ACCEPTANCE OF TERMS & CONDITIONS

Please read the following Terms & Conditions carefully. Your use of the service provided by HAIRAPPS LTD (“Hairapps”) implies your acceptance of these terms. If you do not agree with these Terms & Conditions, you must refrain from accessing the service.

AGE OF ACCEPTANCE

You must be at least 18 years old to accept and adhere to these Terms of Use for the service. By accessing and using the Hairapps Application, including any updates or supplements, you acknowledge your compliance with these Terms of Use.

Terms & Definitions

User – Refers to both Partners and Customers.

Agreement – These Terms of Use (including Schedule 1 – Personal Data Processing Agreement) constitute the contract accepted between Hairapps and the Partner, governing the Partner’s use of the Application. This agreement includes the clauses set forth herein, along with the Price List and Privacy Policy. It also encompasses any other terms and conditions specified in the package chosen by the Partner, such as the Subscription Package,

Registration – The process of setting up an Account within the Application, or using an alternative method provided by Hairapps (e.g., via Facebook or Google). Registration involves the completion and confirmation of the registration form in accordance with the provided instructions. After completing the registration process, the Partner gains access to the Application.

Application/System – The software and service provided by Hairapps under the name “Hairapps,” accessible via the internet at [insert the Hairapps website link]. The Application/System is designed for Partner(s) and facilitates communication between Customers and Partners for the purposes of advertising, promotion, service offering, and appointment booking.

Partner – A natural person, legal entity, or organisational unit without legal personality, using the Application under the conditions set forth in this Agreement, primarily in connection with their business or professional activities. Partners create an Account within the Application to provide Services to Customers.

Fee or Fees – The amount specified in the Price List, representing the sum owed by Partners to Hairapps for the utilisation of the Application.

Profile – A personalised profile created by the Partner within the Application, including information such as the Partner’s name, address, contact phone number, email address, employee data (including name/nickname and photo), and details about the Services offered, such as the Service name, description, duration, and price. Each Profile must be exclusive and unique to a single Partner and may not, under any circumstances, be shared between multiple Partners.

Customer – An individual who establishes an Account within the Application to access the Services offered by Partners.

GDPR – Refers to Regulation (EU) 2016/679 of the European Parliament and the Council of 27 April 2016 concerning the protection of individuals concerning the processing of personal data and the free movement of such data, repealing Directive 95/46/EC (General Data Protection Regulation).

Reservation – The act of booking a Service by a Customer using the Customer Application, specifying the date and time for the Service appointment with a particular Partner.

Price List – A document specifying the Fees payable by Partners for the utilisation of the Application.

Personal Data Processing Agreement – An agreement through which the Partner, acting as the data controller, entrusts Hairapps, acting as the data processor, with the processing of personal data within the Application under this Agreement. The Personal Data Processing Agreement is an integral component of the Terms of Use and is concluded when the Partner accepts the Terms of Use during the Registration process.

Booking – A commitment made by a Customer to engage in a specific Service provided by the Partner at a designated date and time, involving the expenditure of funds.

Account – An access credential established by the Partner, serving as the authentication method for accessing the Application/System.

II. Preliminary Provisions. Contact Details

This Agreement outlines the terms and conditions governing the provision of electronic services by Hairapps.

**III. Types and Scope of Hairapps Services**

**I. Grant of License**

In consideration for the Partner agreeing to pay the Fees and adhering to the terms of this Agreement, Hairapps grants the Partner a non-exclusive, non-transferable, revocable license for the duration of this Agreement, limited to the territory of the United Kingdom & Republic of Ireland. This license acknowledges the international nature of the internet and allows the Partner to access the Application for the sole purpose of facilitating direct communication between the Partner and the Customer to facilitate bookings (“License”). This License permits the Partner to temporarily reproduce the Application by displaying it in a web browser and to permanently reproduce it by installing the Application on a mobile device, solely for the purpose and functionality as specified in this Agreement. The Partner is not granted any other rights, including intellectual property rights, apart from those expressly outlined in this Agreement. Specifically, the Partner is not entitled to access the Application’s source code. It is understood that any failure to comply with the above obligation may result in a violation of the License and the proprietary copyrights of Hairapps to the Application.

**II. Services Provided by Hairapps**

Hairapps provides services to Partner(s), encompassing the following:

– The ability to create a Partner Account and Profile.

– Utilisation of an appointment booking calendar, which includes managing appointment reservations, Partner’s staff, and equipment.

– Sending and receiving email/push notifications.

– Providing Customers with the ability to make payments for Services via the System, following the terms specified in Schedule 2 hereto.

