Terms of Service for Paloma

Effective Date: March 19, 2026

Welcome to Paloma, operated by Paloma Software Corporation, a small, family-run business. By using our platform, you agree to these terms of service. If you're reading this, thank you. Our aim is to have a simple set of readable terms. If you have any questions please reach out to us at contact@palomaparties.com.

It is important to us that the main effects of these terms are easy to understand. Here's the summary:

Paloma provides event booking tools - widgets that venues embed on their websites so their guests can browse and book events easily. We also provide a sophisticated ambient event management platform for vendors and organizations. These terms govern the use of those tools, whether you're a guest making a booking or a venue using our widgets.

The short version:

  • Paloma connects guests with venues. We strive to do whatever we can to help make the events we're a part of successful, but we're not the venue and we're not responsible for the event itself.

  • Our widgets may include automated responses. These are helpful but not guaranteed to be perfectly accurate — always confirm details directly with the venue.

  • The service is provided as-is. Our liability is limited to what we've actually been paid by vendors or guests.

  • Ontario law governs these terms.

  • For how we handle your data, see our Privacy Policy.

The full terms follow below.

For Guests

Your Account. You may need to create an account to use certain features. You're responsible for maintaining the security of your account credentials. One account per person — multiple accounts are not permitted. You must be at least 13 years of age to use the service.

Content You Submit. When you submit information through Paloma's widgets (event details, photos, messages, reviews, etc.), you retain ownership of that content. By submitting it, you grant Paloma and the applicable venue a license to use, display, and store that content as needed to provide the service. We will seek your permission if we ever consider using your content for marketing purposes.

Acceptable Use. Don't submit false or misleading information. Don't use the platform for spam, hate speech, or anything illegal, abusive, or harmful. Don't attempt to interfere with the service or access other users' accounts.

Automated Responses. We work hard to ensure our automated systems are as accurate as possible. That said, automated responses may not always perfectly reflect a venue's current offerings, availability, or policies. Venues configure their own responses and are responsible for monitoring their accuracy. Always confirm important details directly with the venue. Paloma is not liable for inaccuracies in automated responses, even when properly configured by venues.

Service Availability. We may modify, update, or discontinue features at any time. We don't guarantee the continued availability of any particular feature. Continued use of the service after modifications constitutes acceptance of those changes.

Account Termination. Paloma may suspend or terminate your account for inappropriate behaviour, misuse of the platform, or violation of these terms. Upon termination, you lose access to the service and may not re-register without permission.

Limitation of Liability. The service is provided "as is." Paloma facilitates connections between guests and venues — we are not a party to any event or transaction between you and a venue. To the maximum extent permitted by law, Paloma is not liable for any indirect, incidental, or consequential damages arising from your use of the service.

Disputes. If you have a concern, please contact us at contact@palomaparties.com and we'll work to resolve it directly.


For Vendors

The following terms apply to venues, restaurants, professionals, and other organizations that use Paloma's platform and services.

BY ACCESSING AND/OR USING ANY PALOMA SOFTWARE CORPORATION ("Paloma") SERVICES, INCLUDING PALOMA'S WIDGETS, YOU ARE DEEMED TO HAVE READ AND ARE INDICATING YOUR ACCEPTANCE OF, AND AGREEMENT TO BE BOUND BY, THE PROVISIONS OF THESE TERMS OF SERVICE WHICH: (1) ALLOW YOUR USE OF PALOMA'S SERVICES UNDER CERTAIN TERMS AND CONDITIONS; AND (2) ALLOW PALOMA TO TERMINATE THESE TERMS AND YOUR USE OF PALOMA'S SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE ANY PALOMA SERVICES AND YOU MUST NOT DO SO.

Services. Paloma provides a platform of event management tools and services, including embeddable website widgets ("Widgets"), a vendor dashboard, email monitoring and communication tools, inquiry and customer data management, and related features (collectively, the "Services"). The Widgets are a component of the Services that you may place on a website for which you have proper authorization ("your Website") which allow visitors to your Website to access and view content on or through Paloma's websites. If you access and/or use any of the Services, then you agree to be bound by the provisions of these Terms. If you use the Services on behalf of a company or other entity, then you represent that you have authority to bind the company or other entity and its affiliates to these Terms, in which case the terms "you" or "your" shall refer to such company or other entity and its affiliates. If you do not have such authority, or if you do not agree with the provisions of these Terms, then you may not access and/or use any of the Services.

  1. Service and Widget Content. You agree that the Services may display Paloma logos, links to information located on Paloma's websites and other Paloma content (collectively, "Paloma Content"). The Services include Paloma Content, as well as all software files or images incorporated in, or generated by, the Services, and any and all data and html embedded code that accompanies the Services, and any upgrades, enhancements or modifications to such software and code. You acknowledge and agree that Paloma may use data capture, syndication analysis and other similar tools to track, extract, compile, aggregate and analyze any data or information resulting from use of the Services.

