Terms of Service


Updated as of January 01, 2019

1. General Terms

These Terms of Service (the "Terms of Service") govern the use of the mobile applications and internet-based services (collectively referred to as the "Services") via our websites LavSalon.com and LavService.com (the "Websites") offered by LavService (the "Company", "LavService", "we", or "us").

LavService is a platform that connects salons, merchants, stylists and professionals ("Provider", "Professional" or "Specialist") providing hair, beauty and other health and wellness services ("Professional Services") with clients seeking such services ("Clients" or "Customers"). The Professionals and Clients are both users of the Services provided by LavService and are hereinafter referred to collectively as "Users."

Our Privacy Policy located at http://lavsalon.com/site/privacy-policy, as well as any other agreements related to the use of our Services accepted by Users via email, online, or any other means that the Company may provide, are all assumed as part of these Terms of Service.

These Terms of Service will govern, in case of a conflict between these Terms of Service and any other agreement, and these Terms of Service apply to any use of the Services (even free trials).

The Services are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Unauthorized reproduction or distribution of the Services, or any portion of them, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. The Services are licensed, not sold.

Please read these Terms of Service carefully as this is a legal agreement between you and LavService which governs the use of the Services. Your use of the Services constitutes your acceptance of and agreement to all of the terms and conditions in these Terms of Service and your representation that you are 18 years of age or older.

If you object to anything in these Terms of Service or the Privacy Policy, you are not allowed to use the Service.

If you are accepting these Terms of Service and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant to the Company that you have full power and authority to do so.

LavService solely provides a platform for Professionals and Clients to connect and serves only as a medium to facilitate the provision of Professional Services. LavService does not provide or contract for any Professional Services, and Professionals and Clients contract independently for the provision of Professional Services. Each Client is solely responsible for selecting the Professional, the Professional Services to be provided and the location at which Professional Services will be performed, whether on the premises of a Professional or at a site designated by the Client. Any decision by a Client to receive Professional Services or by a Specialist to provide Professional Services is a decision made in such person's sole discretion and at their own risk. All Users understand and acknowledge that (i) the Company does not conduct background checks on Clients and (ii) any provision of Services in a private location inherently increases the risks involved for both Clients, Professionals and any personnel of Professionals, as applicable. Each Professional must decide whether a Client is suited to such Professional's services and should exercise caution and common sense to protect the personal safety and property of such Professional and its personnel, as applicable, just as they would when interacting with anyone they don't know. Neither Company nor its affiliates or licensors is responsible for the conduct, whether online or offline, of any User of the Services and You hereby release the Company and its affiliates or licensors from any liability related thereto. The Company and its affiliates and licensors will not be liable for any claim, injury or damage arising in connection with your use of the Services.

LavService does not have control over the quality, suitability, reliability, timing, durability, legality, failure to provide, or any other aspect whatsoever of any Professional Services provided by Specialists nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Professionals or Clients. LavService makes no representations or warranties whatsoever with respect to Professional Services offered or provided by Providers or requested by Clients through use of the Services, whether in public, private, or offline interactions, or about the accreditation, registration or licensing of any Professional. You understand that LavService does not routinely screen its Users, inquire into the background of its Users or attempt to verify information provided by any User. LavService does not verify or confirm that any User is who they claim to be or is accurately representing themselves and does not verify or confirm any representations with respect to Professional Services on the Services. LavService does not assume any responsibility for the accuracy or reliability of this information or any information provided through the Services. Notwithstanding the foregoing, LavService may, but is not obligated to, check the background and experience of Professionals via third-party background check services and first party interviews, including but not limited to a verification of identity and a comprehensive criminal background check and may terminate a Professional based on any information discovered during such background checks and first party interviews.

2. Accounts

By creating an account with LavService (an "Account") and agreeing to pay the applicable fees, you are granted a right to use the Services provided by LavService subject to the restrictions set forth in these Terms of Service and any other restrictions stipulated to you by us in writing. In registering for an Account, you agree to provide true, accurate, current and complete information about yourself as prompted by the Services' registration process and as requested from time to time by LavService (such information, "Registration Data"). You further agree that, in providing such Registration Data, you will not knowingly omit or misrepresent any material facts or information. You further consent and authorize us to verify your Registration Data as required for your use of and access to the Services. We reserve the right to suspend or terminate the Account of any User who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements.

Once you register for the Services, you shall receive a unique user identification and password in connection with your Account (collectively referred to herein as "Account IDs"). You must use your true and accurate name when signing up for an Account. You are required to select an appropriate and non-offensive Account ID. Ideally, the Account ID you choose will be a reasonably descriptive name that clearly identifies you. We reserve the right to remove or reclaim any Account ID if we believe, in our sole discretion, the Account ID is inappropriate, offensive or confusing or potentially violates the rights of a third party.

You agree to maintain your Account solely for your own use. You agree that you will not allow another person to use your Account IDs to access or use the Services under any circumstances. You are solely and entirely responsible for maintaining the confidentiality of your Account IDs and for any charges, damages, liabilities or losses incurred or suffered as a result of your failure to do so. We are not liable for any harm caused by or related to the theft of your Account IDs, your disclosure of your Account IDs, or your authorization to allow another person to access or use the Services using your Account IDs. You agree to immediately notify us of any unauthorized use of your Account or any other breach of security known to you.

