These Terms of Use (“Terms”) are a binding legal agreement between MyBeautyIQ LLC and its directors, officers, employees, contractors, and representatives (“MBIQ,” “we,” “us,” or “our”) and anyone who uses MBIQ’s mobile application or website (“User(s)” or “you”). For clarity, Users include Students, Educators, and Salon Owners, as further defined below.
These Terms govern your access to and use of the MyBeautyIQ mobile application and the website https://mybeautyiq.com/, including all pages, domains, content, services, and products available through said mobile application and website (collectively, the “App”). These Terms also apply to any events listed, organized, booked, or promoted on or through the App (each, a “Class”).
When using the App or attending or hosting a Class, you agree to comply with all applicable laws, regulations, and contracts, including without limitation these Terms; MBIQ’s Privacy Policy [add link]; MBIQ’s Payment, Cancellation, and Refund Policy; any additional terms or policies referenced in these Terms, and any supplemental terms or agreements between you and MBIQ. In addition to any other remedies set forth in these Terms or at applicable law, MBIQ reserves the right, in its sole discretion, to suspend the account of any User who violates any part of these Terms or any applicable law or regulation.
Please read these Terms carefully, as they contain certain standards, disclaimers, limitations, and waivers of rights you may otherwise have. If you do not agree to the Terms, then you may not use the App.
These Terms are subject to change by MBIQ, in its sole discretion, at any time, without prior notice. Any changes to these Terms will be in effect as of the “Last Updated” date at the top of these Terms. By accessing, using, or logging into the App after the “Last Updated” date, you agree to the changes to these Terms.
**Acceptable Use**
MBIQ empowers all beauty professionals and builds community through the App, which provides a centralized platform where students (“Students”), educators (“Educators”), and salon owners (“Salon Owners”) can go to for all of their in-person education needs. Find, teach, or host a Class – all from the convenience of your phone!
To ensure a productive, respectful, and secure community, this section sets forth the Acceptable Use standards for the App.
**Users agree to:**
– Use the App only for purposes that are permitted by these Terms and applicable law.
– Register for the App using an email address you own.
– Take reasonable steps to protect your account credentials, and immediately notify MBIQ of any breach or unauthorized use of your App account or the email you used to register with the App.
– Be respectful and professional when communicating through or posting content on the App.
– Embrace and respect the diversity of backgrounds, opinions, and experiences of other Users and members of the beauty community.
**Users agree NOT to:**
– Access or attempt to access the App other than through the interface provided by MBIQ.
– Register for the App if they are under 18 years old.
– Post, upload, or submit any sensitive information to the App. Sensitive information may include, without limitation, your Social Security Number, health information, and/or information related to your political or religious beliefs.
– Access or attempt to access the App through any automated means, including without limitation through the use of scripts.
– Engage in an activity that disrupts or interferes with the App.
– Use the App in any manner that infringes the intellectual property rights of third parties.
– Use the App to store or transmit malicious code or malware.
– Use the App to send phishing or other unauthorized or unsolicited emails or communications.
– Use the App to engage in fraudulent or illegal activity.
– Modify, reverse engineer, probe, scan, or test the App, or attempt to do so.
**Standards for Students, Educators, and Salon Owners**
When registering for an account through the App, you must select a profile type: Student, Educator, or Salon Owner. The following standards apply to you based on the profile you have selected.
**Student Standards**
To ensure a productive and respectful learning environment for everyone, Students agree to the following standards during Class:
**1. Respectful Behavior – Students will:**
a. Treat their classmates and the Educator with respect and kindness.
b. Avoid disruptive behavior during Class demos and discussions.
c. Use appropriate language and tone in all communications.
**2. Attendance and Punctuality**
a. It is important for all Students to be on time for Class. Late arrivals can disrupt Class settings and other Students.
b. Students who are more than 15 minutes late may be denied entry to the Class.
**3. Active Participation – Students will:**
a. Engage in Class discussions, activities, and assignments.
b. Ask questions and contribute to the learning experience.
**3. Respecting Diversity**
a. Our industry is versatile and diverse. Embracing and respecting the diversity of backgrounds, opinions, and experiences among classmates is a MUST!
Students who do not comply with the above guidelines, or with any other provisions in these Terms, may be removed from, or denied entry to, Class, in the sole discretion of the Educator and/or Salon Owner. For more information, please refer to MBIQ’s Payment, Cancellation, and Refund Policy.
**Educator Standards**
To ensure a productive and respectful learning environment for everyone, Educators agree to the following standards during a Class:
**1. Respectful Behavior – Educators will:**
a. Treat your students and salon staff with respect and kindness.
b. Use appropriate language and tone in all communications.