    The Services may include automated response systems that assist with Guest inquiries and provide event-related information. You are responsible for configuring, monitoring, and maintaining the accuracy of any automated responses generated through the Services. Paloma works to ensure automated systems function as intended; however, Paloma does not warrant the accuracy of any automated response, even when properly configured by you. You agree to promptly report any discrepancies in automated responses to Paloma at contact@palomaparties.com.

  2. License. Subject to your compliance with the provisions of these Terms, Paloma hereby grants you a limited, revocable, non-exclusive, non-assignable, non-transferable, non-sublicensable license (the "License") to use the Services, including to display the Widgets on your Website. You are not licensed to use the Services for any other purpose, and nothing in these Terms shall be deemed to grant you any right, title or interest in the Services. Except for the rights expressly granted in these Terms, you acquire no other rights, express or implied, in or to the Services or Paloma Content, and all rights that are not expressly granted to you hereunder are reserved by Paloma. All components of the Services provided or made available to you are licensed, not sold.

  3. Restrictions on Use. The License is subject to the following restrictions on use: (a) you may not decompile, reverse engineer, disassemble, modify, embed, rent, lease, loan, distribute, or create derivative works or improvements from the Services or any portion thereof, or attempt to discover any source code, protocols, or other trade secrets in the Services; (b) you may not obtain or attempt to obtain unauthorized access to Paloma's network(s); (c) you may not incorporate the Services into any hardware or software device that you are not authorized to use or otherwise modify; (d) you may not use, export, or re-export the Services in violation of applicable laws or regulations including applicable United States and Canadian Export Control laws; (e) you may not sell, lease, loan, distribute, transfer or sublicense the Services or access thereto or derive income from the use or provision thereof, whether for direct commercial or monetary gain or otherwise, without Paloma's express prior written permission; (f) with respect to the Widgets, you may not obscure or disable any element of the Widgets; (g) with respect to the Widgets, your Website page titles and other trademarks and logos must appear at least as prominent as Paloma's trademarks and logos in the Widgets; (h) you may not display the Widgets in any manner that implies partnership with, affiliation with, sponsorship or endorsement by Paloma; (i) you may not display the Widgets on any site that disparages Paloma or any of Paloma's products or services, infringes any Paloma intellectual property or other rights, or violates any applicable laws; (j) you may not place the Widgets on sites that include content that is offensive, abusive, harassing, threatening, discriminatory, vulgar, pornographic or otherwise inappropriate as determined by Paloma in its sole discretion; (k) you may not use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms; and (l) you may not use the Services for any enterprise, commercial, personal or other purposes for which the Services were not designed. Subject to the express parameters of the License granted to you above, the Services and Paloma Content may not be copied, modified, deleted, reproduced, republished, posted, transmitted, sold, offered for sale and/or redistributed in any way without obtaining Paloma's express prior written permission in each instance. Without Paloma's express prior written consent, the Widgets may not be embedded by you or any other person within other widgets or gadgets or software modules. You hereby acknowledge and agree that Paloma may crawl or otherwise monitor your Website for the purpose of confirming compliance with these Terms, or may authorize its representatives to do so.

  4. Link to Content Pages. The Widgets must be displayed in a manner that permits successful linking to, redirection to, and delivery of the applicable content. Unless otherwise agreed in writing with Paloma, you may not insert any intermediate page, splash page, or other content between the Widgets and the applicable content. The embed code provided by Paloma must be used in its entirety and the link code may not be stripped out upon embedding.

  5. Your Privacy Policy. Paloma recommends that you maintain a privacy policy on your Website that complies with applicable laws and that informs your end users that third-party tools, including Paloma's Widgets, may collect information and use cookies. For guidance on what your privacy policy should include, please refer to Paloma's Privacy Policy or contact us at contact@palomaparties.com.

  6. Equipment and Support Updates. You shall be responsible for obtaining and maintaining all computer software and hardware and other equipment needed for access to and use of the Services, and all fees and charges related thereto. Paloma may not offer any technical or maintenance service or support for the Services. Paloma may offer upgrades or updates to the Services at its sole discretion. Notwithstanding the foregoing provisions of this Section 6, nothing in these Terms will be construed as an obligation for Paloma to install, maintain or support the Services or to provide you with upgrades, updates or plug-ins to the Services. Paloma may change, suspend or discontinue any aspect of the Services at any time without notice to you. Paloma may impose limits on certain features and services or restrict your access to parts or all of the Services, related content and/or services without notice or liability.

