- The terms and conditions are suitable in the free trial and during the subscription to your service (s) from a Service Plan of your choice.
- With Our Service(s): Directed to your consent with the Terms and Conditions, and entirely through the subscription Term, you have the inadequate, immeasurable, and elusive right to use and access the service (s) for the internal business objectives. You shall be liable for the control of the service (s) from your Account by some third parties. You may consent to more service (s). They may be directed to different Service Plans.
- With our APIs: Where relevant, the APIs should be used as per the API Policies implemented in this respect.
- Our Mobile Applications: Directed to your assent with the Terms and individually through the Subscription Term, You hold the restricted, immeasurable, non-transferrable, and elusive right to download, install and handle the Mobile Applications to access and process the service(s).
Your Account: Subjected to any restriction on the different individual Users in the Service Plan to subscribe, access, and control the service (s) is limited to the designated Users authorized under the subscription to service(s). Any User shall be analyzed with unique login information, like, usernames and passwords. One individual should use the User Login. If You are a trained service provider and want to practice the similar User Login in the Accounts you handle for your clients, you verify that it is you are only capable of getting required consent from those clients.
Without discrimination to our commitments, you are only liable for the confidentiality of User Login and Service Data at your end. Therefore, you should not give Login credentials with any third parties. In any case, unless you inform us of any illegal use or unusual movement in the account, you are liable for every activity that happens in your account. Without restricting the preceding, you are only accountable for assuring that your use of the service(s) to collect and send service Data is acquiescent with the relevant laws and ordinances. You also manage all liability for finding whether the service (s) or the information produced thereby is correct or adequate for your purposes.
- Use of the Service(s): You agree not to (a) sell, resell, license, sublicense, lease, rent, assign, transfer, share, time share or elseway commercially use or deliver the service (s) accessible to any of third party, except users and end-Users in improvement of the internal marketing purposes as expressly authorized by the Terms and conditions; (b) practice the service (s) to execute data with some third party than any end-Users; (c) change, modify, or hack the service (s) or elseway try to gain unlawful access to the service (s) or associated networks or systems ; (d) incorrectly infer any association or sponsorship with us; (e) practice the service (s) in any illegal manner, but not restricted to breach of any user’s privacy preferences; (f) practice the service (s) to transmit undesired information spam, junk mail, or other methods of unrequested or duplicative messages; (g) use the service (s) transmit or store any content that violates upon any user’s rational property rights; (h) use the service (s) in some way that conflicts with or interrupts the performance or integrity of the service (s) and its segments; (i) try to translate, reverse engineer, disassemble, decompile, reproduce, or copy or access or determine the source code or basic program of some software creating the service (s); (j) practice the service (s) to deliberately publish, broadcast, upload, send, link to or store some content that is illegal, discriminatory, offensive, insulting, sarcastic, filthy, or biased; (k) apply the service (s) to save or transfer some “protected health information” as that phrase except expressly allowed to record by Us; (l) manage the service (s) to intentionally post, send, link to, upload, transmit or save any malware, viruses, time bomb, Trojan horses, or some other related malicious software; (m) build a link to the websites in the manner to imply any agreement, consent or advertisement on our division where none subsists; (n) manage the service(s) for ad exchanges, cookie tracking, data brokerages, ad networks, or transmitting electronic communications (such as e-mail) in breach of applicable law; (o) usage of the service(s) for every purpose forbidden by relevant export regulations and laws, without limitation, chemical, nuclear or biological weapons propagation, or expansion of missile technology; (p) attempt to use, or use the service(s) in breach of these terms and conditions.
- You should be accountable for any data loss or strived or use of the service(s) or actual access through your account in infringement of these terms and conditions.
- If we notify you that a defined purpose or activity is prohibited concerning the service(s), you will guarantee that you promptly discontinue the service(s) for such outlawed purpose or activity.
ACCESS TO THE SERVICE(S)
You might not be able to use or access the service(s)
(a) while projected downtime for maintenance and upgrades to the service(s), or
(b) through any unavailability produced by factors exceeding our cognitive control, like, but not limited to, acts of government, acts of God, technical failures, acts of civil unrest or terror, exceeding our cognitive control (without interruption, inability to access the internet), or practices initiated by third parties, including without limitation, DDoS (Distributed Denial of Service) attacks.
