SalonEverywhere Terms of Use

Last Updated: Feb 17, 2021

SALONEVERYWHERE INCORPORATED (“SalonEverywhere”, “we”, “us” and terms of similar meaning) provide the Services, including access to the Application, as defined below, subject to these terms and conditions of use (these “Terms”). An updated copy of these Terms will be available through the Application and on saloneverywhere.com (the “Site”).

Throughout these Terms, we will refer to the SalonEverywhere web and mobile applications, browser extensions, and any additional software we will provide, as the “Application”. We refer to the services provided by the Application and the Site as the “Services”. All users of the Application are referred to as “Users” throughout the Terms, unless they are further defined. Content on the Application, including all text, information, data, logos, marks, designs, graphics, pictures, sound files, other files, and their selection and arrangement, is called “Content”.

Please read through these Terms carefully before using the Application. By downloading, installing, or using the Application or Services on any platform or device, you agree to be legally bound by these Terms, and all policies, statements and guidelines incorporated by reference in these Terms. If you do not agree to be bound by these Terms in their entirety, then do not use the Application. 

  1. SalonEverywhere Services

    SalonEverywhere is an online platform and mobile application that operates as an online network built exclusively for beauty professionals. If you are a hairstylist, barber, esthetician, nail tech (collectively, the (the “Beauty Pros”) and industry pro (the “Industry Pros”), you can create a profile on the Application, where you can publish a portfolio of your work to showcase your skills and/or products. If you are a brand, salon, barbershop, and spa (the “Business”), you can create a business profile to feature your services, members, products, and education. With SalonEverywhere you can build your on-line brand, get connected with clients and strengthen industry relationships. If you are an existing or prospective client of the professionals or businesses featured on SalonEverywhere, you can create a profile as a client (the “Client”), through which you can like the professionals or businesses’ content and endorse them for their skills, services, and products.

    You are responsible for your use of the Services and for any Content you post to the Services. Depending on the settings of your post, your User Content may be viewed by other Users. You should only provide Content that you are sharing with others under these Terms.

    The Services are not intended to be used by children. You must be at least eighteen (18) years of age to use the Services.

  2. Privacy Policy

    Please refer to SalonEverywhere’s privacy policy, available at saloneverywhere.com/legal/privacy-policy (the “Privacy Policy”) for information on how SalonEverywhere collects, uses, and discloses personally identifiable information from Users of the Services.  By using the Application or our Services you agree to our use, collection and disclosure of personally identifiable information in accordance with the Privacy Policy.

  3. User Accounts; Registration Data; Account Security

    To use the Services, you can register for a free account as a Client (the “Client Account”), or Beauty Pro (the “Beauty Pro Account”) through the Application. Businesses may create a free or paid account (the “Business Account”) or ‘claim’ an existing business profile listed on SalonEverywhere. To use SalonEverywhere’s enhanced features, that are reserved for paid Business Account holders, you can upgrade your free Business Account to a paid account. If you are an Industry Pro, you can register for a paid industry professional account (the “Industry Pro Account”). Your rights, the functionality, and features of the Services that you access may vary depending on whether you have a free account or paid account. All accounts available on SalonEverywhere, including but not limited to Client Accounts, Beauty Pro Accounts, Industry Pro Accounts, and Business Accounts, are collectively referred to as “User Accounts”. In addition to these Terms, Business Accounts are subject to ‘Additional Terms for SalonEverywhere Business Accounts’ (“Business Terms”).

    Upon registering a User Account, you agree to (a) provide accurate, current and complete information as may be prompted by any registration forms on the Application or through online accounts you may have with third party social media services (“Registration Data”); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to the Application, and to keep it accurate, current and complete; (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to the Application; and (e) comply with the User Account Guidelines outlined in Section 10 of these Terms. SalonEverywhere will not be liable for any loss or damage from your failure to comply with this obligation. You are responsible for all activity on the Application.

  4. Fees and Payments 

    Users who wish to subscribe for a paid Business Account or Industry Pro Account on the Application (“Subscription”) will be charged subscription fees plus applicable taxes as more particularly described on the Site (“Fees”). The pricing and terms of your payment of such Fees will be based on your selected subscription method for your Subscription. All Subscriptions will automatically continue at the then-current price for the selected subscription unless terminated/cancelled by you. You may cancel your Subscription at any time through the Service, however, you agree that all paid Fees are non-refundable.  