  7. Fees. In consideration for the rights granted by Paloma to you in these Terms (including, without limitation, the License), you agree to pay the fees set out in each invoice ("Invoice") issued to you by Paloma (collectively, the "Fees") together with all taxes, duties, levies, tariffs and other governmental charges applicable to the Fees (including, without limitation, any value-added or similar taxes) in the manner and according to all other terms set out in each Invoice. Fees may include recurring subscription charges, usage-based charges, and any other charges as set out in the applicable Invoice or as otherwise agreed between you and Paloma. Without limiting the generality of any other provision of these Terms, if the amount of any due and payable Fees are not paid within 45 calendar days following the date due for such payment, then the License will immediately terminate on the 46th calendar day following such due date at which time you will have no right whatsoever to continue to use the Services. Invoices shall be issued for the billing period specified in the applicable Invoice. Paloma may make available to you, at its sole discretion, a free trial for the number of calendar days specified in your initial Invoice to have a License to use the Services ("Trial"). Upon expiration of the Trial, you will be required to pay the Fees in accordance with your Invoice to continue using the Services. Paloma reserves the right to modify its fee structure upon reasonable notice to you; any such changes will take effect at the start of your next billing period.

  8. Viruses. Without limiting the generality of any other provision of these Terms, Paloma assumes no responsibility, and shall not be liable, for any damages to, or viruses that may infect your computer software, equipment or other property as a result of your access to or use of the Services, or your downloading of any materials, data, text, images, video, or audio from any Paloma websites.

  9. No Warranties. YOU UNDERSTAND AND AGREE THAT ALL USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". PALOMA MAKES NO EXPRESS WARRANTIES AND DISCLAIMS ALL IMPLIED WARRANTIES REGARDING THE SERVICES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, TOGETHER WITH ANY AND ALL WARRANTIES ARISING FROM ANY COURSE OF DEALING OR USAGE IN TRADE. PALOMA FURTHER DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY AND PERFORMANCE OF THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICES AT YOUR OWN DISCRETION AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO ANY COMPUTER SYSTEM OR FOR ANY LOSS OF DATA THAT RESULTS FROM ANY USE OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PALOMA SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. IN THE EVENT OF ANY INTERRUPTION OF THE SERVICES, PALOMA'S SOLE RESPONSIBILITY SHALL BE TO USE COMMERCIALLY REASONABLE EFFORTS TO CORRECT THE INTERRUPTION. NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS SECTION 9, NOTHING IN THIS SECTION 9 AND/OR IN SECTION 10 BELOW SHALL EXCLUDE OR LIMIT PALOMA'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.

  10. Limitation of Liability. YOU AGREE THAT NONE OF PALOMA OR ITS LICENSORS OR SUPPLIERS SHALL HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR ACCESS TO AND/OR USE OF THE SERVICES (OR PALOMA'S SUSPENSION OR TERMINATION OF SUCH ACCESS AND/OR USE) REGARDLESS OF WHETHER ANY REMEDY SET OUT IN THESE TERMS FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, AND EXCEPT FOR BODILY INJURY, IN NO EVENT SHALL PALOMA OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS AND/OR LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF BUSINESS OR OTHER SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES, EVEN IF PALOMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE. PALOMA'S MAXIMUM AGGREGATE LIABILITY ARISING IN CONNECTION WITH THE SERVICES AND/OR THESE TERMS SHALL NOT, IN ANY EVENT, EXCEED ANY AMOUNTS ACTUALLY RECEIVED BY PALOMA FOR LICENSING THE SERVICES TO YOU.

  11. Indemnification. To the maximum extent permitted by applicable law, you hereby agree to indemnify, defend and hold harmless Paloma and its subsidiaries, affiliates, licensors and suppliers and its and their respective directors, officers, employees and agents from and against any claim or demand made by any third party arising from or in any way related to your use of the Services and/or in violation of any provision(s) of these Terms including, without limitation, any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys' fees, in each case of every kind and nature. With respect to such indemnification: (a) Paloma shall provide you with written notice of any such claim or demand; (b) Paloma reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations in any way; and (c) in the event of your settlement of an action, you agree to obtain Paloma's prior written consent to such settlement (which consent will not be unreasonably withheld).

