington’s My Health My Data Act (MHMDA). We will obtain your opt-in consent before processing this data and will use it solely for kitchen execution purposes. A dedicated Consumer Health Data Privacy Notice is available at everbook360.com/privacy/washington-health-data.
Everbook implements industry-standard security measures to protect your data, including:
However, no method of transmission over the internet or electronic storage is 100% secure. While we strive to protect your data, we cannot guarantee its absolute security.
These Terms constitute the sole and entire agreement between you and Everbook regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website. To the extent that these Terms reference matters also stated in Everbook’s Privacy Policy or Software License Agreement, such terms are intended to compliment those contained in the named external documents; in the event of a conflict between these Terms and any other Everbook policy or agreement, unless it is a matter specifically related to the Website, in which case these Terms control, the other policy or agreement otherwise takes precedence over parallel language that may exist in these Terms.
Everbook reserves the right to update or modify these Terms at any time without prior notice. Your continued use of the Website after any changes constitutes acceptance of those changes. You should review these Terms periodically for updates.
If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
The waiver by Everbook of any term or condition of these Terms shall not effect any subsequent waiver, nor shall the failure of Everbook to exercise or enforce any right or provision of these Terms operate as a waiver of such right or provision.
You may not assign or transfer these Terms or your rights hereunder without Everbook’s prior written consent. Everbook may assign these Terms without restriction.
Nothing in these Terms shall be construed as creating an agency, partnership, joint venture, or employment relationship between you and Everbook.
Everbook shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, flood, earthquakes, storms, or other natural disasters, interruption or failure of telecommunications facilities, computer viruses, or denial of service attacks.
These Terms are for the sole benefit of the parties hereto and their respective successors and assigns, and nothing herein, express or implied, is intended to or shall confer upon any other person any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.
These Terms have been drafted in English. Any translations of these Terms are provided for your convenience, and the English version shall prevail in the event of any conflict or inconsistency.
Questions about the Terms or Privacy Policy should be directed to Everbook at:
Email: privacy@everbook360.com
Attention: Zachary Siegel, Chief Executive Officer
Mailing Address: Austin, Texas [Full registered address pending formation completion]
Phone: Business phone number pending setup
| Term | Meaning |
|---|---|
| Everbook, we, us, our | Everbook, Inc. and its affiliates |
| Website | The Everbook SaaS operational Website accessed via everbook360.com or its subdomains, including all related services |
| Event Operator | A venue or event management customer who uses the Website and related Services to manage their operations and/or events |
| Personal Information | Information that identifies, relates to, or can reasonably be linked to a particular individual |
| Controller | The party that determines the purposes and means of processing personal information (Everbook for some data; the Event Operator for end-client and event-guest data) |
| Processor | The party that processes personal information on behalf of a controller (Everbook for end-client and event-guest data) |
| User Content | Content you post or publish in public areas of the Website |
| Services | The Website and all related features, content, and applications accessible via the Website |
| Subprocessor | A third-party service provider that processes personal information on our behalf under contractual obligation |
| Check Embedded | Our payroll subprocessor that holds all payroll-sensitive data (SSN, banking, tax) |