**2. Attendance and Punctuality**
a. It is important that all Educators are prepared and ready by the Class start time.
b. If you need to cancel a Class, please give notice at least three business days prior to your reserved Class date. For help, please contact customer service through the App. For more information, please refer to MBIQ’s Payment, Cancellation, and Refund Policy.
**3. Class Listing Accuracy**
a. Classes taught must line up with the class you have advertised on the App. This includes, without limitation, the:
i. Class subject
ii. Class type
iii. Address
iv. Date and time
v. Tools needed
**4. Respecting Diversity**
a. Our industry is versatile and diverse. Embracing and respecting the diversity of backgrounds, opinions, and experiences among classmates is a MUST!
**5. Cleanliness**
a. When renting a salon space through the App, it is important to leave the rented space cleaner and nicer than you left it! Please respect the Salon Owners’ space and employees.
**Salon Owner Standards**
To create comfortable, reliable experiences for Students and Educators, Salon Owners agree to the following Standards:
**1. Reservation Commitment**
a. By listing a venue on the App, you represent that you have the legal right to rent the space to an Educator for the advertised purpose on the date and time listed on the App
.
b. Salon Owners must honor accepted reservations and provide a reliable check-in experience.
c. Check-in: Salon Owners must provide their guests with the ability to readily access the listing by providing the address, entry instructions, and any other details related to access of the listing no less than one business day prior to the reservation.
d. Cancellations: Salon Owners should not cancel confirmed reservations unless there are certain valid reasons beyond the Salon Owner’s control. Even in these cases, cancellations must be made at least 72 hours prior to the accepted reservation. For more information, please refer to MBIQ’s Payment, Cancellation, and Refund Policy.
e. Overall, Salon Owners must strive to provide a positive and comfortable experience for their guests while upholding their commitment to reservations and customer service.
**2. Timely Communication**
a. Commitment
i. It’s important to keep in mind that guests may have questions or concerns that impact their decision to stay at your listing, so timely and helpful responses are key to building trust and satisfaction with your guests.
ii. If you anticipate being unavailable for an extended period of time (such as during a vacation or business trip), it’s a good idea to set up automated messages or designate a Salon Manager to handle guest inquiries while you’re away.
iii. Overall, being responsive and available can go a long way in ensuring a successful and enjoyable Class for Educators.
b. Before the Class
i. Please respond to Educators leading up to their reservation at your salon. We ask that responses are communicated within 2 business days of an Educator’s inquiry being sent so that communication stays prompt and clear leading up to the Class.
c. During the Class
i. When an Educator reaches out to you during their reservation, please respond within 12 hours of the inquiry being sent.
ii. Close to check-in time, or if an issue arises during the reservation (a missing key amenity, listing access issue, etc.), it’s especially important to respond quickly to Educators’ messages. During these moments, Salon Owners are expected to respond within 1 hour to messages received during local daytime hours.
**3. Listing Accuracy**
a. The listing page at the time of booking must accurately describe the salon space and reflect the features and amenities. The place provided must be the one that was booked, and the photos and description on the listing page must accurately represent the space provided. Please make sure your listing has the following information:
i. Occupancy and seating information
ii. Type of accommodation (Salon/Studio/Office etc.)
iii. Location, neighborhood, address
iv. Parking
v. Kitchen facilities and equipment
vi. Wi-Fi availability
vii. Heating and air conditioning
viii. Accessibility features (wheelchair ramp, elevator, etc.)
ix. House rules (smoking policy, noise restrictions, pet policy, etc.)
x. Check-in and checkout times
xi. Contact information for the property owner or manager
xii. Accurate picture(s) of the space
xiii. Salon rules
**4. Cleanliness**
a. All salon listings must be clean and ready for Class.
b. Supplies: Salon Owners should provide guests with basic cleaning supplies (broom, vacuum, cleaning solutions, paper towels, etc.) for their use during their reservation as well as any other amenities they have provided on the listing.
c. Maintenance: Salon Owners should regularly maintain their space to ensure they are in good condition (replace light bulbs, fix leaky faucets, etc.).
**d. If an Educator finds that the listing does not meet these standards, they should contact MBIQ for assistance.
e. MBIQ is committed to providing Educators and Students with the best experience during their Classes. Following the above guidelines helps us set a standard to provide the best learning environment for all. If you have any questions or concerns, please contact us at [email protected].**
**General Terms**
This section applies to all Users of the App, including Students, Educators, and Salon Owners.
**Payment.**
Users agree to pay the price shown in the App for the service, venue, or Class they wish to purchase, including any applicable taxes or fees. Refunds will only be given in accordance with MBIQ’s Payment, Cancellation, and Refund Policy.
**Intellectual Property.**
Except as may otherwise be provided, the App and the content included in or made available through the App, such as text, graphics, logos, images, sounds, videos, digital downloads, data compilation, software, and documents, are the exclusive property of MBIQ and are protected by United States and international intellectual property laws. All rights, title, and interest not expressly granted with respect to the App and content provided on or made available through the App are reserved and retained by MBIQ.