  12. Right to Terminate. Without limiting the generality of any other provision of these Terms, at any time and for any reason or no reason, Paloma, in its sole discretion, may terminate the License, your use of the Services and (with respect to you) these Terms by giving notice to you. In such case, you agree to (i) promptly remove the Widgets from your Website, (ii) cease all further use of the Services, and (iii) destroy all copies of the Widgets and any Paloma Content, including all portions and derivatives thereof. If you wish to discontinue use of the Services and terminate these Terms with respect to you, you must notify Paloma in writing at least 30 calendar days prior to the end of the current fully paid Invoice term. If such notice has been given, upon expiry of the current Invoice term the License will immediately terminate at which time you will have no right whatsoever to continue use of the Services and you agree to take the actions (i), (ii) and (iii) listed in this Section 12. Upon termination of these Terms for any reason, Paloma will retain Guest data collected through the Services in accordance with Paloma's Privacy Policy. You may request a copy of your account data by contacting Paloma at contact@palomaparties.com prior to or within 30 calendar days following termination. After such period, Paloma may delete your account data in accordance with its data retention practices.

  13. Changed Terms. Paloma may, at any time, change or modify the terms and conditions applicable to your use of the Services, or any part thereof, or impose new conditions. Such changes, modifications, additions and/or deletions shall be effective immediately upon Paloma issuing you notice thereof, which notice may be given by any means including, without limitation, by electronic or conventional mail, or by any other means. You can find the most recent version of these Terms here: https://palomaparties.com/terms. Any use of the Services by you after Paloma sends you any such notice shall be deemed to constitute acceptance of such changes, modifications, additions and/or deletions. Paloma encourages you to review these Terms periodically.

  14. No Publicity. You may publicize your use of the Services, but you may not state or imply any partnership, sponsorship, or endorsement by Paloma, or make claims that misrepresent the nature or scope of your relationship with Paloma. For example, use of the Widgets does not constitute generalized integration with Paloma or its systems. You may make such statements with Paloma's prior written consent.

  15. Miscellaneous. You acknowledge that the Services may be subject to applicable export control laws, restrictions and/or regulations including, without limitation, the Exports and Imports Permits Act (Canada), and you agree that you will comply in all respects with all such laws and regulations. If the Services are identified as an export-controlled item under applicable export law, then you represent and warrant that you are not a citizen of, or located within, an embargoed or otherwise restricted nation, and that you are not otherwise prohibited under applicable export laws from receiving the Services. Nothing in these Terms will be construed to create a partnership, joint venture or agency relationship between you and Paloma. These Terms are intended for the sole and exclusive benefit of you and Paloma and are not intended to benefit any third party. The headings in these Terms are for the convenience of reference only and have no legal effect. You may not assign these Terms or any of your rights or obligations hereunder, whether by operation of law or otherwise, without Paloma's prior written consent and any attempted assignment by you without such consent shall be void. Any direct or indirect change of control to which you are subject will be deemed to constitute an assignment of these Terms and shall be subject to the restrictions contained in the immediately preceding sentence. These Terms constitute the entire agreement between you and Paloma with respect to the subject matter hereof and supersede all prior oral or written understandings, communications or agreements not specifically incorporated in these Terms. The failure of Paloma or you to enforce any rights under these Terms at any time for any period shall not be construed as a waiver of such rights. The exercise by either you or Paloma of any remedy permitted by these Terms shall be without prejudice to other remedies that may be permitted by these Terms or any law applicable to these Terms. Any provision of these Terms which is finally determined by a court of competent jurisdiction with no further right of appeal to be illegal, invalid, prohibited and/or unenforceable shall, as within the jurisdiction of that court only, be ineffective to the extent of such illegality, invalidity, prohibition and/or unenforceability and shall be severed from the balance of these Terms for the purposes of that jurisdiction only, all without affecting the remaining provisions of these Terms or affecting the legality, validity and/or enforceability of such severed provision in any other jurisdiction. Paloma and you agree in good faith to reformulate any such illegal, invalid, prohibited and/or unenforceable provision to preserve the original intentions and objectives of these Terms and to remove such illegality, invalidity, prohibition and/or unenforceability to the extent possible for the purposes of the jurisdiction in which such provision was found to be illegal, invalid, prohibited and/or unenforceable without materially reducing the value of these Terms to Paloma or you. These Terms and all acts and transactions pursuant to these Terms and the rights and obligations of you and Paloma will be governed, construed and interpreted in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable in the Province of Ontario without giving effect to principles of conflicts of law. You and Paloma irrevocably consent and agree to the exclusive jurisdiction and venue of the courts of the Province of Ontario sitting in Ottawa, Ontario in any suit or proceeding based on or arising under these Terms and irrevocably agree that all claims in respect of such suit or proceeding shall be determined only in such courts. You and Paloma irrevocably waive the defense of an inconvenient forum and the right to object to the maintenance of such suit or proceeding and consent to the personal jurisdiction of such courts for any lawsuit filed therein based on or arising under these Terms. It is the express wish of you and Paloma that these Terms be drawn up in English. La volonté expresse des parties aux présentes est que ce "Agreement" soit rédigé en anglais. You and Paloma hereby waive any right to use and rely upon any other language.