- Salonist will use commercially reasonable attempts to register Projected Downtime for weekends (Pacific Time zone) and another off-peak hour.
CHANGES TO THE SERVICE(S) AND WEBSITES
- Our Service(s): We might change the service (s) timely, and You may get alerts of such enhancements, upgrades, or updates. Any current or limited features integrated to or increasing or contrarily changing the service (s) or additional modifications, updates or improvements to the service (s) are also directed to terms and conditions and We keep the right to deploy Updates at a general time.
Websites: Salonist can also modify content on the websites anytime. Though, remember that the content on Websites may be outdated at any time, and we are not committed to modifying it.
Precisely, this division applies to our websites, expelling the service (s). We might stop or modify some portion of our sites, that does not change the service (s), with no intimation. Our Websites might include links to content, websites, and resources given by third parties. Their own terms and privacy policies govern these Third-Party Links, and You acknowledge that We are not acknowledged to amend it.
Some other services (“Other Services”) like Apps, Custom Apps, and integrations are accessible to You via other forums or Market Place where applications are created for their alliance with the service(s). Their own terms and privacy policies govern these Other services, and You acknowledge that We are not accountable for Your usage of these additional Services where You wish to empower these Additional Services and blend them to Our service(s).
By allowing the Additional Services, You should recognize and acknowledge that We do not offer any guarantees any Other Services and We are not responsible for any harm or damage effected or claimed to be affected by or in conjunction with Your acknowledgment or control of another service, or Your confidence on the data security processes, security practices, or different policies of Additional Services. Please note that We are not liable for giving technical support for Additional Services and that We are not accountable for data transfer and data hosting practices observed by providers of Additional Services. To this extent, You should direct any remarks, questions, criticisms or reviews of Additional Services to the corresponding publishers or developers as defined in the other forums or Market Place.
BILLING, PLAN MODIFICATIONS AND PAYMENTS
- Subscription Costs: Except contrarily defined in the Additional terms and conditions, without Your free trial, all costs connected with the Account (“Subscription Costs”) are outstanding in broad and payable in progression, when You give consent to our Service(s). Except designated otherwise in a Kind, the Subscription Costs are dependent on the Plan You keep and are owed whole till You eliminate Your Account. You will get a receipt during the payment process.
- Payment method: You might pay the subscription Costs by Your credit card, or another reliable payment method as defined in a Form. In case of credit card payments, the payment is expected shortly upon your receipt of our statement. You thus empower Us or Our approved agents, as relevant, to charge Your credit card against Your service(s) subscription (and any renewal thereof). For payments via other trusted methods, Your payment is due in 30 (thirty) days of Our bill date except contrarily mentioned in the Form.
- Renewal: Your consent to the service (s) will resume accordingly for an Agreement Term similar in time to the then expiring of the Subscription Term. Except reversely given in some form, the Subscription Costs relevant to Your agreement to the service(s) for such succeeding Subscription Term should be Our official Subscription Charges for the Service Plan to which You have contributed as of the time such consequent Subscription Term begins. You recognize and acknowledge that except You eliminate Your Account, Your credit card will be carried automatically for the appropriate Subscription Charges.
- We might employ a third-party service provider to handle credit card and another payment processing; granted, that such service provider is not allowed to collect, maintain or use your payment account information besides processing the credit card and additional payment information for Us You should inform us of some alterations in the credit card or additional payment account details, either by renewing the account or by emailing us at email@example.com.
- Refunds: Except contrarily mentioned in these Terms and Conditions or a Service Plan or Form, all Subscription Charges are non-compensated. No refunds shall be published for incomplete use, or non-use of the service(s) by You gave, Though, You should be fitted for a pro-rated reimbursement of the Subscription Costs for the balance of the Subscription Term if You discontinue Your Account as a consequence of a material violation of these Terms and Conditions by us.