    All Fees will be charged through a third-party payment provider (“Payment Provider”). If we do not receive payment from the Payment Provider, you agree to pay all amounts due on your account upon demand and agree that we continue to attempt to charge your account until full payment is received. We reserve the right to terminate or suspend your Subscription or User Account (a) if you initiate a chargeback or otherwise reverse payments made; or (b) for any unpaid Fees owing.

    Fees and pricing policies are subject to change in the sole discretion of SalonEverywhere.

  5. Ownership, Copyright and Trademarks

    Content provided by Users is called “User Content”. User Content is the property of its respective owners (e.g. the User that inputted it). User Content on SalonEverywhere may include text posts, information, data, images, videos, sounds and other data uploaded by a User to the Application. “Third-Party Content” means Content that originates from parties other than SalonEverywhere or its Users, which is made available in connection with the Services.

    SalonEverywhere’s only right to use that User Content is the limited licenses to it granted in these Terms. Those licenses are described in Section 7 of these Terms.

    Other than User Content, the Services, the Application, all Content and any other software used to create and operate the Services is the property of SalonEverywhere or its licensors, and is protected by Canadian and international copyright laws, and all rights to Services, such Content and such software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Application are the property of their respective owners. 

    Your User Content is your responsibility. We have no responsibility or liability for it, or for any loss or damage your User Content may cause to you or other people. Although we have no obligation to do so, we have the absolute discretion to remove, screen or edit without notice any User Content posted or stored on the Services, and we may do this at any time and for any reason. You are solely responsible for maintaining copies of and replacing any User Content you post or store on the Services. 

    With your consent, SalonEverywhere, by using either designated professionals, also referred to as the concierge, or automated tools, can access your public social media accounts, including but not limited to Facebook, Instagram, Pinterest, Twitter and LinkedIn, and recommend content, you have shared on your public social media profiles, to populate your SalonEverywhere User profile, as part of SalonEverywhere’s profile page building services (the “Profile Building Services”). SalonEverywhere will only recommend such content. You have the responsibility to approve such recommended content and publish on your SalonEverywhere User profile. 

    By publishing content to your SalonEverywhere portfolio board (the “Portfolio Board”) you acknowledge and warrant that you own the copyright of the Content posted to your Portfolio Board, and such Content is a true reflection of your skills and work product, and you grant SalonEverywhere all rights described in Section 7 of these Terms. If you hold a Client Account, or a Beauty Pro Account, you can maintain inspiration boards (the “Inspiration Board”), where you can share or save content that you own or Third-Party Content for inspiration purposes. If you use, share and save Third-Party Content to your Inspiration Board, you acknowledge and warrant that you are not infringing any third-parties’ intellectual property rights or contractual rights. By using, sharing and saving Third-Party Content to your Inspiration Board, you also acknowledge that SalonEverywhere is not liable for your breach of third-party statutory or contractual rights. 

    You have the right to determine the visibility settings of your Portfolio Boards and Inspiration Boards, by setting them to a ‘published’ or ‘unpublished’ mode. Content included in your unpublished Portfolio Boards and Inspiration Boards will be visible only to you. Content included in your published Portfolio Boards and Inspiration Boards will be visible to SalonEverywhere Users and may be visible to the public, that is, to non-SalonEverywhere Users. You have the right to change the settings and update the content of your Portfolio Boards and Inspiration Boards.

    If you hold a Business Account, you can share the Portfolio Boards of the Beauty Pro Account holders, associated with your Business Account, to your Business Account gallery (the “Gallery”). By sharing the Portfolio Boards of the Beauty Pro Account holders to your Gallery, you acknowledge that Beauty Pro Account holders own the copyright of Content included in their Portfolio Boards and are granting you a non-exclusive right to use their Content, without the right to delete or modify, for the duration of the business relationship between you and the Beauty Pro Account holder. When such business relationship between you and the Beauty Pro Account holder is terminated, you may no longer display the Beauty Pro Account holder’s Content, that is included in their Portfolio Boards, on your Gallery.

  6. License to Use SalonEverywhere and License Restrictions

    SalonEverywhere grants to you a revocable, non-exclusive, non-sublicensable license to use the Application, access the Services and to view the Content available to you through the Services (“License”).