Terms of Service for Paloma

Effective Date: March 19, 2026

Welcome to Paloma, operated by Paloma Software Corporation, a small, family-run business. By using our platform, you agree to these terms of service. If you're reading this, thank you. Our aim is to have a simple set of readable terms. If you have any questions please reach out to us at contact@palomaparties.com.

It is important to us that the main effects of these terms are easy to understand. Here's the summary:

Paloma provides event booking tools - widgets that venues embed on their websites so their guests can browse and book events easily. We also provide a sophisticated ambient event management platform for vendors and organizations. These terms govern the use of those tools, whether you're a guest making a booking or a venue using our widgets.

The short version:

  • Paloma connects guests with venues. We strive to do whatever we can to help make the events we're a part of successful, but we're not the venue and we're not responsible for the event itself.

  • Our widgets may include automated responses. These are helpful but not guaranteed to be perfectly accurate — always confirm details directly with the venue.

  • The service is provided as-is. Our liability is limited to what we've actually been paid by vendors or guests.

  • Ontario law governs these terms.

  • For how we handle your data, see our Privacy Policy.

The full terms follow below.

For Guests

Your Account. You may need to create an account to use certain features. You're responsible for maintaining the security of your account credentials. One account per person — multiple accounts are not permitted. You must be at least 13 years of age to use the service.

Content You Submit. When you submit information through Paloma's widgets (event details, photos, messages, reviews, etc.), you retain ownership of that content. By submitting it, you grant Paloma and the applicable venue a license to use, display, and store that content as needed to provide the service. We will seek your permission if we ever consider using your content for marketing purposes.

Acceptable Use. Don't submit false or misleading information. Don't use the platform for spam, hate speech, or anything illegal, abusive, or harmful. Don't attempt to interfere with the service or access other users' accounts.

Automated Responses. We work hard to ensure our automated systems are as accurate as possible. That said, automated responses may not always perfectly reflect a venue's current offerings, availability, or policies. Venues configure their own responses and are responsible for monitoring their accuracy. Always confirm important details directly with the venue. Paloma is not liable for inaccuracies in automated responses, even when properly configured by venues.

Service Availability. We may modify, update, or discontinue features at any time. We don't guarantee the continued availability of any particular feature. Continued use of the service after modifications constitutes acceptance of those changes.

Account Termination. Paloma may suspend or terminate your account for inappropriate behaviour, misuse of the platform, or violation of these terms. Upon termination, you lose access to the service and may not re-register without permission.

Limitation of Liability. The service is provided "as is." Paloma facilitates connections between guests and venues — we are not a party to any event or transaction between you and a venue. To the maximum extent permitted by law, Paloma is not liable for any indirect, incidental, or consequential damages arising from your use of the service.

Disputes. If you have a concern, please contact us at contact@palomaparties.com and we'll work to resolve it directly.


For Vendors

The following terms apply to venues, restaurants, professionals, and other organizations that use Paloma's platform and services.

BY ACCESSING AND/OR USING ANY PALOMA SOFTWARE CORPORATION ("Paloma") SERVICES, INCLUDING PALOMA'S WIDGETS, YOU ARE DEEMED TO HAVE READ AND ARE INDICATING YOUR ACCEPTANCE OF, AND AGREEMENT TO BE BOUND BY, THE PROVISIONS OF THESE TERMS OF SERVICE WHICH: (1) ALLOW YOUR USE OF PALOMA'S SERVICES UNDER CERTAIN TERMS AND CONDITIONS; AND (2) ALLOW PALOMA TO TERMINATE THESE TERMS AND YOUR USE OF PALOMA'S SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE ANY PALOMA SERVICES AND YOU MUST NOT DO SO.

Services. Paloma provides a platform of event management tools and services, including embeddable website widgets ("Widgets"), a vendor dashboard, email monitoring and communication tools, inquiry and customer data management, and related features (collectively, the "Services"). The Widgets are a component of the Services that you may place on a website for which you have proper authorization ("your Website") which allow visitors to your Website to access and view content on or through Paloma's websites. If you access and/or use any of the Services, then you agree to be bound by the provisions of these Terms. If you use the Services on behalf of a company or other entity, then you represent that you have authority to bind the company or other entity and its affiliates to these Terms, in which case the terms "you" or "your" shall refer to such company or other entity and its affiliates. If you do not have such authority, or if you do not agree with the provisions of these Terms, then you may not access and/or use any of the Services.

  1. Service and Widget Content. You agree that the Services may display Paloma logos, links to information located on Paloma's websites and other Paloma content (collectively, "Paloma Content"). The Services include Paloma Content, as well as all software files or images incorporated in, or generated by, the Services, and any and all data and html embedded code that accompanies the Services, and any upgrades, enhancements or modifications to such software and code. You acknowledge and agree that Paloma may use data capture, syndication analysis and other similar tools to track, extract, compile, aggregate and analyze any data or information resulting from use of the Services.

