IN PARTICULAR, BEAUTY SERVICE PROVIDERS AND THEIR CLIENTS SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE MUNICIPALITIES, CITIES, COUNTIES, STATES AND COUNTRIES. SOME STATES HAVE LAWS THAT REGULATE COSMETOLOGY AND COSMETOLOGY-RELATED SERVICES, IN ADDITION TO PAYMENT AND PAYMENT PROCESSING COLLECTIONS PRACTICES. IN MANY STATES, BEAUTY SERVICES PROVIDERS MUST BE LICENSED BEFORE THEY ARE ABLE TO COMMERCIALLY PROVIDE BEAUTY SERVICES. PENALTIES MAY INCLUDE FINES OR OTHER ENFORCEMENT. BEAUTY SERVICE PROVIDERS AND THEIR CLIENTS SHOULD REVIEW LOCAL LAWS BEFORE PROVIDING BEAUTY SERVICES OR BUYING SERVICES ON GLOSSGENIUS.
The GlossGenius Services GlossGenius is a platform that powers the services and businesses of beauty and other professionals (collectively or individually, the “Professionals”) and facilitates interaction with clients seeking such services and Professionals (collectively or individually, the “Clients”). Such Professionals and Clients are both users of the GlossGenius Services and may be collectively or individually referred to herein as “Users”.
Your GlossGenius account gives you access to the GlossGenius Services that we may establish and maintain from time to time and in our sole discretion. You may never use another User’s account without permission. When creating your account and/or using the GlossGenius Services, you must provide accurate, complete and appropriate information. You additionally acknowledge and agree that you will not intentionally omit and/or misrepresent any facts or material information and that if there are any such occurrences of knowingly omitted and/or misrepresented facts or information, you will promptly rectify them. You consent that GlossGenius has the right to verify any such information submitted by you. GlossGenius has the right to suspend or terminate any User that provides incomplete, inaccurate or untrue information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify GlossGenius immediately by email at email@example.com of any unauthorized use of your account. You understand and agree that you are solely responsible for compliance with any and all applicable laws, rules, regulations and tax obligations that may apply to your use of the GlossGenius Services and your GlossGenius account, including any and all products and services you may provide or make available through our Site and App.
In the event you provide feedback, suggestions or any information related to the GlossGenius Services, you acknowledge and agree that we can use them without restriction and without any need to remunerate or otherwise compensate you for them.
In addition to the above information related to your GlossGenius Account as a User of the GlossGenius Services, 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. GlossGenius reserves the right to remove or hide or change any images without notice.
GlossGenius reserves the right to remove or reclaim any such account information provided by you if we believe that such information is offensive, inappropriate, unclear or otherwise violates trademark rights and other third party rights. You additionally confirm upon creating an account that you are either a legal resident of the United States, a United States citizen or a business entity authorized to do business by the states in which you operate. You may only use the GlossGenius Services and your Account for business purposes in the fifty United States of America and the District of Columbia. This is applicable to US-based Users only and international Users are required to comply with applicable international law. If you are a Professional creating an Account, you certify that you are, or if you are a salon, merchant or other business entity, you certify that all of your employees, independent contractors or agents who are providing Services each are licensed professionals and that all business information provided to describe you or them is correct. In addition, you certify that you are duly licensed to provide the Services “in-home” or outside of your place of business should such Services be advertised as so.
Your GlossGenius account may not be used to send anything offensive, to promote anything illegal, or to harass anyone. GlossGenius accounts may not be used to promote and post pornographic and sexually explicit content, sell illegal goods and services, or be used to send e-mails and messages that violate CAN-SPAM Laws. GlossGenius reserves the right to remove or reclaim any accounts offering these types of services and products, or content, including: escort services, mail-order bride/spouse finders, international marriage brokers, and other similar sites and services; hookup, swinger, or sexual encounter sites or services; pharmaceutical products; work from home, make money online, and lead generation opportunities; gambling services or products; credit repair and get out of debt opportunities; or selling “Likes” or followers for a social media platform.
You represent and warrant that you either own or have permission to use all of the material, content, data, and information (including your personal information and the personal information of others) you submit to GlossGenius in the course of using the Service. By agreeing to these Terms, you agree to not use the GlossGenius email and text message capabilities to send spam or send any communications to lists that you don’t have permission to use.