As part of the functionality of the Services, you may link your Account with online accounts you may have with third party service providers ("Third Party Account"). By doing so you grant LavService permissions to access, store and use any information that we want from any such Third Party Account, and you claim that such connection is free of charge and doesn't have any legal conflicts with any of these Third Party Account regulations.

You acknowledge and agree that the Services may access your e-mail address book associated with a Third Party Account and your contacts list stored on your mobile device or tablet computer solely for the purposes of identifying and informing you of those contacts who have also registered to use the Services.

The Services may contain links to third party websites that are not owned or controlled by LavService. LavService has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using the Services, you expressly relieve LavService from any and all liability arising from your use of any third-party website.

3. Termination of Subscription and Accounts

LavService reserves the right, in its sole discretion, to terminate or suspend your Account, or use of the Services, if you violate these Terms of Service, or for any reason or no reason at any time

You may terminate these Terms of Service by closing your Account at any time. Upon closure of an Account, any pending transactions will be cancelled. LavService reservs the right to never allow a Professional with a terminated account to create a new Account (or reopen the old Account).

If any future changes to these Terms of Service are unacceptable to you or cause you to no longer be in compliance with these Terms of Service, you must close your account, and immediately stop using, the Services.

If your Subscription and/or Account is terminated or suspended for any reason or no reason, you agree: (a) to continue to be bound by these Terms of Service, (b) to immediately stop using the Services, (c) that any licenses granted to you under these Terms of Service shall end, (d) that we reserve the right (but have no obligation) to hide or delete all of your information and account data stored on our servers, and (e) that LavService shall not be liable to you or any third party for termination or suspension of access to the Services or for deletion or hiding of your information or account data. You agree that LavService may retain and use your information and account data as needed to comply with investigations and applicable law.

We will not be liable to you for compensation, reimbursement, or damages in connection with your use of the Services, or in connection with any termination or suspension of the Services. Any termination of these Terms of Service does not relieve you of any obligations to pay any Fees or costs accrued prior to the termination and any other amounts owed by you to us as provided in these Terms of Service.

4. Use of the Services; Limitations and Changes to the Services.

We may change, modify, suspend, or discontinue all or any part of the Services at any time, with or without reason. You acknowledge that the operation of the Services may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and LavService shall not be responsible to you or others for any such interruptions, errors or problems or an outright discontinuance of the Services. LavService has no obligation to maintain or update the Services or to continue producing or releasing new versions of the Services.

We will make reasonable efforts to keep the Services operational 24 hours a day/7 days a week, except for planned downtime or any other unavailability caused by circumstances beyond our control.

5. HIPAA Notice

You should not share any protected health information with other Users via the Services. The Services are not intended to be used to communicate protected health information, and it is not intended to be compliant with the Health Insurance Portability and Accountability Act (HIPAA). The term "protected health information" means any information that relates to the past, present or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present or future payment for the provision of health care to an individual. If you do share any protected health information, you do so at your own risk.

6. Proprietary Rights

The Services contains content and technology of the Company that is protected by copyright, trademark, patent, trade secret and other laws. The Company owns intellectual property rights to any protectable part of the Services, including but not limited to the design, artwork, logos, functionality, and documentation (collectively, the "Company Property"). You may not copy, modify, or reverse engineer any part of the Services or the Company Property.

In order to operate the Services, the Company needs to make certain use of your publicly posted Content. Therefore, by posting, uploading or submitting to LavService, or making available for inclusion in publicly accessible areas of LavService, any text, images, photos, graphics, audio or video, including any content protected by intellectual property rights (collectively, "Content"), you represent that you have full authorization to do so. You also hereby grant LavService a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, distribute, reproduce, modify, adapt, publicly perform, publicly display and make derivative works of such Content in connection with the Services and any services or products affiliated with the Services, regardless of the form of media used or of whether such services or products now exist or are developed in the future. This license exists only for as long as you elect to continue to include such Content on LavService and will terminate at the time such Content is hidden or removed from the Services by you or by LavService; provided that the license will not terminate and will continue notwithstanding any removal of the Content or termination of your use of the Services to the extent, LavService needs to use such Content in connection with any investigation or compliance with any laws.

LavService reserves the right to remove or hide or change any images without notice. When you delete Content, you understand that the removed Content may persist in backup copies for a reasonable period of time but will not be available for others.

Any Content posted by a User belongs to the person that posted such Content. You may use any Content posted by you in any way without restriction. You may only use Content posted by others in the ways described in these Terms of Service.

The Company reserves the right to remove or hide any Content from the Services, at its sole discretion.

7. Contact

The Company reserves the right to send Users newsletters, promotions or other type of emails at any time.

As part of the Services, the Company offers Professionals the option to contact their Clients for various reasons such as reminding them of an upcoming appointment. In the same manner, the Clients can contact Professionals for any reason.

8. Disclaimers

You expressly understand and agree that:

Your use of the services is at your sole risk. You are fully and solely responsible for your interactions with other users and you agree that it is solely your responsibility to take reasonable precautions in all actions and interactions with other Users and in the provision or receipt of professional services. LavService is not responsible for the conduct, whether online or offline, of any user of the services. LavService is under no obligation to, and does not routinely, screen its Users, inquire into the background of its Users or attempt to verify information provided by any User. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Please carefully select the type of information that you release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other participants or Users.