    The Services may include automated response systems that assist with Guest inquiries and provide event-related information. You are responsible for configuring, monitoring, and maintaining the accuracy of any automated responses generated through the Services. Paloma works to ensure automated systems function as intended; however, Paloma does not warrant the accuracy of any automated response, even when properly configured by you. You agree to promptly report any discrepancies in automated responses to Paloma at contact@palomaparties.com.

  2. License. Subject to your compliance with the provisions of these Terms, Paloma hereby grants you a limited, revocable, non-exclusive, non-assignable, non-transferable, non-sublicensable license (the "License") to use the Services, including to display the Widgets on your Website. You are not licensed to use the Services for any other purpose, and nothing in these Terms shall be deemed to grant you any right, title or interest in the Services. Except for the rights expressly granted in these Terms, you acquire no other rights, express or implied, in or to the Services or Paloma Content, and all rights that are not expressly granted to you hereunder are reserved by Paloma. All components of the Services provided or made available to you are licensed, not sold.

  3. Restrictions on Use. The License is subject to the following restrictions on use: (a) you may not decompile, reverse engineer, disassemble, modify, embed, rent, lease, loan, distribute, or create derivative works or improvements from the Services or any portion thereof, or attempt to discover any source code, protocols, or other trade secrets in the Services; (b) you may not obtain or attempt to obtain unauthorized access to Paloma's network(s); (c) you may not incorporate the Services into any hardware or software device that you are not authorized to use or otherwise modify; (d) you may not use, export, or re-export the Services in violation of applicable laws or regulations including applicable United States and Canadian Export Control laws; (e) you may not sell, lease, loan, distribute, transfer or sublicense the Services or access thereto or derive income from the use or provision thereof, whether for direct commercial or monetary gain or otherwise, without Paloma's express prior written permission; (f) with respect to the Widgets, you may not obscure or disable any element of the Widgets; (g) with respect to the Widgets, your Website page titles and other trademarks and logos must appear at least as prominent as Paloma's trademarks and logos in the Widgets; (h) you may not display the Widgets in any manner that implies partnership with, affiliation with, sponsorship or endorsement by Paloma; (i) you may not display the Widgets on any site that disparages Paloma or any of Paloma's products or services, infringes any Paloma intellectual property or other rights, or violates any applicable laws; (j) you may not place the Widgets on sites that include content that is offensive, abusive, harassing, threatening, discriminatory, vulgar, pornographic or otherwise inappropriate as determined by Paloma in its sole discretion; (k) you may not use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms; and (l) you may not use the Services for any enterprise, commercial, personal or other purposes for which the Services were not designed. Subject to the express parameters of the License granted to you above, the Services and Paloma Content may not be copied, modified, deleted, reproduced, republished, posted, transmitted, sold, offered for sale and/or redistributed in any way without obtaining Paloma's express prior written permission in each instance. Without Paloma's express prior written consent, the Widgets may not be embedded by you or any other person within other widgets or gadgets or software modules. You hereby acknowledge and agree that Paloma may crawl or otherwise monitor your Website for the purpose of confirming compliance with these Terms, or may authorize its representatives to do so.

  4. Link to Content Pages. The Widgets must be displayed in a manner that permits successful linking to, redirection to, and delivery of the applicable content. Unless otherwise agreed in writing with Paloma, you may not insert any intermediate page, splash page, or other content between the Widgets and the applicable content. The embed code provided by Paloma must be used in its entirety and the link code may not be stripped out upon embedding.

  5. Your Privacy Policy. Paloma recommends that you maintain a privacy policy on your Website that complies with applicable laws and that informs your end users that third-party tools, including Paloma's Widgets, may collect information and use cookies. For guidance on what your privacy policy should include, please refer to Paloma's Privacy Policy or contact us at contact@palomaparties.com.

  6. Equipment and Support Updates. You shall be responsible for obtaining and maintaining all computer software and hardware and other equipment needed for access to and use of the Services, and all fees and charges related thereto. Paloma may not offer any technical or maintenance service or support for the Services. Paloma may offer upgrades or updates to the Services at its sole discretion. Notwithstanding the foregoing provisions of this Section 6, nothing in these Terms will be construed as an obligation for Paloma to install, maintain or support the Services or to provide you with upgrades, updates or plug-ins to the Services. Paloma may change, suspend or discontinue any aspect of the Services at any time without notice to you. Paloma may impose limits on certain features and services or restrict your access to parts or all of the Services, related content and/or services without notice or liability.