    Other than as expressly permitted in these Terms, the Content and the License are subject to the following restrictions and account terms:

    1. The Services we provide through the Application are for your use only. You may not resell, lease or provide them in any other way to anyone else, except as permitted through the Application.
    2. You may not make or distribute copies of the Application.
    3. You may not alter, merge or translate the Application, or decompile, reverse engineer, disassemble, or otherwise reduce the Application to a human-perceivable form.
    4. You may not modify or create derivative works based on the Application or the Content.
    5. You may not use the Application for any application deployment or ultimate production purpose.
    6. You may not use the Application to develop any application having the same or similar primary function as the Application.
    7. You may not remove or modify any copyright, trademark or other proprietary notices that have been placed in the Content. 
    8. You may not otherwise use the Application or the Content other than for its intended purpose.
    9. Except as expressly permitted above, any use of any portion of the Content without the prior written permission of its owner is strictly prohibited and will terminate the license granted in this Section, this Agreement and your User account with us.  Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. 
    10. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The licenses in this Section are revocable by SalonEverywhere at any time.
    11. Your use of the Application, Services and Content must not infringe or violate the rights of any other party, breach any contract or legal duty to any other parties or violate any applicable law. 
    12. Your use of the Services and Application must comply with the User Content Guidelines outlined in Section 8 of these Terms.
  7. Your Limited License of Your User Content to SalonEverywhere

    We do not claim any ownership interest in your User Content, but we do need the right to use your User Content to the extent necessary to operate the Application and provide the Services, now and in the future. For example, if you post an image to the Application we need your license to display that User Content on the Services, and we need the right to sublicense that User Content to our other Users so that they can view that User Content. 

    Therefore, by posting or distributing User Content, you (a) grant SalonEverywhere and its affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate and create derivative works from such User Content, in the manner in and for the purposes which the Services from time to time use such User Content; (b) represent and warrant that (i) you own and control all of the rights to the User Content, or otherwise have the lawful right to post and distribute that User Content, to or through the Services; and (ii) the use and posting or other transmission of such User Content does not violate these Terms (including the User Content Guidelines described Section 8 below) and will not violate any rights of or cause injury to any person or entity. 

    If your User Content is intended for the use of other Users, you also grant us and our affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to sublicense such User Content to such Users for their use in connection with their use of the Services, as described in this Section. 

    These licenses from you are non-exclusive because you have the right to use your User Content elsewhere. They are royalty-free because we are not required to pay you for the use of your User Content on the Services. And they are transferable because we need the right to transfer these licenses to any successor operator of the Services. Our rights to “modify, adapt, translate, and create derivative works from” are necessary because the normal operation of the Services does this to your User Content when it processes it for use in the Services.

  8. User Content Guidelines

    The Services may permit Users to upload or input User Content. User Content submitted to any public area of the Services will be considered non-confidential. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any of the following:

    1. Any message, data, information, text, music, sound, photos, graphics, code or other material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, racist, prejudiced, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable in the sole opinion of SalonEverywhere; 
    2. Content that SalonEverywhere determines in its sole opinion is intended to “spam” or “phish” from other Users, including the posting of Content outside of appropriate categories or feeds;
    3. Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, provincial, state, national or international law; 
    4. Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; 
    5. Private information of any third party, including without limitation, addresses, phone numbers, email addresses and credit card numbers, unless that third party has expressly consented to such use; 
    6. Viruses, corrupted data or other harmful, disruptive or destructive files;
    7. Content that is unrelated to the use of the Application; or 
    8. Content that in the sole judgment of SalonEverywhere, is objectionable or which restricts or inhibits any other person from using or enjoying the Application or the Services, or which may expose SalonEverywhere or its affiliates or its Users to any harm or liability of any type.

    The Application may host Third-Party Content, or include links to other websites or applications. We do not control or endorse any Third-Party Content. You agree that we are not responsible for the availability, accuracy, or content of any such Third-Party Content. Your use of and reliance on any Third-Party Content is at your own risk.

    Some of the services made available through the Application may be subject to additional third-party terms of service, privacy policies, licensing terms and disclosures, and other terms, conditions, and policies, including without limitation the ones posted here. It is your responsibility to familiarize yourself with any such applicable third-party terms.