It is possible for others to obtain personal information about you due to your use of the services or professional services, and that the recipient may use such information to harass or injure you. We are not responsible for the use of any personal information that you disclose on the services or through the services. You understand that in using the services, sensitive information will travel through third-party infrastructure that is not under LavService's control (such as third-party servers). LavService makes no warranty with respect to the security of such third-party infrastructure.

The services are provided on an "as is" and "as available" basis. LavService and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

LavService makes no warranty that (i) the services will meet your requirements or expectations, (ii) that your access to or use of the services will be uninterrupted, timely, secure or error free, (iii) that any defects in the services will be corrected, or (iv) that the services or any server through which you access the services is free of viruses or other harmful components.

LavService makes no representations or warranties about the quality, suitability, reliability, timing, durability, legality, or any other aspect of professional services offered or provided by professionals or requested by clients through use of the services whether in public, private, or offline interactions or about the accreditation, registration or license of any professional.

Any material downloaded or otherwise obtained through the use of the services is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

No advice or information, whether oral or written, obtained by you from LavService or from the services shall create any warranty not expressly stated in these terms of service.

9. Limitation of Liability and Release

To the fullest extent permitted by law, in no event shall LavService or its affiliates, officers, employees, agents, partners and licensors be liable for any damages whatsoever, whether direct, indirect, incidental, special, consequential or exemplary damages.

LavService expressly disclaims any liability that may arise between Users related to or arising from use of the services. Because LavService is not involved in the actual interactions between Professionals and Clients or in the provision of any Professional Services, you hereby release and forever discharge LavService and its affiliates, officers, directors, employees, agents and licensors from any and all claims, demands, damages (actual or consequential) of every kind and nature, whether known or unknown, contingent or liquidated, arising from or related to any dispute or interactions with any other user, whether online or in person, whether related to the provision of Professional Services or otherwise.

10. Dispute Resolution

a. Informal Negotiations

To expedite resolution and the cost of any dispute, controversy or claim related to these Terms of Service ("Dispute"), you and LavService agree to first attempt to negotiate any Dispute informally. Such informal negotiations will commence upon written or email notice. Your address and email for such notices are your Account address and email that you have provided when signing up with LavService. LavService's email address for such notices is [email protected] If you and LavService are unable to resolve a Dispute through informal negotiations, all claims arising from use of the Services shall be finally and exclusively resolved by the law of the Republic of Armenia.

b. Indemnification

You agree to defend, indemnify and hold harmless the Company and its affiliates, officers, directors, employees, agents, partners and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney's fees) arising from or relating to: (i) your use of and access to the Services; (ii) Professional Services facilitated by the Services or any interaction between you and another User; (iii) your violation of any term of these Terms of Service; (iv) your violation of any rights of a third party, including without limitation any copyright, intellectual property, or privacy right; or (v) any third-party claims or damages relating to death, personal injury or emotional distress arising from or related to use of the Services. This defense and indemnification obligations will survive the termination of these Terms of Service and your use of the Services.

c. Privacy

Our collection of data and information via the Services from Users and others is subject to our Privacy Policy which is available at http://lavsalon.com/site/privacy-policy and is incorporated herein (the "Privacy Policy"). You understand that through your use of the Services that you consent to the collection and use (as set forth in the Privacy Policy) of such data and information.

By using the Services, you may receive information about other Users or other third parties. You must keep such information confidential and only use it in connection with the Services. You may not disclose or distribute any such information to a third party or use the information for marketing purposes unless you receive the express consent of the User or other third party.

d. Security

We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

11. Terms of Service amendments for Providers

a. Basics

You agree and represent that you will honor the reservations made by Clients through the Services, or will communicate with them in advance to resolve any scheduling conflicts to the Client's and LavService's satisfaction.

You agree to pay LavService 10% from the price of every Professional Service that Clients book by using the Services and any other applicable fees as may be agreed to by you. All fees are non-refundable and non-transferable.

Unless otherwise stated, fees must be paid within two weeks of receiving the invoice from LavService which will happen on a monthly basis. Not paying fees on time will result the Provider's account being suspended (or terminated - in case of multiple incidents).

Each Professional authorizes us to confirm that the credit card account or other payment method associated with their Account and used in connection with the Services is and remains in good standing with a financial institution as long as the Professional is using the Services. Each Professional authorizes us to obtain credit reports or other background inquiries from time to time to assess the Professional's eligibility to continue use of the Services. All balances and all fees, charges, and payments collected or paid through the Services are denominated in US dollars. Users of the Service will be liable for any taxes required to be paid on the Services provided under the Agreement (other than taxes on the Company's income).