  7. Fees. In consideration for the rights granted by Paloma to you in these Terms (including, without limitation, the License), you agree to pay the fees set out in each invoice ("Invoice") issued to you by Paloma (collectively, the "Fees") together with all taxes, duties, levies, tariffs and other governmental charges applicable to the Fees (including, without limitation, any value-added or similar taxes) in the manner and according to all other terms set out in each Invoice. Fees may include recurring subscription charges, usage-based charges, and any other charges as set out in the applicable Invoice or as otherwise agreed between you and Paloma. Without limiting the generality of any other provision of these Terms, if the amount of any due and payable Fees are not paid within 45 calendar days following the date due for such payment, then the License will immediately terminate on the 46th calendar day following such due date at which time you will have no right whatsoever to continue to use the Services. Invoices shall be issued for the billing period specified in the applicable Invoice. Paloma may make available to you, at its sole discretion, a free trial for the number of calendar days specified in your initial Invoice to have a License to use the Services ("Trial"). Upon expiration of the Trial, you will be required to pay the Fees in accordance with your Invoice to continue using the Services. Paloma reserves the right to modify its fee structure upon reasonable notice to you; any such changes will take effect at the start of your next billing period.

  8. Viruses. Without limiting the generality of any other provision of these Terms, Paloma assumes no responsibility, and shall not be liable, for any damages to, or viruses that may infect your computer software, equipment or other property as a result of your access to or use of the Services, or your downloading of any materials, data, text, images, video, or audio from any Paloma websites.

  9. No Warranties. YOU UNDERSTAND AND AGREE THAT ALL USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". PALOMA MAKES NO EXPRESS WARRANTIES AND DISCLAIMS ALL IMPLIED WARRANTIES REGARDING THE SERVICES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, TOGETHER WITH ANY AND ALL WARRANTIES ARISING FROM ANY COURSE OF DEALING OR USAGE IN TRADE. PALOMA FURTHER DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY AND PERFORMANCE OF THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICES AT YOUR OWN DISCRETION AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO ANY COMPUTER SYSTEM OR FOR ANY LOSS OF DATA THAT RESULTS FROM ANY USE OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PALOMA SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. IN THE EVENT OF ANY INTERRUPTION OF THE SERVICES, PALOMA'S SOLE RESPONSIBILITY SHALL BE TO USE COMMERCIALLY REASONABLE EFFORTS TO CORRECT THE INTERRUPTION. NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS SECTION 9, NOTHING IN THIS SECTION 9 AND/OR IN SECTION 10 BELOW SHALL EXCLUDE OR LIMIT PALOMA'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.

  10. Limitation of Liability. YOU AGREE THAT NONE OF PALOMA OR ITS LICENSORS OR SUPPLIERS SHALL HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR ACCESS TO AND/OR USE OF THE SERVICES (OR PALOMA'S SUSPENSION OR TERMINATION OF SUCH ACCESS AND/OR USE) REGARDLESS OF WHETHER ANY REMEDY SET OUT IN THESE TERMS FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, AND EXCEPT FOR BODILY INJURY, IN NO EVENT SHALL PALOMA OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS AND/OR LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF BUSINESS OR OTHER SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES, EVEN IF PALOMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE. PALOMA'S MAXIMUM AGGREGATE LIABILITY ARISING IN CONNECTION WITH THE SERVICES AND/OR THESE TERMS SHALL NOT, IN ANY EVENT, EXCEED ANY AMOUNTS ACTUALLY RECEIVED BY PALOMA FOR LICENSING THE SERVICES TO YOU.

  11. Indemnification. To the maximum extent permitted by applicable law, you hereby agree to indemnify, defend and hold harmless Paloma and its subsidiaries, affiliates, licensors and suppliers and its and their respective directors, officers, employees and agents from and against any claim or demand made by any third party arising from or in any way related to your use of the Services and/or in violation of any provision(s) of these Terms including, without limitation, any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys' fees, in each case of every kind and nature. With respect to such indemnification: (a) Paloma shall provide you with written notice of any such claim or demand; (b) Paloma reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations in any way; and (c) in the event of your settlement of an action, you agree to obtain Paloma's prior written consent to such settlement (which consent will not be unreasonably withheld).