Your Subscription to the GlossGenius Services commences on the date that you sign up for a Subscription. Unless otherwise stated at the time of sign up, each Subscription runs on a one-month cycle (“Subscription Period”) and will automatically renew monthly until you notify GlossGenius via the GlossGenius Services or by email to firstname.lastname@example.org of your decision to terminate or unless we otherwise terminate the Subscription. You will be billed on the monthly anniversary of the date during which your Subscription first began. For example, if your Subscription begins on April 29th, it will renew on May 29th, June 29th, and so on. If your Subscription begins on a date that is not present in every billing cycle (e.g. the 31st), you will be billed on the last day of every month. GlossGenius may change the timing of our billing and we reserve the right to modify the schedule at which you will be billed. The amount billed to you each month may vary due to promotional offers and/or changing your Subscription plan and you acknowledge these variations and authorize GlossGenius to bill you as necessary.
GlossGenius reserves the right to adjust the Subscription pricing at any time and for any reason upon fourteen (14) days prior notice. Unless otherwise stated, any price change to the Subscription and your membership will be in effect on your next billing cycle. To continue to use the GlossGenius Services, you must agree to any change in fees. If you do not agree to any change in fees, you must cancel your account by following the appropriate cancellation policies or notifying email@example.com. You acknowledge that GlossGenius reserves the right to garner feedback as to why you are cancelling your account.
GlossGenius may offer trial memberships for varying lengths which may include free or discounted access to the Subscription during such trial period. GlossGenius reserves the right to end the availability of trial memberships at any time and for any reason. After the trial period, you acknowledge that your membership will automatically convert to a regular monthly Subscription at the provided for price unless cancelled at least 48 hours prior to the end of your trial period. You may cancel your Subscription by following the appropriate cancellation procedures within the GlossGenius Services or contacting firstname.lastname@example.org. You acknowledge that GlossGenius reserves the right to garner feedback as to why you are cancelling your account.
You may cancel your Subscription at any time. If you choose to cancel with more than 48 hours notice prior to your next billing cycle, you will not be charged for the ensuing month of the Subscription. For any questions related to your individual billing cycle, please log onto your account to view your billing cycle information or contact us at email@example.com .
You acknowledge that you are ineligible for a pro-rated refund or any amount of the Subscription Fees paid for the then-current monthly subscription cycle at which you cancel. After cancelling, you will only have access to the GlossGenius Services through the end of your current billing cycle.
GlossGenius may offer services for an additional fee that may help Professionals grow their business and facilitate deeper connection and interaction between a Professional and his/her Clients.
You grant GlossGenius a non-exclusive, transferable, perpetual sub-licensable, royalty-free, worldwide license to use any User Content that you display, post or submit on or through the GlossGenius Services. In addition, you give us permission to use your name, profile picture and other User Content in connection with the commercial or sponsored content served or enhanced by us or our third party partners without any compensation to you. You agree that any part of the GlossGenius Services, including but not limited to the text, photographs, graphics, audio, visual, settings, controls, functionality, code, data, mechanisms, design, interactions or systems in place that the GlossGenius Services provides is the sole intellectual property of GlossGenius.
By permitting your image to be taken in connection with the GlossGenius Services and/or uploading your image, you consent to use of your likeness or image for any reason, including, but not limited to in connection with the commercial advertising and offering of the GlossGenius Services.
By using the GlossGenius Services, you expressly consent and agree to accept and receive communications from us, including via email, text message (SMS), calls, and push notifications to the cellular telephone number you provided to us. By consenting to being contacted by GlossGenius, you understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of GlossGenius, including but not limited to: operational and transactional communications concerning your account, use of the GlossGenius Services, and appointments; updates concerning new and existing features on the Site or App; promotional communications, including communications about special events, contests, sweepstakes, offers or surveys run by us or our third party partners, and news concerning GlossGenius. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the GlossGenius Services. You may opt out of receiving promotional or marketing texts or calls from GlossGenius at any time by contacting us as indicated below or, if applicable, following the instructions contained in the message.
In addition, if you may permit, through the permission systems used by your mobile device, that we access the names and contact information such as emails and phone numbers in the address book on your device so that we can communicate with your contacts about or in connection with the GlossGenius Services, you represent that all such contacts have consented to receive informational and marketing email, text message (SMS) and calls from you.