We reserve the right to adjust pricing for the Services at any time, and the change will be effective from the next month. If you disagree with any change and don't want to continue using the Services, you must close your account. If you want to close your account (which you can freely do at any time), you can contact LavService at [email protected]

Sometimes LavService might offer free or discounted options to some Providers for a specific period.

b. Professional Accounts

By creating an Account as a Professional, you certify that you are, or if you are a salon, merchant or other business entity, all of your employees, independent contractors or agents who are providing the Professional Services each are, a licensed professional and that your business information is correctly represented on LavService. You further certify that you are duly licensed to provide Professional Services "in-home" or otherwise outside your place of business should you advertise such Professional Services on LavService. LavService reserves the right to remove or hide any incorrect, out of date, or illegal information from Accounts, as well as terminate or suspend the entire Account itself. By creating an Account as a Professional, you confirm that you will not accept payments from or in connection with any illegal business activity or goods.

c. Taxes

You are responsible for determining any and all taxes assessed, incurred, or required to be collected, paid, or withheld for any reason in connection your use of our software and services ("Taxes"). You also are solely responsible for collecting, withholding, reporting, and remitting correct Taxes to the appropriate tax authority. We are not obligated to, nor will we determine whether Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority arising from any transaction. LavService specifically disclaims any liability for Taxes.

d. Customer Care

Each Professional, as a separate entity from LavService, is solely responsible for all customer service issues relating to such Professional's goods or services, including without limitation, any Professional Services, pricing, order fulfillment, order or appointment cancellation, returns, refunds and adjustments, rebates, functionality and warranty, and feedback concerning experiences with such Professional, any personnel, their policies or processes. In performing customer service, Professionals must present themselves as a separate entity from LavService.

e. Liability for Chargebacks and Fraudulent Actions

LavService is not liable for any losses relating to fraudulent charges, or other actions by any User that are deceptive, fraudulent or otherwise invalid as determined in LavService's sole discretion ("Fraudulent Actions"). By using the Services, you hereby release LavService from any liability arising from Fraudulent Actions. You will also use best efforts to promptly notify LavService of any Fraudulent Actions which may affect the Services. LavService reserves the right, in its sole discretion, to terminate the account of any User that engages in, or enables any other User to engage in, Fraudulent Actions.

f. Excessive Charges

If we determine that you are incurring an excessive amount of charges, we may establish controls or conditions governing your Account, including without limitation, by establishing new processing fees, terminating or suspending your Account.

g. Inactivity

If there is no activity in your Account for two consecutive months, we may suspend or terminate your Account.

12. Service Quality Requirements

֊ Never smoke or work on anything unrelated to the client order while delivering services.
֊ Never argue with or offend the client; always be kind and polite.
֊ Never use devices or substances that could possibly cause allergy or other harm to clients. LavSalon is not responsible for the damage caused to clients’ health.
֊ Never accept extra charges or royalties.
֊ Always maintain high quality hygiene.
֊ Always have a neat and professional look.
֊ Always keep instruments, towels and other equipment sterile.
֊ Always have change to repay the client if necessary.
֊ Always be punctual in all matters - always be on time, always finish the services no later than at the specified time and never make clients wait.
֊ Avoid canceling orders; unnecessary cancellations of 2 or more orders a month may result in your removal from the system.
֊ Always serve the client only after recording the order in the system (if the client did not register the order in advance).
֊ Always keep your Calendar updated (especially when serving new clients), which will help to avoid double-booking.
֊ Always maintain and demonstrate professional skills.
֊ Always adhere the principles of polite and kind communication with clients.
֊ Always demonstrate punctuality and timeliness; contact the client to confirm the place and the time of the order, arrive at the appointed time, complete the order within the specified period.
֊ Always define and maintain reasonable and competitive prices for services.
֊ With the client’s consent, take a picture of the final outcome of the service and send it to LavSalon viber, facebook or email address.
֊ Never accept a service charge if the client is dissatisfied with the service.

Violation of the above rules will result in your account termination from the system. Terminated specialists will not be allowed to register again in the future.

Updated as of April 16, 2017

1. General Terms

These Terms of Service (the "Terms of Service") govern the use of the mobile applications and internet-based services (collectively referred to as the "Services") via our websites LavSalon.com and LavService.com (the "Websites") offered by LavService (the "Company", "LavService", "we", or "us").

LavService is a platform that connects salons, merchants, stylists and professionals ("Provider", "Professional" or "Specialist") providing hair, beauty and other health and wellness services ("Professional Services") with clients seeking such services ("Clients" or "Customers"). The Professionals and Clients are both users of the Services provided by LavService and are hereinafter referred to collectively as "Users."

Our Privacy Policy located at http://lavsalon.com/site/privacy-policy, as well as any other agreements related to the use of our Services accepted by Users via email, online, or any other means that the Company may provide, are all assumed as part of these Terms of Service.

These Terms of Service will govern, in case of a conflict between these Terms of Service and any other agreement, and these Terms of Service apply to any use of the Services (even free trials).

The Services are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Unauthorized reproduction or distribution of the Services, or any portion of them, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. The Services are licensed, not sold.

Please read these Terms of Service carefully as this is a legal agreement between you and LavService which governs the use of the Services. Your use of the Services constitutes your acceptance of and agreement to all of the terms and conditions in these Terms of Service and your representation that you are 18 years of age or older.

If you object to anything in these Terms of Service or the Privacy Policy, you are not allowed to use the Service.

If you are accepting these Terms of Service and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant to the Company that you have full power and authority to do so.