    If you are a user of the embed tool, which enables you to link to content on the Application, you understand and agree that we cannot guarantee that the content, which originates from third parties, is non-infringing or will be free from claims about infringement. Such Third-Party Content may be subject to takedown by us at any time, in accordance with our policies, if we receive a notice of infringement.

    Any use of the Application or portions of the Services in violation of the foregoing violates the Terms and may result in, among other things, termination or suspension of your rights to use the Application or the Services.

  9. Posting Guidelines

    When posting Content you must comply with the following Posting Guidelines:

    1. Users shall not post content in the Portfolio Boards, which they do not own or have the right to use, or does not reflect their skills, professional capabilities, and work product.
    2. Each post on the Application should be useful or substantial.
    3. Users may not attempt to artificially inflate the activity associated with their Content.
    4. Links to other web pages must contain a detailed description of the page or media that is being linked to. 
    5. Only Clients, Beauty Pros, and Industry Pros can share endorsements and ‘like’ User Content on the Application.
    6. All reviews of businesses or services must be informative and constructive.
    7. The location of posts on the Application are critical to the functioning and operation of the Services. You may not misrepresent the location of a post by “rooting” or “jailbreaking” your devices.
  10. User Account Guidelines

    Any Users or User Accounts engaging in the activities specified below may be subject to termination of the License or permanent suspension:

    1. Free Username Squatting – You may not engage in “username squatting” with free accounts. Free User Accounts that have been inactive for more than 90 days may also be removed without further notice.  
    2. Transferring of Usernames – Users with free User Accounts may not transfer their usernames to third parties or other Users. Users with paid User Accounts may only transfer usernames through the Services. The transfer of a username outside of the Services may result in the deletion of all of the User Content. 
    3. Usernames that Infringe Trademarks – We reserve the right to reclaim squatted usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames. User Accounts using business names and/or logos to mislead others may be permanently suspended or terminated.
  11. Copyright Policy

    SalonEverywhere respects the intellectual property rights of others. By submitting User Content through the Services, you represent and warrant that doing so does not infringe any third party’s copyrights, trademarks, privacy rights, or other intellectual property or legal rights of any kind. 

    If we are notified that any User has posted, shared, or saved any Content which allegedly do not conform to these Terms, we may, in our sole discretion, investigate the allegation and determine whether to take any other actions. You may also be subject to civil and criminal penalties, including without limitation monetary damages, if you violate any third party’s legal rights.  

    SalonEverywhere does not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services (including links to third party websites) or endorse any opinions expressed via the Services or such websites or resources. While we will use every effort to ensure that all Content complies with these Terms, you understand and agree that notwithstanding our efforts, by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate, inappropriate, or otherwise deceptive. 

    If you believe that your Content has been copied in a way that constitutes copyright infringement, please contact us and provide all information relevant to any claim of infringement by e-mailing copyright@saloneverywhere.com.

  12. Security of the Application

    To ensure reliability and to protect the User Content, we use high grade hosting services and security technologies that we believe will provide you with a secure and safe environment. For example, all Content and information on the Application is encrypted using SSL certificates. 

    However, no system is perfectly secure or reliable. The internet is an inherently insecure medium, and the reliability of hosting services, internet intermediaries, your internet service provider, and other service providers cannot be assured. When you use the Application, you accept these risks and the responsibility for choosing to use a technology that cannot guarantee complete security and reliability.

  13. Advertisements and Promotions

    SalonEverywhere may run advertisements and promotions from third parties on the Application. Your business dealings or correspondence with, or participation in promotions of advertisers other than SalonEverywhere, and any terms, conditions, warranties or representations associated with such dealings are solely between you and such third party. SalonEverywhere is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Application.

  14. Warranty Disclaimer

    The Application, the user Content, third party content, and the Services are provided to you on an “as is” basis without warranties from SalonEverywhere of any kind, either express or implied. SalonEverywhere expressly disclaims all other warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. SalonEverywhere does not represent or warrant that the Application or Content is accurate, complete, reliable, current or error-free, and expressly disclaims any warranty or representation as to the accuracy or proprietary character of the Application, the Content or any portion thereof.

    While SalonEverywhere attempts to make your access to and use of the APPLICATION safe, SalonEverywhere does not represent or warrant that the APPLICATION or any Content are free of viruses or other harmful components.