**III. Subscription Packages and Promotions**

Under this Agreement, the Partner may utilise available Subscription Packages.

This Agreement outlines the terms and conditions governing the provision of electronic services by Hairapps.

– Types and Scope of Hairapps Services

– Auto-Renewing Subscriptions

In consideration for the Partner agreeing to pay the Fees associated with the selected subscription plan, Hairapps offers access to the Application under the following auto-renewing subscription terms:

  1. Title of Auto-Renewing Subscription: The title of the auto-renewing subscription is HairApps Subscription.

  2. Subscription Plans: The Partner may choose from two subscription plans:

    • Monthly HairApps Subscription: A recurring fee of £19.99 per month.
    • Yearly HairApps Subscription: A recurring fee of £190.00 per year, offering a discounted rate equivalent to approximately £15.83 per month.
  3. Subscription Benefits: Upon subscribing to the HairApps Subscription, the Partner receives access to the following services:

    • 24/7 Booking Access: Customers can book services at any time, improving flexibility and convenience.
    • Staff Scheduling: Tools for effective staff management and scheduling.
    • Automated Reminders: A feature to help reduce no-shows by sending automatic reminders to Customers.
    • Continuous Support and Updates: Ongoing technical support and regular updates to ensure smooth operation of the Application.
    • Personal Assistant: Dedicated technical assistance available to support the Partner.
    • Barber Representative Opportunities: The opportunity to represent HairApps and gain access to additional benefits.
    • Client Management Tools: Centralised client management and appointment tracking for better business efficiency.
    • No-Show Tracking: A system to track clients who miss their appointments.
    • Skill Showcase: A platform that allows the Partner to showcase their skills to a wider audience.
    • Increased Visibility: Enhanced visibility for the Partner’s business through the HairApps platform.
    • Social Media Enhancement: Tools designed to strengthen the Partner’s social media presence, attracting more clients.
    • Additional Perks: Various other features and benefits designed to support the Partner’s business growth.
  4. Fee Applicability: Subscription fees are only applicable to Partners (barbers and hair salons) using the Application’s services. Clients are not charged any fees for using the Application to book services.

  5. Auto-Renewal: The HairApps Subscription will automatically renew at the end of each billing cycle unless cancelled by the Partner at least 24 hours before the end of the current subscription period. Subscriptions can be managed or cancelled through the Partner’s Account settings. Cancellation does not result in a refund for the current billing period.

**IV. Partner Account and Profile**

Within the Application, the Partner establishes their Account and Profile, in which they provide personal data, including personal data necessary for the provision of services under this Agreement, such as the Partner’s name, address, contact phone number, email address, employee data including names and photos, information about the Services offered (including the name of the Service, its description, duration, and price), as well as details regarding prepayment or deposits. The Partner may choose to enhance the Account and Profile with supplementary data, such as images of the Partner’s premises and the Services offered.

**V. Interaction with Third-Party Platforms**

Hairapps collaborates with third-party websites, applications, and services (“Third-Party Platforms”) that facilitate booking services and mobile payments. Unless the Partner opts out by contacting Hairapps at info@hairapp.uk, Hairapps may automatically create a Partner profile on such Third-Party Platforms using the information provided by the Partner during the creation of their Hairapps Partner Account and/or Profile. This information may include, but is not limited to, business name, address, telephone number, email address, hours of operation, availability schedule, services offered, price list, reviews, and photographs. By using the Application, the Partner hereby grants Hairapps a license to use and disclose the Partner Account and Profile information to these Third-Party Platforms, with the Partner warranting that this information does not infringe upon the rights of any third party. The use of Third-Party Platforms and the associated accounts are subject to the respective privacy policies of these third parties and are not covered by the terms of this Agreement.

(Stripe )

**VI. Application Availability**

Hairapps will make reasonable efforts to ensure the Application’s availability twenty-four (24) hours a day, seven (7) days a week, with the exceptions outlined in Section VIII, paragraphs 7 and 8 below.

**VII. Partner-Customer Relationship**

Hairapps is not a party to any agreements formed between the Partner and the Customer, especially those related to the Customer’s booking of a Service. Hairapps assumes no responsibility for the payment for Services by the Customer or the delivery of Services by the Partner.

**IV. Acceptance and Termination of this Agreement**

1. The Agreement between Hairapps and the Partner comes into effect when the Partner accepts the contents of the Terms of Use (including Schedule 1 – Personal Data Processing Agreement), the Price List, and any other binding documents (e.g., the terms of promotions, Subscription Packages).