LavService solely provides a platform for Professionals and Clients to connect and serves only as a medium to facilitate the provision of Professional Services. LavService does not provide or contract for any Professional Services, and Professionals and Clients contract independently for the provision of Professional Services. Each Client is solely responsible for selecting the Professional, the Professional Services to be provided and the location at which Professional Services will be performed, whether on the premises of a Professional or at a site designated by the Client. Any decision by a Client to receive Professional Services or by a Specialist to provide Professional Services is a decision made in such person's sole discretion and at their own risk. All Users understand and acknowledge that (i) the Company does not conduct background checks on Clients and (ii) any provision of Services in a private location inherently increases the risks involved for both Clients, Professionals and any personnel of Professionals, as applicable. Each Professional must decide whether a Client is suited to such Professional's services and should exercise caution and common sense to protect the personal safety and property of such Professional and its personnel, as applicable, just as they would when interacting with anyone they don't know. NEITHER COMPANY NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES AND YOU HEREBY RELEASE THE COMPANY AND ITS AFFILIATES OR LICENSORS FROM ANY LIABILITY RELATED THERETO. COMPANY AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICES.

LavService does not have control over the quality, suitability, reliability, timing, durability, legality, failure to provide, or any other aspect whatsoever of any Professional Services provided by Specialists nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Professionals or Clients. LavService makes no representations or warranties whatsoever with respect to Professional Services offered or provided by Providers or requested by Clients through use of the Services, whether in public, private, or offline interactions, or about the accreditation, registration or licensing of any Professional. You understand that LavService does not routinely screen its Users, inquire into the background of its Users or attempt to verify information provided by any User. LavService does not verify or confirm that any User is who they claim to be or is accurately representing themselves and does not verify or confirm any representations with respect to Professional Services on the Services. LavService does not assume any responsibility for the accuracy or reliability of this information or any information provided through the Services. Notwithstanding the foregoing, LavService may, but is not obligated to, check the background and experience of Professionals via third-party background check services and first party interviews, including but not limited to a verification of identity and a comprehensive criminal background check and may terminate a Professional based on any information discovered during such background checks and first party interviews.

2. Accounts

By creating an account with LavService (an "Account") and agreeing to pay the applicable fees, you are granted a right to use the Services provided by LavService subject to the restrictions set forth in these Terms of Service and any other restrictions stipulated to you by us in writing. In registering for an Account, you agree to provide true, accurate, current and complete information about yourself as prompted by the Services' registration process and as requested from time to time by LavService (such information, "Registration Data"). You further agree that, in providing such Registration Data, you will not knowingly omit or misrepresent any material facts or information. You further consent and authorize us to verify your Registration Data as required for your use of and access to the Services. We reserve the right to suspend or terminate the Account of any User who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements.

Once you register for the Services, you shall receive a unique user identification and password in connection with your Account (collectively referred to herein as "Account IDs"). You must use your true and accurate name when signing up for an Account. You are required to select an appropriate and non-offensive Account ID. Ideally, the Account ID you choose will be a reasonably descriptive name that clearly identifies you. We reserve the right to remove or reclaim any Account ID if we believe, in our sole discretion, the Account ID is inappropriate, offensive or confusing or potentially violates the rights of a third party.

You agree to maintain your Account solely for your own use. You agree that you will not allow another person to use your Account IDs to access or use the Services under any circumstances. You are solely and entirely responsible for maintaining the confidentiality of your Account IDs and for any charges, damages, liabilities or losses incurred or suffered as a result of your failure to do so. We are not liable for any harm caused by or related to the theft of your Account IDs, your disclosure of your Account IDs, or your authorization to allow another person to access or use the Services using your Account IDs. You agree to immediately notify us of any unauthorized use of your Account or any other breach of security known to you.

As part of the functionality of the Services, you may link your Account with online accounts you may have with third party service providers ("Third Party Account"). By doing so you grant LavService permissions to access, store and use any information that we want from any such Third Party Account, and you claim that such connection is free of charge and doesn't have any legal conflicts with any of these Third Party Account regulations.

You acknowledge and agree that the Services may access your e-mail address book associated with a Third Party Account and your contacts list stored on your mobile device or tablet computer solely for the purposes of identifying and informing you of those contacts who have also registered to use the Services.

The Services may contain links to third party websites that are not owned or controlled by LavService. LavService has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using the Services, you expressly relieve LavService from any and all liability arising from your use of any third-party website.

3. Termination of Subscription and Accounts

LavService reserves the right, in its sole discretion, to terminate or suspend your Account, or use of the Services, if you violate these Terms of Service, or for any reason or no reason at any time

You may terminate these Terms of Service by closing your Account at any time. Upon closure of an Account, any pending transactions will be cancelled. LavService reservs the right to never allow a Professional with a terminated account to create a new Account (or reopen the old Account).

If any future changes to these Terms of Service are unacceptable to you or cause you to no longer be in compliance with these Terms of Service, you must close your account, and immediately stop using, the Services.

If your Subscription and/or Account is terminated or suspended for any reason or no reason, you agree: (a) to continue to be bound by these Terms of Service, (b) to immediately stop using the Services, (c) that any licenses granted to you under these Terms of Service shall end, (d) that we reserve the right (but have no obligation) to hide or delete all of your information and account data stored on our servers, and (e) that LavService shall not be liable to you or any third party for termination or suspension of access to the Services or for deletion or hiding of your information or account data. You agree that LavService may retain and use your information and account data as needed to comply with investigations and applicable law.

