Terms of Service

1. Agreement

These Terms are between you and Nichesoft, LLC (“SalonDesk”, “we”, “us”). By creating an account or using the service you agree to them. If you are agreeing on behalf of a business, you confirm you are authorised to bind it.

2. Definitions

• Service — the SalonDesk web application, mobile apps and related services.
• Salon — a business that subscribes to manage bookings, sales and staff.
• Client — a person who uses SalonDesk to find and book appointments.
• Employee — a person a Salon invites to work in its account.
• Salon Content — everything a Salon puts into the Service, including its catalogue, pricing, client records and media.

One person may hold more than one of these roles at the same time, across any number of Salons.

3. What SalonDesk is — and is not

4. Accounts and eligibility

• You must be at least 13 years old to create an account.
• You must give accurate information and keep it current.
• You are responsible for your credentials and for activity under your account. Tell us promptly at support@nichesoft.com if you suspect unauthorised use.
• Client accounts are free. Salon accounts require a subscription.

5. Subscriptions, billing and cancellation

• Salon subscriptions are billed per location, monthly or annually in advance at the plan rate in effect when you subscribe.
• Subscriptions renew automatically for successive terms unless cancelled before the renewal date.
• You may cancel at any time via your account portal. Cancellation takes effect at the end of the current billing period.
• Fees are non-refundable.
• Prices exclude taxes; you are responsible for applicable sales and use taxes.
• We may change pricing with 30 days' notice before your next renewal. Continuing to use the Service after that constitutes acceptance.
• If payment fails we may suspend the account after 24 hours.

6. Bookings, deposits and cancellations

Each Salon sets its own prices, deposits, cancellation windows and no-show rules, and those are shown before you confirm a booking. Where a deposit is required, it is collected by us on the Salon's behalf and is subject to that Salon's policy.

Refund requests for salon services go to the Salon. We may assist with processing but the decision is theirs.

7. Payments

Card payments are processed by WorldPay and are subject to its terms. We do not store full card numbers. You authorise us and our processor to charge your selected payment method for amounts you incur.

For payments a Salon collects from its Clients, the Salon is the merchant of record and is responsible for chargebacks, refunds, and applicable tax.

8. Reviews

Only a Client who received a service may review it. Reviews must be honest and based on your own experience. We may remove content that is unlawful, abusive, discriminatory, deceptive, contains personal information about others, or violates section 9.

Salons may not offer compensation in exchange for positive reviews, write reviews of themselves, or review competitors. Doing so may result in removal from the marketplace.

9. Acceptable use

You agree not to:

• Break the law or infringe anyone's rights
• Upload malware, or attempt to breach, probe or disrupt the Service
• Scrape, crawl or harvest data without our written permission
• Reverse engineer or copy the Service, except where law permits
• Impersonate anyone, or misrepresent your affiliation
• Harass, threaten or discriminate against any person
• Make bookings you do not intend to keep, or otherwise abuse the booking system
• Resell or provide the Service to third parties without agreement

10. Salon obligations

If you operate a Salon account, you additionally agree that you:

• Hold all licences, permits and insurance your jurisdiction requires
• Are responsible for your own client data and for your own privacy notice, and will handle it lawfully (see Privacy Policy section 2)
• Will honour the prices, availability and policies you publish
• Will obtain any consent required before adding a person as a client
• Are responsible for your employees' access and conduct in your account
• Will collect and remit applicable taxes
• Have the right to use any content, images and product data you upload

11. Intellectual property

The Service, including its software, design and trademarks, belongs to SalonDesk and its licensors. We grant you a limited, non-exclusive, non-transferable, revocable licence to use it under these Terms.

You keep ownership of your content. You grant us a licence to host, store, reproduce and display it as needed to operate the Service — and, for Salons listed in the marketplace, to display your business name, services and images to prospective Clients.

12. Third-party hardware and services

SalonDesk connects with third-party systems including T-Max Touch timer systems and Unity spray booths. Those products are supplied by their manufacturers under their own terms and warranties. We are not responsible for their operation, safety or availability, and integration may change if a manufacturer alters its product.

13. Availability

We aim to keep the Service available continuously but do not guarantee uninterrupted access. We may perform maintenance, and will give advance notice of planned downtime where practical. No service level agreement applies unless separately agreed in writing.

14. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY SALON WILL PERFORM AS EXPECTED.

15. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SALONDESK WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA OR GOODWILL. OUR TOTAL LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE FEES YOU PAID US IN THE THREE MONTHS BEFORE THE CLAIM AROSE.

Some jurisdictions do not allow these limitations, so they may not apply to you.

16. Indemnity

You agree to indemnify and hold SalonDesk harmless from claims arising out of your use of the Service, your content, your breach of these Terms, or — if you operate a Salon — the services you provide to your clients.

17. Termination and your data

You may close your account at any time. We may suspend or terminate an account that breaches these Terms, or where required by law, with notice where practical.

On termination, Salons may export their data for 48 hours, after which we may delete it in line with the Privacy Policy.

18. Changes to these Terms

We may update these Terms. For material changes we will give at least 30 days' notice by email or in the app. Continuing to use the Service after the effective date means you accept the change.

19. Governing law and disputes

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law rules. Disputes will be resolved in the courts of Dallas, Texas, and both parties consent to that jurisdiction.

20. General

If any provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger or sale. These Terms, with the Privacy Policy, are the entire agreement between us.

21. Contact

Nichesoft, LLC
3400 N. Central Expy. #110-316, Richardson, TX 75080 USA
legal@nichesoft.com