- Late Payments/Non-payment of Subscription Costs: Salonist will inform You if We do not accept payment for the Subscription Costs in the scheduled date for Your Account. For payments done for credit cards, We receive payments due in a maximum of 5 (five) days from the date of Our declaration and for payments by other trusted methods, We accept payments within 15 (fifteen) days from the time of Our notice. When We do not accept payment in the preceding period, addition to Our consent to different resolutions available in our law, (i) an interest can be charged for late payment; (ii) discontinue Your access to and usage of the service(s) till We accept Your payment for the Subscription Charges as defined within.
- Upgrades and Downgrades: The service plan can be upgraded or downgraded in the service plan in two service plans as per the provisions below:
- Upgrades: You can upgrade the Account while Your Subscription Term anytime. When the up-gradation of the current Subscription Charges, become quickly relevant, then the new Subscription Charges for the continued month will be charged according to the pro-rated basis, and the credit card will be charged accordingly. The following months will be charged comprehensively as per the new Subscription Charges.
- Downgrades: While subscribing to the Service(s) ere the Operative Date, You can downgrade the Account anytime in the Subscription Term but ere its renewal. Nevertheless, if You wish to change the Subscription Term after the Operative Date, then, You cannot downgrade the Account in the new Subscription Term as mentioned earlier.
If there is any plan of downgrading the account, then you should send us a notice in seven business days before the completion of the Subscription Term. You know that downgrading Your Account might result in damage to features, content or capacity of the service(s). You acknowledge that We will not be accountable for any damage due to downgrading of Your Account. Also, you must guarantee that You always choose for the Service Plan that satisfies your business necessities.
- Applicable Taxes: Except contrarily mentioned, the Subscription Costs do not incorporate any levies, tax duties or related governmental estimates, such as sales, value-added, use, or keeping taxes assessable by some, state, foreign or provincial or jurisdiction (collectively “Taxes”). You are accountable for handling the Taxes that are assessed by government administrations. We will send you the invoice for such Taxes if We have a constitutional commitment to do that, and You consent to pay that Taxes if so invoiced.
- User Benefits: We might, at Our sole responsibility, provide You several advantages like Subscription Costs and discounts, increase in Subscription Term with no extra payments from You, about the service(s). These advantages are distinct to your account, and the service(s) recognized while administering these advantages. They are not negotiable. The advantages might have an expiry date, and if not, then they will finish against the accomplishment of 12 (twelve) months from their time of offer.
SUSPENSION AND TERMINATION
- We should not be responsible to You or any additional third party for termination or suspension of the Account, or use to and access the Service(s) if so termination or suspension is under these terms and conditions.
- Free trial Customers: If you are under any of the free trails for the service(s), then the account might be terminated or suspended in the below manner:
- We can discontinue your access to and control of Your service(s) or Account if You violate the terms and conditions. We will inform You of the activities that infringe the Terms and, at Our sole preference, present You with a duration of 15(fifteen) days to correct or discontinue such activities. If You do not correct or suspend these activities in the mentioned period or if We find that Your violation of Terms and conditions cannot be rectified, Your Account will be terminated, and connected Service Data should be removed quickly and lastingly.
- You can eliminate Your Account before the free trial expiry date or before or at any time. These situations demand permanent removal of the concerned service data.
- When you do not dismiss the Account or modify Your Account before or on the expiry of the free trial, we might cease Your Account. We will maintain any linked Service Data for six (6) months ahead, which the Account will be terminated, and all connected Service Data will be removed directly and quickly.
- Customers on a Service Plan: If You have adopted any of the service plans for the services, your account can be terminated or suspended in the below ways:
- With an addition to the suspension for delayed payment or non-payment of Subscription Costs, We can discontinue Your use and access to the Service(s) or Account if You violate the terms and conditions. We will inform You of the activities that infringe the Terms and, at Our sole choice, give You with the duration of 15 (fifteen) days to preserve or terminate such activities. And, If you do not preserve or terminate those activities in the mentioned period that your violation of these Terms and conditions cannot be maintained, then Your Account shall be ceased. Some linked Service Data will be kept for 14 days from the termination date of the Account exceeding which it shall be removed in the ordinary course of operation.