We will not be liable to you for compensation, reimbursement, or damages in connection with your use of the Services, or in connection with any termination or suspension of the Services. Any termination of these Terms of Service does not relieve you of any obligations to pay any Fees or costs accrued prior to the termination and any other amounts owed by you to us as provided in these Terms of Service.

4. Use of the Services; Limitations and Changes to the Services.

We may change, modify, suspend, or discontinue all or any part of the Services at any time, with or without reason. You acknowledge that the operation of the Services may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and LavService shall not be responsible to you or others for any such interruptions, errors or problems or an outright discontinuance of the Services. LavService has no obligation to maintain or update the Services or to continue producing or releasing new versions of the Services.

We will make reasonable efforts to keep the Services operational 24 hours a day/7 days a week, except for planned downtime or any other unavailability caused by circumstances beyond our control.

5. HIPAA Notice

You should not share any protected health information with other Users via the Services. The Services are not intended to be used to communicate protected health information, and it is not intended to be compliant with the Health Insurance Portability and Accountability Act (HIPAA). The term "protected health information" means any information that relates to the past, present or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present or future payment for the provision of health care to an individual. If you do share any protected health information, you do so at your own risk.

6. Proprietary Rights

The Services contains content and technology of the Company that is protected by copyright, trademark, patent, trade secret and other laws. The Company owns intellectual property rights to any protectable part of the Services, including but not limited to the design, artwork, logos, functionality, and documentation (collectively, the "Company Property"). You may not copy, modify, or reverse engineer any part of the Services or the Company Property.

In order to operate the Services, the Company needs to make certain use of your publicly posted Content. Therefore, by posting, uploading or submitting to LavService, or making available for inclusion in publicly accessible areas of LavService, any text, images, photos, graphics, audio or video, including any content protected by intellectual property rights (collectively, "Content"), you represent that you have full authorization to do so. You also hereby grant LavService a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, distribute, reproduce, modify, adapt, publicly perform, publicly display and make derivative works of such Content in connection with the Services and any services or products affiliated with the Services, regardless of the form of media used or of whether such services or products now exist or are developed in the future. This license exists only for as long as you elect to continue to include such Content on LavService and will terminate at the time such Content is hidden or removed from the Services by you or by LavService; provided that the license will not terminate and will continue notwithstanding any removal of the Content or termination of your use of the Services to the extent, LavService needs to use such Content in connection with any investigation or compliance with any laws.

You agree to not post any images containing written text or text overlays. Images may not have symbols or text-images anywhere in the photo, including but not limited to shapes, logos, or emoticons, etc. LavService reserves the right to remove or hide or change any images without notice.

When you delete Content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed Content may persist in backup copies for a reasonable period of time (but will not be available to others).

Any Content posted by a User belongs to the person that posted such Content. You may use any Content posted by you in any way without restriction. You may only use Content posted by others in the ways described in these Terms of Service.

The Company reserves the right to remove or hide any Content from the Services, at its sole discretion.

7. Contact

The Company reserves the right to send Users newsletters, promotions or other type of emails at any time.

As part of the Services, the Company offers Professionals the option to contact their Clients for various reasons such as reminding them of an upcoming appointment. In the same manner, the Clients can contact Professionals for any reason.

8. Disclaimers

You expressly understand and agree that:

Your use of the services is at your sole risk. You are fully and solely responsible for your interactions with other users and you agree that it is solely your responsibility to take reasonable precautions in all actions and interactions with other Users and in the provision or receipt of professional services. LavService is not responsible for the conduct, whether online or offline, of any user of the services. LavService is under no obligation to, and does not routinely, screen its Users, inquire into the background of its Users or attempt to verify information provided by any User. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Please carefully select the type of information that you release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other participants or Users.

It is possible for others to obtain personal information about you due to your use of the services or professional services, and that the recipient may use such information to harass or injure you. We are not responsible for the use of any personal information that you disclose on the services or through the services. You understand that in using the services, sensitive information will travel through third-party infrastructure that is not under LavService's control (such as third-party servers). LavService makes no warranty with respect to the security of such third-party infrastructure.

The services are provided on an "as is" and "as available" basis. LavService and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

LavService makes no warranty that (i) the services will meet your requirements or expectations, (ii) that your access to or use of the services will be uninterrupted, timely, secure or error free, (iii) that any defects in the services will be corrected, or (iv) that the services or any server through which you access the services is free of viruses or other harmful components.

LavService makes no representations or warranties about the quality, suitability, reliability, timing, durability, legality, or any other aspect of professional services offered or provided by professionals or requested by clients through use of the services whether in public, private, or offline interactions or about the accreditation, registration or license of any professional.

Any material downloaded or otherwise obtained through the use of the services is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

No advice or information, whether oral or written, obtained by you from LavService or from the services shall create any warranty not expressly stated in these terms of service.