  12. Right to Terminate. Without limiting the generality of any other provision of these Terms, at any time and for any reason or no reason, Paloma, in its sole discretion, may terminate the License, your use of the Services and (with respect to you) these Terms by giving notice to you. In such case, you agree to (i) promptly remove the Widgets from your Website, (ii) cease all further use of the Services, and (iii) destroy all copies of the Widgets and any Paloma Content, including all portions and derivatives thereof. If you wish to discontinue use of the Services and terminate these Terms with respect to you, you must notify Paloma in writing at least 30 calendar days prior to the end of the current fully paid Invoice term. If such notice has been given, upon expiry of the current Invoice term the License will immediately terminate at which time you will have no right whatsoever to continue use of the Services and you agree to take the actions (i), (ii) and (iii) listed in this Section 12. Upon termination of these Terms for any reason, Paloma will retain Guest data collected through the Services in accordance with Paloma's Privacy Policy. You may request a copy of your account data by contacting Paloma at contact@palomaparties.com prior to or within 30 calendar days following termination. After such period, Paloma may delete your account data in accordance with its data retention practices.

  13. Changed Terms. Paloma may, at any time, change or modify the terms and conditions applicable to your use of the Services, or any part thereof, or impose new conditions. Such changes, modifications, additions and/or deletions shall be effective immediately upon Paloma issuing you notice thereof, which notice may be given by any means including, without limitation, by electronic or conventional mail, or by any other means. You can find the most recent version of these Terms here: https://palomaparties.com/terms. Any use of the Services by you after Paloma sends you any such notice shall be deemed to constitute acceptance of such changes, modifications, additions and/or deletions. Paloma encourages you to review these Terms periodically.

  14. No Publicity. You may publicize your use of the Services, but you may not state or imply any partnership, sponsorship, or endorsement by Paloma, or make claims that misrepresent the nature or scope of your relationship with Paloma. For example, use of the Widgets does not constitute generalized integration with Paloma or its systems. You may make such statements with Paloma's prior written consent.

  15. Miscellaneous. You acknowledge that the Services may be subject to applicable export control laws, restrictions and/or regulations including, without limitation, the Exports and Imports Permits Act (Canada), and you agree that you will comply in all respects with all such laws and regulations. If the Services are identified as an export-controlled item under applicable export law, then you represent and warrant that you are not a citizen of, or located within, an embargoed or otherwise restricted nation, and that you are not otherwise prohibited under applicable export laws from receiving the Services. Nothing in these Terms will be construed to create a partnership, joint venture or agency relationship between you and Paloma. These Terms are intended for the sole and exclusive benefit of you and Paloma and are not intended to benefit any third party. The headings in these Terms are for the convenience of reference only and have no legal effect. You may not assign these Terms or any of your rights or obligations hereunder, whether by operation of law or otherwise, without Paloma's prior written consent and any attempted assignment by you without such consent shall be void. Any direct or indirect change of control to which you are subject will be deemed to constitute an assignment of these Terms and shall be subject to the restrictions contained in the immediately preceding sentence. These Terms constitute the entire agreement between you and Paloma with respect to the subject matter hereof and supersede all prior oral or written understandings, communications or agreements not specifically incorporated in these Terms. The failure of Paloma or you to enforce any rights under these Terms at any time for any period shall not be construed as a waiver of such rights. The exercise by either you or Paloma of any remedy permitted by these Terms shall be without prejudice to other remedies that may be permitted by these Terms or any law applicable to these Terms. Any provision of these Terms which is finally determined by a court of competent jurisdiction with no further right of appeal to be illegal, invalid, prohibited and/or unenforceable shall, as within the jurisdiction of that court only, be ineffective to the extent of such illegality, invalidity, prohibition and/or unenforceability and shall be severed from the balance of these Terms for the purposes of that jurisdiction only, all without affecting the remaining provisions of these Terms or affecting the legality, validity and/or enforceability of such severed provision in any other jurisdiction. Paloma and you agree in good faith to reformulate any such illegal, invalid, prohibited and/or unenforceable provision to preserve the original intentions and objectives of these Terms and to remove such illegality, invalidity, prohibition and/or unenforceability to the extent possible for the purposes of the jurisdiction in which such provision was found to be illegal, invalid, prohibited and/or unenforceable without materially reducing the value of these Terms to Paloma or you. These Terms and all acts and transactions pursuant to these Terms and the rights and obligations of you and Paloma will be governed, construed and interpreted in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable in the Province of Ontario without giving effect to principles of conflicts of law. You and Paloma irrevocably consent and agree to the exclusive jurisdiction and venue of the courts of the Province of Ontario sitting in Ottawa, Ontario in any suit or proceeding based on or arising under these Terms and irrevocably agree that all claims in respect of such suit or proceeding shall be determined only in such courts. You and Paloma irrevocably waive the defense of an inconvenient forum and the right to object to the maintenance of such suit or proceeding and consent to the personal jurisdiction of such courts for any lawsuit filed therein based on or arising under these Terms. It is the express wish of you and Paloma that these Terms be drawn up in English. La volonté expresse des parties aux présentes est que ce "Agreement" soit rédigé en anglais. You and Paloma hereby waive any right to use and rely upon any other language.