- You might choose to cease Your Account from Our Service(s) any time if Your payment is made via credit card for Your Account. When the payment for Your Account is performed by other preferred payment methods as mentioned in the Form, You can inquire to cease the Account by addressing to firstname.lastname@example.org. The connected Service Data will be held for 14 (fourteen) days from the termination date of Your Account exceeding which it will be removed during the ordinary course of operation.
- We may discontinue the Account against non-renewal or expiry of the Subscription Terms and conditions. We will hold some connected Service Data for six (6) months and exceeding which the Account will be ceased, and all linked Service Data shall be erased quickly and enduringly.
- Impact of Terminating Your Account:
- Data Export: We heavily suggest that You move all Service Data before Your account termination. In some cases, with the cease of Your Account either by Us or You, except reversely defined subsequently within or in the Supplemental Terms, Service Data will be maintained or removed. Wherever the Service Data is held as specified within, You can reach us in the data maintenance period to consign the Service Data. This Service Data cannot be regained once it is erased. Moreover, when Service Data is transferred from one data center to another after requesting, We will remove Service Data from the real data center after the completion of 14 days from the migration.
- Charges: If Your Account is ceased with the mentioned Terms, with an enhancement to other amounts You can owe Us, You should pay instantly to anyone then unpaid Subscription Costs connected with the balance of such Subscription Terms and Conditions except reserved by us in the paper. This Cost will not be owed by You, or You might be suitable for a pro-rated reimbursement of the Subscription Costs, maybe, where You stop the account, or you terminate the subscription as a consequence of a material violation of these Terms and condition by Us, given that You grant notice of the infringement to us in not less than 30 (thirty) days to evenly cure such violation.
- If You choose privacy, then you will get, a user id code, password, or any other piece of information as part of Our security action, You must treat such data as confidential. You must not disclose it to any third party. We have the right to disable any user id code or password, whether chosen by You or it is allocated by Us, at any time. If in Our reasonable opinion, You have failed to adhere to any of the provisions of these Terms.
- Confidentiality obligations: Each of us will protect the other's private information from unauthorized access, use, or disclosure in the same manner as each of us protects our Confidential Information, no less than reasonable care. Exclude as otherwise expressly licensed pursuing these Terms, individuals of us may use the other's Confidential Information individually to exercise our respective rights. Perform separate under these Terms and shall disclose such Confidential Information merely to those of our employees, representatives, and agents. There is an urgency to know Confidential Information for such purposes and who are bound to maintain the secrecy.
It does not mishandle such Confidential Information. The provisions of this sub-section shall replace any non-disclosure agreement by and between You and Us. As you entered before to these Terms that would be important to address the confidentiality of utilization Data, and such arbitration shall have no further effort or effect concerning Service Data.
During Your offering Term, you may request us to import data into Your Account ("Data Migration"). You must understand and acknowledge that We and/or Our Group Companies can access and process your data in connection with providing you support during such Data Migration.
COMMUNICATIONS FROM US
Separately from the communications specified in Our Privacy Notice, We may contact You directly via e-mail to notify You if
1. You violate the terms;
2. A specific activity or purpose is to forbid concerning the Service(s), so you immediately end the use of the Service(s) for such prohibited activity or purpose.
3. You keep an extraordinarily high number of Users, an unusually high monthly ticket ratio per Users, an unusually high level of open tickets or other excessive stress on the Service(s).
DISCLAIMER OF WARRANTIES
The websites and the service(s), along with all network and server components, are provided on an "As is" and "As available" basis.
Without any warranties of any type to the all-inclusive area permitted by applicable law. We fully disclaim any and all warranties, conditions, representations or other terms. Whether implied or express, including, but not limited to any, title, implied warranties of merchantability, fitness for a particular noninfringement and purpose.
You admit that we do not give the warranty that the website or service(s) will be error-free, timely secure, uninterrupted. You further allow that we do not warrant that the access to the service(s), that is given over internet and various telecommunications networks. All of which are beyond our control, will be uninterrupted, secure, timely, error-free or free from any kind of viruses or any other hostile software.