  15. Limitation of Liability; Indemnity

    You waive and shall not assert any claims or allegations of any nature whatsoever against SalonEverywhere, its affiliates or subsidiaries, their contractors, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the “Released Parties”) arising out of or in any way relating to your use of the Application or the Content, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of Content, or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Application. You use the Application at your own risk.

    Without limitation of the foregoing, neither SalonEverywhere nor any other Released Party shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the Application or the Content, including without limitation any damages caused by or resulting from your reliance on the Application or other information obtained from SalonEverywhere or any other Released Party or accessible via the Application, or that result from mistakes, errors, omissions, interruptions, deletion of User Content, Third Party Content, or other data, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to SalonEverywhere, the Customer, any User, or any other Released Party's records, programs or services.

    In no event shall the aggregate liability of SalonEverywhere, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Application or the Services exceed any amount paid by you for access to the Application or Services during the three months prior to the date of any claim, if any, or one hundred Canadian dollars (CA $100.00), whichever is less.

    You shall defend, indemnify and hold harmless SalonEverywhere and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Application and from the use of the Application by any person to whom you give access to your account.

  16. Termination/Modification of License and Site Offerings

    Notwithstanding any provision of these Terms, SalonEverywhere reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your license to use the Application or Services, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Application or Content; (c) change, suspend or discontinue any aspect of the Application or Content; and (d) impose limits on the Application or Content.

    SalonEverywhere reserves the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline applicable to the Services, at any time and in its sole discretion. If we do so, we will notify you at the e-mail address you provide in your registration information, if any, or we will post a notice in the Application or the Site visible to you the next time you access the Application. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Application and the Site, and your continued use of the Application or Services after such time will constitute your acceptance of such changes or modifications. You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Application. The Terms will always show the ‘last updated’ date at the top.  If you do not agree to any amended Terms, you must stop using the Application.  If you have any questions about the Terms, please email us at the contact address below.

  17. Communications

    Notices that we give you (other than notice of amendment of these Terms, which is discussed in Section 16 above) may be provided in any of the following ways.  First, we may email you at the contact information you provide in your Registration Data, if any.  Second, we may post a notice to you in the Notifications area of the Application.  Third, we may post the notice elsewhere on the Application.  When we post notices on the Application, we post them in the area of the Application suitable to the notice.  It is your responsibility to periodically review the Application for notices.

    Subject to the Privacy Policy, if you send to SalonEverywhere any information, ideas, inventions, concepts, techniques or know-how (“User Submissions”), for any purpose, including the developing, manufacturing and/or marketing or products or services incorporating such information, you acknowledge that SalonEverywhere can use the User Submissions without acknowledgement or compensation to you, and you waive any claim of ownership or compensation or other rights you may have in relation to the User Submissions.  We actively review User Submissions for new ideas.  If you wish to preserve any interest you might have in your User Submissions, you should not post them to the Application or send them to us.

  18. Applicable Law and Venue

    The Application is controlled by SalonEverywhere Incorporated and operated by it from its offices in Toronto, Ontario. You and SalonEverywhere both benefit from establishing a predictable legal environment in regard to the Application. Therefore, you and SalonEverywhere explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Application will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

    Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether preexisting, present or future) arising out of or relating to (a) these Terms; (b) the Application or Content; (c) oral or written statements relating to these Terms or to the Application; or (d) the relationships that result from these Terms or the Application or Content (collectively, a “Claim”) will be referred to and determined by a sole arbitrator (to the exclusion of the courts).  Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against SalonEverywhere related to any Claim and, where applicable, you also agree to opt out of any class proceedings against SalonEverywhere.  If you have a Claim, you should give written notice to arbitrate at the address specified below.  If we have a Claim, we will give you notice to arbitrate at your address provided in your Registration Data.  Arbitration will be conducted by one arbitrator pursuant to the commercial arbitration laws and rules in effect on the date of the notice in the Province of Ontario.

    To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in Toronto, Ontario. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.

    If you choose to access the Application from locations other than Ontario, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify SalonEverywhere and the other Released Parties for your failure to comply with any such laws.