9. Limitation of Liability and Release

To the fullest extent permitted by law, in no event shall LavService or its affiliates, officers, employees, agents, partners and licensors be liable for any damages whatsoever, whether direct, indirect, incidental, special, consequential or exemplary damages.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

LavService expressly disclaims any liability that may arise between Users related to or arising from use of the services. Because LavService is not involved in the actual interactions between Professionals and Clients or in the provision of any Professional Services, you hereby release and forever discharge LavService and its affiliates, officers, directors, employees, agents and licensors from any and all claims, demands, damages (actual or consequential) of every kind and nature, whether known or unknown, contingent or liquidated, arising from or related to any dispute or interactions with any other user, whether online or in person, whether related to the provision of Professional Services or otherwise.

10. Dispute Resolution

a. Informal Negotiations

To expedite resolution and the cost of any dispute, controversy or claim related to these Terms of Service ("Dispute"), you and LavService agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written or email notice. Your address and email for such notices are your Account address and email that you have provided when signing up with LavService. LavService's email address for such notices is [email protected]

b. Binding Arbitration

If you and LavService are unable to resolve a Dispute through informal negotiations, all claims arising from use of the Services (except those Disputes expressly excluded below) shall be finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. The arbitration will be commenced and conducted under the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share or arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If your claim for damages does not exceed USD 10,000, LavService will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in the Federal Rule of Civil Procedure 11(b)). The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in these Terms of Service, you and LavService may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

c. Exceptions to Alternative Dispute Resolution.

Claims where mandatory arbitration is prohibited by a valid, non-preempted law, including claims under the Private Attorney General Act of 2004, California Labor Code 2698 et seq. ("PAGA") to the extent waiver of such claim is deemed unenforceable by a court of competent jurisdiction, are not covered by this arbitration provision. Nothing in this arbitration provision will prevent either party from bringing an individual action in small claims court or to seek injunctive or other equitable relief on an individual basis in a federal or state court in San Francisco County, California, with respect to any dispute related to the actual or threatened infringement, misappropriation or violation of a party's intellectual property or proprietary rights.

d. Waiver of Right to be a Plaintiff or Class Member in a Purported Class Action or Representative Proceeding.

You and LavService agree that any arbitration will be limited to the Dispute between LavService and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND LavService ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and LavService otherwise agree, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding.

e. Location of Arbitration.

Arbitration will take place in San Francisco County, California. You and LavService agree that for any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, the California state and Federal courts located in San Francisco, California have exclusive jurisdiction and you and LavService agree to submit to the personal jurisdiction of such courts.

f. Right to Opt out of Arbitration and Class Action/Jury Trial Waiver.

You may opt out of the foregoing arbitration and class action/jury trial waiver provision of these Terms of Service by notifying LavService in writing within 30 days of the date you first registered for the Services. To opt out, you must send a clearly stated notification to [email protected]

g. Governing Law.

You and LavService agree that, other than as set forth under the subsection entitled "Waiver of Right to be a Plaintiff or Class Member in a Purported Class Action or Representative Proceeding" in Section 10 above, if any portion of Section 10 entitled "Dispute Resolution" is found illegal or unenforceable, that portion will be severed and the remainder of these Terms of Service will be given full force and effect. Notwithstanding the foregoing, if the subsection entitled "Exceptions to Alternative Dispute Resolution" in Section 10 is found to be illegal or unenforceable, neither you or LavService will elect to arbitrate any Dispute falling within that portion of that subsection that is found to be illegal or unenforceable and such Dispute will be decided by a court of competent jurisdiction within San Francisco, California, and you and LavService agree to submit to the personal jurisdiction of that court.

Except as expressly provided otherwise, these Terms of Service are governed by, and will be construed under, the laws of the State of California, without regard to choice of law principles.

Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, the enforceability of Section 10 entitled "Dispute Resolution" shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16).

h. Indemnification

You agree to defend, indemnify and hold harmless the Company and its affiliates, officers, directors, employees, agents, partners and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney's fees) arising from or relating to: (i) your use of and access to the Services; (ii) Professional Services facilitated by the Services or any interaction between you and another User; (iii) your violation of any term of these Terms of Service; (iv) your violation of any rights of a third party, including without limitation any copyright, intellectual property, or privacy right; or (v) any third-party claims or damages relating to death, personal injury or emotional distress arising from or related to use of the Services. This defense and indemnification obligations will survive the termination of these Terms of Service and your use of the Services.

i. Privacy

Our collection of data and information via the Services from Users and others is subject to our Privacy Policy which is available at http://lavsalon.com/site/privacy-policy and is incorporated herein (the "Privacy Policy"). You understand that through your use of the Services that you consent to the collection and use (as set forth in the Privacy Policy) of such data and information.

By using the Services, you may receive information about other Users or other third parties. You must keep such information confidential and only use it in connection with the Services. You may not disclose or distribute any such information to a third party or use the information for marketing purposes unless you receive the express consent of the User or other third party.

j. Security

We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

11. Terms of Service amendments for Providers

a. Basics

You agree and represent that you will honor the reservations made by Clients through the Services, or will communicate with them in advance to resolve any scheduling conflicts to the Client's and LavService's satisfaction.

You agree to pay LavService 10% from the price of every Professional Service that Clients book by using the Services and any other applicable fees as may be agreed to by you. All fees are non-refundable and non-transferable.