The content on our websites is provided for common information only. It is not purposeful to sum-total to advice on which you should dependent upon. You must get professional advice from any expert before training. You can abstain from, any action based on the content on our websites. No data or advice obtained by you from us or through any of the service(s) or websites shall create any warranty not expressly stated in these terms.
LIMITATION OF LIABILITY
To the fullest area allowed by relevant law, in no event will we, our directors, employees, affiliates, officers, agents, suppliers or licensors be accountable to any individual. Neither for any incidental, indirect, special, cover, punitive or resulting damages (including, without any limitation, damages for lost revenue, lost sales, lost profit lost goodwill, loss of use or lost impact, content or on business, business interruption, loss of business opportunity or loss of anticipated savings. However caused, under any theory of liability, negligence or otherwise including, without limitation, tort, warranty, contract, breach of statutory duty, even if we have been advised as to the possibility of such damages or could have likely such reparations. To the maximum extent permitted by applicable law, our aggregate liability and that is of our employees, agents, suppliers, affiliates, officers, and licensors, related to the service(s), it will be limited to an total amount equal to the lower of (a) the subscription charges paid by you, for the service(s) to which the claim related to previous to the first event or matter giving rise to such liability or; (b) twelve months of the subscription charges for the service(s) to which the claim relate. You admit and agree that to provide you with the rights to access and use the service(s). In accordance in section 1, we have limited our strength liability and assigned risks based on the subscription charges, that could have been substantially greater if we were to assume any ahead liability other than as set forth herein.
In jurisdictions which do not permit limitation of liability for incidental or the exclusion of implied warranties or consequential damages, our liability will restricts to the large extent that is permitted by law.
The prohibition and limitation are also apply if this remedy does not fully neutralize you for any losses or fails of its important purpose.
- If use of the Service(s) by You has become, or in Our judgment is likely to become, the subject of any IP Claim (defined below), We may at Our own expense and option
(a) policy for You the right to continue using the Service(s) as set forth hereunder;
(b) change or modify the Service(s) to make it non-infringement; or (c) if options (a) or (b) are not reasonably and commercially pragmatic as determined by Us, then end your subscription to the Service(s) and repay You. On a pro-rated basis, on any Subscription Charges, then you have earlier paid us for the corresponding unused section.
- Compensation by Us: Subject to Your Observance with these Terms, We will indemnify and hold You safe, assert from and against any claim brought against You by a third party. If the third party is alleging that the Service(s) You misappropriates such third party's valid patent, copyright, or trademark (an "IP Claim"). We shall, at Our expense, protect such IP Claim and pay damages to finally awarded against You in connection thereto, including the suitable fees and expenses of the attorneys, provided that (a) You instantly notify Us of the threat or notice of such IP Claim; (b) We have or will have the solely and exclusively control and authority to select defense attorneys, defend and/or settle any such IP Claim; and (c) You fully collaborate with us in connection therewith. We will have no burden or responsibility with respect to any IP Claim if such claim is caused in whole or in part by (i) resist with designs, data, instructions or specifications provided by You; (ii) changes of the Service(s) by anyone other than Us; or (iii) the operation or use of the Service(s), the combination with other hardware or software where the Service(s) would not by themselves be infringing.
- Sections 13.1 and 13.2 state Our individual, unique and entire responsibility to You and constitute Your individual remedy with respect to an IP Claim brought by reason of access to or use of the Service(s) by You.
- Indemnification by You: You will reimburse and hold Group Companies with inoffensive against any claim that is brought by a third party against Us, and their respective directors and agents employees, officers, arising from or related to use of the Service(s) by You in breaching of these Terms or matters which You have expressly agreed to be more responsible pursuance to these Terms; provided that We quickly notify You of the threat or notice of such a claim.
SEVERABILITY; NO WAIVER
If any provision in these Terms is started by a court of competent authority to be avoided, such provision shall be altered by the court and interpreted so as to best fulfill the original provision to the fullest extent permitted by applicable law, and the remaining provisions of these Terms shall remain in effect. Our idle of any right under or provision of these Terms does not constitute a waiver of that right or provision of the Terms.