  19. Termination of Agreement

    You and SalonEverywhere may terminate these Terms and your use of the Application at any time. When you terminate these Terms, you must cease using the Application immediately. When your account is terminated, any User Content you have uploaded to the Application may remain on the Application. The license you grant to us in Section 7 therefore survives the termination of this Agreement. In addition, we may retain an archival copy of your User Content after termination, and you therefore hereby grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for our internal business purposes.

    If these Terms expire or terminate for any reason, Sections 4, 6, 7, 13, 15, 18 and 20, and any representation or warranty you make in these Terms, shall also survive indefinitely.

  20. Miscellaneous

    If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. SalonEverywhere may assign any or all of its rights hereunder to any party without your consent.  You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of SalonEverywhere, and any such attempted assignment will be void and unenforceable. These Terms constitute the entire agreement between you and SalonEverywhere regarding your use of the Application, and supercede all prior or contemporaneous communications whether electronic, oral or written between you and SalonEverywhere regarding your use of the Application. The parties confirm that it is their wish that these Terms, as well as any other documents relating to this Terms, including notices, have been and shall be drawn up in the English language only. Les parties reconnaissent avoir convenue que la présente convention ainsi que tous documents, avis et procédures judiciaires qui pourront être exécutés, donnés ou intentées à la suite des présentes ou ayant un rapport, direct ou indirect, avec la présente convention soient rédigée en anglais.

  21. Questions and Comments

    If you have any questions regarding these Terms or your use of the Application, please contact us here:

    SalonEverywhere Incorporated

    hello@saloneverywhere.com

ADDITIONAL TERMS FOR SALONEVERYWHERE BUSINESS ACCOUNTS

The following terms (“Business Terms”) govern your access to and use of your Business Account, as defined in these Terms, on the Services. These Business Terms are in addition to our Terms of Use so in the event of any conflict between these Business Terms and the Terms of Use, these Business Terms apply.

Capitalized words used but not defined in these Business Terms have the meanings described in the Terms. By creating, accessing, or using your Business Account, that is, by upgrading your Beauty Pro Account on SalonEverywhere to a Business Account, you are agreeing to these Business Terms and are entering into a legally binding contract with SalonEverywhere. You are not authorized to create, access, or use a Business Account if you do not agree to these Business Terms.

The Business agrees to use, disclose, store, retain or otherwise process Information solely for the purpose of providing products and services to Users in accordance with SalonEverywhere’s Privacy Policy and any applicable privacy policy of a Delivery Provider.

  1. SalonEverywhere Business Services

    SalonEverywhere contains additional features to enable business Users (each a “Business”) to highlight, feature and promote their services, members, products and education with their Clients. Business Account holders can include brands, salons, barbershops, and spas.

  2. Setting up your Business Account

    To use the Service as a Business, you must set up a Beauty Pro Account, as defined in these Terms, and upgrade to a Business Account. By setting up a Business Account, you are agreeing: (a) to provide accurate, current and complete Registration Data as may be requested by us; (b) to maintain the security of your username and password; and (c) to update and maintain your Registration Data.

    There are three ways you can set up your Business Account:

    1. Upgrade a Beauty Pro Account to a Business Account. If you have already created a Beauty Pro Account  on the Application, you may upgrade it to a Business Account by submitting an upgrade request through the Service.

    2. Apply to Create a New Business Account. If you wish to create a new Business Account, you can apply for a new Business Account on our Site or sign up directly through a SalonEverywhere representative.

    3. Claim an existing Business Account. If your Business is already listed on SalonEverywhere, you can ‘claim’ it by submitting a ‘claim’ request through the Service or a SalonEverywhere representative.

    To be permitted to set-up a Business Account, or upgrade to a Business Account, or ‘claim’ a Business on the Application, the Business will need to meet the eligibility and verification requirements as set out in these Business Terms.

  3. Verifying your Business Account

    All Business Accounts must be verified by us either online, in person or over the phone.  To complete the verification, you will be asked to submit information requested by SalonEverywhere which includes (but is not limited to) documentation evidencing your legal power and authority to bind the Business. The verification process typically takes up to two (2) business days to complete after you submit all the requested documentation.

    After your verification is complete, you will be given a username and password for your Business Account to access and upload Content or link existing Beauty Pro Accounts to your Business Account and share their User Content, including Portfolio Boards, to your Business Account. Businesses which set up a new Business Account and are not claiming an existing Business, may be required to provide additional documentation. We reserve the right to refuse any application to be verified in our sole discretion.