You will only use the application in connection with a device that you own or control; You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the application; In the event of any failure of the application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’ sole warranty obligation to you will be to refund to you the purchase price, if any, of the application; You acknowledge and agree that GlossGenius, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the application; You acknowledge and agree that, in the event of any third party claim that the application or your possession and use of the application infringes that third party’s intellectual property rights, GlossGenius, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim; You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties; and Both you and GlossGenius acknowledge and agree that, in your use of the application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use.
IT IS POSSIBLE FOR OTHER USERS OF THE GLOSSGENIUS SERVICES TO OBTAIN PERSONAL INFORMATION ABOUT YOU DUE TO YOUR USE OF THE GLOSSGENIUS SERVICES OR SERVICES, AND THAT THE RECIPIENT MAY USE SUCH INFORMATION TO HARASS OR INJURE YOU. WE ARE NOT RESPONSIBLE FOR THE USE BY OTHER USERS OF THE GLOSSGENIUS SERVICES OF ANY PERSONAL INFORMATION THAT YOU DISCLOSE ON THE SERVICES OR THROUGH THE GLOSSGENIUS SERVICES.
GLOSSGENIUS MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY, SUITABILITY, RELIABILITY, TIMING, DURABILITY, LEGALITY, OR ANY OTHER ASPECT OF THE SERVICES OFFERED OR PROVIDED BY PROFESSIONALS OR REQUESTED BY CLIENTS THROUGH USE OF THE GLOSSGENIUS SERVICES WHETHER IN PUBLIC, PRIVATE, OR OFFLINE INTERACTIONS OR ABOUT THE ACCREDITATION, REGISTRATION OR LICENSE OF ANY PROFESSIONAL.
GLOSSGENIUS EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN USERS RELATED TO OR ARISING FROM USE OF THE GLOSSGENIUS SERVICES. YOU AGREE THAT YOU WILL COMPLY WITH ALL LOCAL, STATE, AND FEDERAL LAWS AND REGULATIONS AS IT RELATES TO ACCESSING FEATURES OF THE GLOSSGENIUS SERVICE, INCLUDING BUT NOT LIMITED TO THE USE OF ONLINE WEB PORTAL, MOBILE APPLICATION, PAYMENT PROCESSING, CLIENT COMMUNICATIONS AND ALL OTHER FEATURES ACCESSIBLE TO YOU THROUGH THE GLOSSGENIUS SERVICES. BECAUSE GLOSSGENIUS IS NOT INVOLVED IN THE ACTUAL INTERACTIONS BETWEEN PROFESSIONALS AND CLIENTS OR IN THE PROVISION OF ANY SERVICES, YOU HEREBY RELEASE AND FOREVER DISCHARGE GLOSSGENIUS 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 SERVICES OR OTHERWISE.
If you, the Professional, sell and offer gift cards to your Buyers or Clients through GlossGenius, you (and not GlossGenius) are the issuer and administrator of your gift cards. You are solely responsible for compliance with federal, state, and local laws that apply to your gift cards, including but not limited to notice and disclosure requirements, expiration dates and fees, refunds, cash back, unclaimed property or escheat requirements (such as tracking, reporting, and remittance of unclaimed property balances in all states), and customer service for your Clients, Buyers and holders of gift cards.
Gift cards sold by you are gift cards that are only redeemable from you for your services and goods. GlossGenius does not assess a fee on the redemption of a gift card to purchase services or goods from you, and you may not assess or impose any fees or charges on the issuance, maintenance, or redemption of gift cards. You may not impose an expiration date on gift cards and any unused balance of a gift card must remain available to the holder of the gift card until fully redeemed, even if your GlossGenius Account is closed, suspended, or terminated. You may not provide a cash refund from or cash back on gift cards except to the extent required by applicable law. If a purchase exceeds the holder’s gift card balance, the holder must pay the remaining amount with another payment method. GlossGenius is not responsible for any lost or stolen gift cards. All gift cards and the funds associated with gift cards are your sole property. Any liability for the use or misuse of your gift cards, and any third party claims arising from or relating to your gift cards, are your sole responsibility.