Unless otherwise stated, fees must be paid within two weeks of receiving the invoice from LavService which will happen on a monthly basis. Not paying fees on time will result the Provider's account being suspended (or terminated - in case of multiple incidents).

Each Professional authorizes us to confirm that the credit card account or other payment method associated with their Account and used in connection with the Services is and remains in good standing with a financial institution as long as the Professional is using the Services. Each Professional authorizes us to obtain credit reports or other background inquiries from time to time to assess the Professional's eligibility to continue use of the Services. All balances and all fees, charges, and payments collected or paid through the Services are denominated in US dollars. Users of the Service will be liable for any taxes required to be paid on the Services provided under the Agreement (other than taxes on the Company's income).

We reserve the right to adjust pricing for the Services at any time, and the change will be effective from the next month. If you disagree with any change and don't want to continue using the Services, you must close your account. If you want to close your account (which you can freely do at any time), you can contact LavService at [email protected]

Sometimes LavService might offer free or discounted options to some Providers for a specific period.

b. Professional Accounts

By creating an Account as a Professional, you certify that you are, or if you are a salon, merchant or other business entity, all of your employees, independent contractors or agents who are providing the Professional Services each are, a licensed professional and that your business information is correctly represented on LavService. You further certify that you are duly licensed to provide Professional Services "in-home" or otherwise outside your place of business should you advertise such Professional Services on LavService. LavService reserves the right to remove or hide any incorrect, out of date, or illegal information from profiles, as well as remove or hide the entire profile itself.

By creating an Account as a Professional, you confirm that you will not accept payments from or in connection with the following businesses or business activities: (1) any illegal activity or goods, (2) buyers or membership clubs, including dues associated with such clubs, (3) credit counseling or credit repair agencies, (4) credit protection or identity theft protection services, (5) direct marketing or subscription offers or services, (6) infomercial sales, (7) internet/mail order/telephone order pharmacies or pharmacy referral services (where fulfillment of medication is performed with an internet or telephone consultation, absent a physical visit with a physician including re-importation of pharmaceuticals from foreign countries), (8) unauthorized multi-level marketing businesses, (9) inbound or outbound telemarketers, (10) prepaid phone cards or phone services, (11) rebate based businesses, (12) up-sell merchants, (13) bill payment services, (14) betting, including lottery tickets, casino gaming chips, off-track betting, and wagers at races, (15) manual or automated cash disbursements, (16) prepaid cards, checks, or other financial merchandise or services, (17) sales of money-orders or foreign currency, (18) wire transfer money orders, (19) high-risk products and services, including telemarketing sales, (20) service station merchants, (21) automated fuel dispensers, (22) adult entertainment oriented products or services (in any medium, including internet, telephone, or printed material), (23) sales of (i) firearms, firearm parts or hardware, and ammunition; or (ii) weapons and other devices designed to cause physical injury (24) internet/mail order/telephone order cigarette or tobacco sales, (25) drug paraphernalia, (26) occult materials, (27) hate or harmful products, (28) escort services, or (29) bankruptcy attorneys or collection agencies engaged in the collection of debt.

c. Taxes

You are responsible for determining any and all taxes assessed, incurred, or required to be collected, paid, or withheld for any reason in connection your use of our software and services ("Taxes"). You also are solely responsible for collecting, withholding, reporting, and remitting correct Taxes to the appropriate tax authority. We are not obligated to, nor will we determine whether Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority arising from any transaction. LavService specifically disclaims any liability for Taxes.

If in a given calendar year you receive (i) more than $20,000 in gross amount of payments and (ii) more than 200 payments, LavService will report annually to the Internal Revenue Service ("IRS"), as required by law, your name, address, Tax Identification Number (such as a Social Security Number (SSN), or Employer Identification Number (EIN)), the total dollar amount of the payments you receive in a calendar year, and the total dollar amount of the payments you receive for each month in a calendar year. Whether you reach $20,000 in payments or more than 200 payments will be determined by looking at the SSN associated with your Account.

d. Customer Care

Each Professional, as a separate entity from LavService, is solely responsible for all customer service issues relating to such Professional's goods or services, including without limitation, any Professional Services, pricing, order fulfillment, order or appointment cancellation, returns, refunds and adjustments, rebates, functionality and warranty, and feedback concerning experiences with such Professional, any personnel, their policies or processes. In performing customer service, Professionals must present themselves as a separate entity from LavService.

e. Liability for Chargebacks and Fraudulent Actions

LavService is not liable for any losses relating to fraudulent charges, or other actions by any User that are deceptive, fraudulent or otherwise invalid as determined in LavService's sole discretion ("Fraudulent Actions"). By using the Services, you hereby release LavService from any liability arising from Fraudulent Actions. You will also use best efforts to promptly notify LavService of any Fraudulent Actions which may affect the Services. LavService reserves the right, in its sole discretion, to terminate the account of any User that engages in, or enables any other User to engage in, Fraudulent Actions.

f. Excessive Charges or Tips

If we determine that you are incurring an excessive amount of charges or accepting tips, we may establish controls or conditions governing your Account, including without limitation, by establishing new processing fees, terminating or suspending the Services.

g. Inactivity

If there is no activity in your Account for two consecutive months, we may suspend or terminate your Account.