  4. Features of the Business Account

    There are a range of subscription packages available to Businesses, which are more particularly described on the Services.  The features available to you may depend on your purchased subscription package and may include, permitting you to: (i) conduct marketing and promotional activities on the Application; (ii) receive insight reports on aggregate User activity and your Business performance; (iii) build a Business profile; (iv) obtain a verification badge certifying the completion of their verification process; and (v) us removing all advertising regarding other businesses, including your competitors, when Users visit your Busines profile.  

    Additionally, Businesses with paid Businesses Accounts may be featured or selected by us to participate in various promotional activities. Promotional activities may include “top-ranked” and “best-of” lists, contests, and featured advertising placements.

  5. Profile Building Services

    Similarly to all User Accounts, as defined in these Terms, Business Accounts will receive Profile Building Services, as defined in these Terms. Our Profile Building Services may include accessing the Business’s social media accounts, after obtaining adequate consent, and propose Content that can be used to populate the Business Account. The Business Account holder must approve such suggested Content and publish on the Business profile, as defined in these Terms.

    We acknowledge that you will be the sole and exclusive owner of your Business profile, and that no right or interest will be granted to us other than as set out in these Business Terms. However, in order for us to perform the Services, you grant us a non-exclusive, royalty-free, non-transferable, limited right to use your Business profile and any related information, in order to provide the Profile Building Services contained in these Terms.

  6. Representations and Warranties

    By accessing the Services and using your Business Account, you agree that:

    1. you have the authority to act on behalf of the Business and legally bind any such Business;
    2. your Business Account must use solely for business and commercial purposes; and
    3. your Business complies with applicable laws, including applicable safety laws and standards in the respective industries, and does not offer, advertise, sell or lease illegal products and/or services; 
    4. the trademarks, tradenames, copyright material used or provided by Businesses shall not infringe or otherwise violate the intellectual property right, rights of publicity, or other proprietary rights of any third party; 
    5. you are independent of SalonEverywhere and are solely responsible for fulfilling a request or purchase of an offer (the “Business Offer”) made available by your Business; 
    6. you will use reasonable efforts to maintain the accuracy, availability, quality and pricing of any products or services posted by you on the Services and made available as a Business Offer; 
    7. you will use reasonable efforts to provide access or information requested by a third party in connection with a Business Offer; and 
    8. to the extent the Business has franchisees with a Business Account or who participate in the Services, Businesses will ensure that such franchisees will comply with, and be subject, to the applicable provisions of these Business Terms.
  7. How you Cannot Use Your Business Account

    In addition to the User Content Guidelines set out in these Terms, you also agree:

    1. to refrain from impersonating others or providing inaccurate information;
    2. not to attempt to create accounts or access or collect information in a manner that violates any of our policies, including these Terms, including the Business Terms;
    3. not to advertise or solicitate (like ‘spam’), including commercial advertising and informational announcements, except as explicitly authorized by SalonEverywhere;
    4. not to attempt to buy, sell, or transfer any aspect of your Business Account (including your username) or solicit, collect, or use login credentials or badges of other Users;
    5. not to pay or induce anyone to post, refrain from posting, or remove reviews on the Services; or
    6. not to write reviews or vote on content for your Business or your Business’s competitors.
  8. Prohibited and Restricted Content

    Content on SalonEverywhere should accurately represent the Business. Where Content distorts truth, we will remove such Content. This includes reviews, photos, or videos not related to the Business to which it is tagged. If Content is inaccurately placed on the Application, or is associated with an incorrect Business, the Content may be rejected or removed.

    Reviews are automatically processed to detect inappropriate Content like fake reviews and spam. We may take down reviews that are flagged in order to comply our SalonEverywhere policies or legal obligations.

  9. Flag and Fix Inappropriate Content

    Content that violates our policies can be removed from the Application. To either flag inappropriate content that you find on your Business profile or fix your own Business content that has been flagged or removed, send an email with your request to our team at report@saloneverywhere.com.

    Check the Terms before flagging content. Only flag content that violates SalonEverywhere policies. Do not flag content that you disagree with but is still factually accurate and relevant. SalonEverywhere does not get involved when Businesses and Users disagree about facts, since there is no reliable way to discern who is right about a particular User’s experience. It can take several days for your request to be assessed.