RELATIONSHIP OF THE PARTIES
The parties are not dependent on anyone's contractors. These Terms do not create a franchise, joint venture partnership, agency, fiduciary, or employment relationship among the parties.
You agree that You have not received or been offered any illegal or improper rebound, payment, bribe, gift, or thing of value from any of Our employees or agents in connection with these Terms. Reasonable gifts and entertainment provided in the ordinary course of business do not break the law on the above condition.
GOVERNING LAW AND DISPUTE RESOLUTION
- These Terms shall be governed by the laws of the State of California without regard to conflict of laws principles. You as a result of this expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of California, San Francisco County, to resolve any dispute relating to the Terms or Your access to or use of the Service(s).
- Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms to arbitrate, shall be determined by arbitration in San Francisco, California before three arbitrators. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. Judgment on the Award may be entered in any court having jurisdiction. Any arbitration under these terms shall take place on an individual basis. Class action and class arbitrations are not permitted. You understand that by agreeing to these terms, you waive your right to participate in class actions. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
The Supplemental Terms may consist of terms that are specific to one or more Service(s). To avoid the doubt, in the event of a disagreement or inconsistency between the rest of the Terms and these Supplemental Terms, these Supplemental Terms shall persuade.
A) FOR USE OF MODIFICATION OF EXISTING FEATURES & NEW FEATURE RELEASE, APPLICATIONS, INTEGRATIONS
You accept that (i) when You enable integrations or install any Apps or (ii) where (a) a feature is altered or (b) a new feature is released within the Service(s), You may see some additional terms that control their usage. Your continued use of such integrations or applications or such features may be relied upon by Us as Your acceptance of such additional terms.
B) FOR USE OF PHONE SERVICE/SUPPORT IN SALONIST
If You use phone services as part of Salonist caller, You get to know and agree that
(a) if you choose to turn off the recording feature, all calls made using the phone service are not recorded;
(b) the phone service is not purposely to support or carry any emergency calls to any emergency services such as public safety answering points;
(c) You are individually responsible for Your operation of the phone service in compliance with all relevant laws in all jurisdictions governing the use of the Service(s) by You, End-Users, Your Affiliated and Users including but not limited to telephone recording and wiretapping laws,
(d) You will defend, hold harmless, and compensate Us from and against any third party claim arising from any of the foremost processes impair. We may disable the phone numbers provided to You if (i) Your subscription to the Service(s), Account, or rights to access and use the Service(s) are otherwise released, or stopped; and/or You breach these Terms. In the eventthat You wish to leave a port Your phone number upon the termination of Your subscription to the Service(s) or for any other reason, You agree to inform on email@example.com. Upon receipt of such a request, We shall use practical efforts to assist you in the port-out to the third-party.
In command, with all appropriate laws in all jurisdictions governing use of the Service(s) by You End-Users, Your Affiliates and Users including but not limited to telephone recording and wiretapping laws, and (e) You will defend, hold harmless and indemnify Us from and against any third party claim arising from any of the preceding. We may disable the phone numbers provided to You if (i) Your subscription to the Service(s), Account, or rights to access and/or use the Service(s) are otherwise suspended, or terminated, and/or (ii) You violate these Terms. If You wish to port-out Your phone number upon the termination of Your subscription to the Service(s) or for any other reason, You agree to notify firstname.lastname@example.org. Upon receipt of such a request, We shall use reasonable efforts to assist you in the port-out to the third-force service provider of Your choice to use this phone service. It is subject to the payment of additional fees, including, without limitation, the phone call rates as detailed on the Websites. When enabling the phone service, You are consenting on behalf of You and Your Users and End-Users to the Processing of Service Data (as generated by or necessary for the provision or operation of the phone service) by the third-party service provider We utilize to provide the phone service.
If You use Salonist caller, please note down that upon a request for deletion of Information, contact information such as the name of the contact, call recordings of that contact, and any notes concern to such call recordings shall be deleted. However, information such as call logs containing actual numbers making and receiving the calls may be a commission for audit, fraud, and reporting purposes under the relevant law.