2. As part of the activation process, the Partner must create an Account, and the required data for Account creation are clearly indicated and highlighted.

3. This Agreement remains in effect indefinitely. However, specific conditions associated with chosen promotions by the Partner may differ and will be defined in the terms of the respective promotion.

4. The Partner may terminate the use of any Hairapps services at any time by providing Hairapps with written notice, with a minimum of thirty (30) days’ notice. Such notice should be sent to info@hairapp.uk and is considered valid upon receiving acknowledgment from Hairapps.

5. The Partner’s right to terminate this Agreement does not relieve the Partner of their obligations under this Agreement, particularly the obligation to remit the Fees due to Hairapps for the duration of the Subscription Package selected by the Partner.

6. Please note that terminating or canceling a Partner Account with Hairapps may not automatically result in the termination, cancellation, or deletion of a Partner account on a Third-Party Platform. To terminate or cancel such accounts, Partners must directly contact the respective Third-Party Platform.

7. Hairapps may terminate this Agreement immediately in the following cases:

– Delays in the payment of Fees exceeding 28 days.

– Other significant breaches of the provisions of this Agreement by the Partner, including those outlined in the Price List, Privacy Policy, and any promotion regulations.

– Discovery that the Partner’s Services are provided in an unlawful manner, particularly in cases where Services are offered unlawfully or without the necessary permits, applications, or registrations mandated by law.

– When the declared or actual nature of the Partner’s Services may lead to Hairapp’s breach of the law or, in Hairapp’s discretion, may harm Hairapp’s reputation.

– In the event of the termination of the Personal Data Processing Agreement.

8. The terms of specific promotions or Subscription Packages chosen by the Partner may specify distinct rules for terminating this Agreement.

9. If the Partner has been granted a Trial Period, it allows the newly registered Partner to utilise Hairapps services at no cost for the duration of the Trial Period. During this period, the scope of Hairapp’s services is restricted in relation to the paid services covered by the chosen Subscription Package. Upon the conclusion of the Trial Period, access to Hairapps services may be restricted, unless the Partner enters into a contract under a paid offer.

**V. Detailed Conditions for Service Provision under the Application**

1. The Partner is granted access to the Application’s functionality and content upon acceptance of the terms of this Agreement and a successful Registration.

2. The Partner must provide complete and accurate personal data and other requisite data during Registration. The Partner agrees to routinely review and update this information without any explicit prompts or requests from Hairapps.

3. The Partner is hereby granted a non-exclusive, non-transferable, revocable license to use the Application for the Agreement’s duration, limited to the territory of the United Kingdom & Republic of Ireland. This license allows the Partner to temporarily reproduce the Application by displaying it in a web browser and to reproduce it permanently by installing the Application on a mobile device, for the sole purpose of using it in accordance with the Agreement’s purpose and functionality. Partners do not acquire any additional rights, including any rights to Hairapp’s intellectual property, except those expressly outlined in this Agreement. Specifically, the Partner is not entitled to access the Application’s source code.

4. The establishment of a Partner Account in the Application is a fundamental requirement for:

– Accepting the terms of this Agreement, including the Price List, Privacy Policy, Schedule 1 – Personal Data Processing Agreement, and any terms and conditions specific to selected packages or promotions.

– Attesting that the data submitted in the Account creation form is up-to-date and accurate.

– Authorising Hairapps to process the personal data stored in the Partner’s Account for the provision of Application services and for diagnostic and statistical purposes.

5. The Partner agrees to receive system messages at the email address provided in the registration form, including notifications concerning new messages in the Application, updates on new content in the Application, technical interruptions in the Application’s operation, revisions to this Agreement, and other notices pertaining to Application use.

6. The Partner further agrees:

– To be contacted directly by Customers using the email address or phone number furnished by the Partner during Registration.

– That the data provided by the Partner, including personal data and information, as well as photos shared within the Application and Profile, will be accessible to other Users and all internet users.

– That Hairapps may use the email address specified in the registration form to dispatch messages to the Partner regarding changes in the Application, especially those concerning technical interruptions, alterations to this Agreement, new content published in the Application, and notifications about new messages and events in the Application.

7. The Partner commits to and guarantees that:

– The individual initiating the activation of the Hairapps service and Application is duly authorised to do so.

– The Partner has the authority to input data into the Application, Account, or Profile, and that such actions do not infringe upon the rights of any third parties.

– All information and data supplied in the Application, Account, and Profile are accurate and truthful.

8. Each Profile within the Application is exclusive and unique to a single Partner, and the creation of a joint Profile with another partner is strictly prohibited.

9. The Partner is permitted to place their logo on their Profile. Upon placing the logo, the Partner grants Hairapps a license to disseminate and publicly disclose this logo. If the logo is a registered trademark, the Partner also consents to Hairapp’s use of the trademark to the extent necessary for Hairapps to deliver services.

Please let me know if you need further revisions or if you have any additional requirements.

**Grant of License for Content Usage**

This agreement outlines the terms and conditions governing the licensing of content (“Content”) by the Partner to Hairapps Ltd (“Hairapps”) for use within the Hairapps Application. Please read this document carefully and ensure your understanding and compliance.

**1. Grant of License**

Upon posting any Content in the Application, especially including photos, graphics, or texts, the Partner grants Hairapps a non-exclusive, royalty-free license for the following purposes:

a. **Recording and Reproduction of Content**: This includes the production of copies of the Content using various techniques, such as digital, magnetic recording, and printing methods.

b. **Trading Original or Copies**: Hairapps may place the original or copies of the Content on the market.

c. **Distribution of Content**: This encompasses public performance, exhibition, display, playback, broadcasting, rebroadcasting, and making the Content available to the public, allowing access at their discretion, which includes sharing the Content on the internet.

**2. Compliance with Licensing Scope**

The Partner undertakes to fully comply with the licensing scope described above. The use of Content under this license must not infringe upon any third-party copyright, including personal copyrights, particularly concerning the right to attribute the Content to its author.

**3. Scope of License**

The scope of the license mentioned in paragraph 1 includes Hairapp’s rights:

a. **Use of Content within the Application**: Hairapps may use the Content within the Application to ensure its functionality, promote and advertise the Application, and inform about the Partner’s activities and the Application’s functionality. This right also extends to use after the Partner’s cessation of using Hairapp’s services.

b. **Territorial Restrictions**: Hairapps has the right to use the Content provided by the Partner within the Application without territorial restrictions.

c. **Granting Further Licenses**: Hairapps reserves the right to grant further licenses for the use of Content within the limits of the license held.

**4. Third-Party Image Authorisation**

If the Partner includes Content in the Application containing the image of a third party, the Partner affirms and guarantees that they have obtained proper authorisation from the third party to use their image. By placing the Content in the Application and granting the License to Hairapps, the Partner acknowledges that the use of such Content by Hairapps under the terms of the License will not infringe upon the rights of that individual.

**5. Indemnification**

The Partner hereby indemnifies Hairapps and accepts full liability for any damages and costs incurred or suffered by Hairapps in connection with the Content published by the Partner.

**6. Partner’s Liability**

The Partner is fully responsible for their own actions and omissions, as well as the actions and omissions of any employees, affiliates, associates, or third parties engaged by the Partner in relation to this Agreement.

**7. Additional Obligations**

In addition to the above, the Partner agrees to:

a. Enable Hairapps to verify the authenticity and compliance of the Content in the Application, including providing a current phone number and additional explanations as necessary.

b. Use any content owned by Hairapps solely for the correct use of the Application.

c. Not use any content owned by other Partners or Customers without their express written consent.

d. Ensure that no Content in the Application, Account, or Partner’s Profile violates any law, is defamatory, libelous, untrue, threatening, abusive, inaccurate, discriminatory, blasphemous, gratuitous, pornographic, promotes criminal activity, or is otherwise objectionable or contrary to decency or in violation of the rights of third parties or principles of fair competition.

e. Use the Application solely in a manner consistent with its intended purpose.

f. Not copy, modify, distribute, or reproduce all or part of the Application.

g. Not advertise products whose marketing is prohibited or subject to restrictions in accordance with applicable law. This includes but is not limited to the advertising of alcohol, tobacco, medicinal products, narcotics, or weapons.

h. Not provide third parties access to the Application except for employees and associates authorised by the Partner. The Partner is solely responsible for the confidentiality and security of their Account, including maintaining the secrecy of passwords and login information.

i. Inform Hairapps immediately of any unlawful use of their Account by third parties or if third parties pursue claims against the Partner in connection with a violation of the law using the Application.

**8. Reporting Irregularities**

In the unlikely event that the Partner experiences irregularities in the operation of the Application, they should promptly report these issues to Hairapps via email to info@hairapp.uk for review and investigation.

This agreement governs the terms of content licensing and usage within the Hairapps Application. By using the Application, the Partner agrees to abide by these terms and conditions. It is recommended that the Partner retains a copy of this document for reference.

If you have any questions or concerns regarding this agreement, please do not hesitate to contact Hairapps at the provided email address

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