If you post, submit, or upload any content to the App, you grant MBIQ, to the maximum extent permitted under applicable law, an irrevocable, perpetual, sublicensable, transferable, nonexclusive, royalty-free, and worldwide license, without additional consideration to you or any third party, to copy, reproduce, distribute, transmit, perform, and display (publicly or otherwise), create derivative works of, adapt, modify, edit, translate, reformat, and otherwise use, analyze and exploit such content, in any medium or form now existing or later developed, and for any purpose; to publish (or not publish) your name in connection with the content; and the right to sublicense such rights to others, including without limitation MBIQ’s affiliates, business partners, or successors.
**DISCLAIMER OF WARRANTIES.**
MBIQ PROVIDES THE APP “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, AND WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED. FOR EXAMPLE: (1) WE DO NOT ENDORSE OR WARRANT THE QUALITY OF ANY CLASS OR THE SUITABILITY OF THE VENUE WHERE A CLASS IS HELD; (2) WE DO NOT WARRANT THE ACCURACY OF ANY INFORMATION PUT INTO THE APP BY ANY USER; (3) WE DO NOT WARRANT THE PERFORMANCE OR NON-INTERRUPTION OF THE APP; AND (4) WE DO NOT WARRANT THAT THE VERIFICATION (IF ANY) OF THE IDENTITY OR CREDENTIALS OF A USER WILL IDENTIFY PAST MISCONDUCT OR PREVENT FUTURE MISCONDUCT. THE DISCLAIMERS IN THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. IF YOU HAVE STATUTORY RIGHTS OR WARRANTIES WE CANNOT DISCLAIM, THE DURATION OF ANY SUCH STATUTORILY REQUIRED RIGHTS OR WARRANTIES WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
**LIMITATIONS ON LIABILITY.**
Por supuesto, aquí tienes los textos en inglés que puedes copiar y pegar en un documento de Word:
**LIMITATIONS ON LIABILITY:**
MBIQ WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH (1) THESE TERMS; (2) THE USE OF THE APP; OR (3) HOSTING OR ATTENDING ANY CLASS ORGANIZED OR ADVERTISED THROUGH THE APP; OR (4) ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS YOU MAY HAVE WITH SOMEONE YOU INTERACT WITH OR MEET THROUGH, OR AS A RESULT OF, YOUR USE OF THE APP OR YOUR HOSTING OF OR ATTENDANCE AT ANY CLASS ORGANIZED OR ADVERTISED THROUGH THE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MBIQ HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET OUT IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL MBIQ’S AGGREGATE LIABILITY FOR ANY CLAIM OR DISPUTE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS; YOUR ATTENDANCE AT A CLASS; THE HOSTING OF A CLASS; YOUR INTERACTION WITH ANY STUDENTS, EDUCATORS, OR SALON OWNERS; OR YOUR USE OF OR INABILITY TO USE THE APP; EXCEED: (1) FOR STUDENTS, THE AMOUNT YOU PAID FOR CLASSES BOOKED THROUGH THE APP DURING THE 12-MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY; (2) FOR EDUCATORS, THE AMOUNT YOU PAID TO MBIQ RELATED TO YOUR USE OF THE APP DURING THE 12-MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY; (3) FOR SALON OWNERS, THE AMOUNT YOU PAID TO MBIQ RELATED TO YOUR USE OF THE APP DURING THE 12-MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY; OR (4) FOR ANYONE ELSE, ONE HUNDRED U.S. DOLLARS (\$100.00).
THESE LIMITATIONS OF LIABILITY AND DAMAGES ARE FUNDAMENTAL ELEMENTS OF THE AGREEMENT BETWEEN YOU AND MBIQ (EXCEPT WHERE PROHIBITED OR LIMITED BY APPLICABLE LAW).
**Indemnification:**
To the maximum extent permitted by applicable law, you agree to release, defend (at MBIQ’s option), indemnify, and hold harmless MBIQ from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorneys’ fees and court costs, arising out of or connected with: (1) your violation of these Terms; (2) your improper use of the App; (3) communications, interactions, or meetings you may have with someone you interact with or meet through, or as a result of, your use of the App or your hosting of or attendance at any Class organized or advertised through the App; or (4) your breach of any laws, regulations, or third-party rights, including without limitation intellectual property or privacy rights.
**Feedback:**
From time to time, MBIQ may solicit, or Users may provide, suggestions, ideas, feedback, recommendations, feature requests, or other input (collectively, “Feedback”). You hereby grant MBIQ a worldwide, perpetual, irrevocable, sublicensable, transferable, royalty-free license to use, modify, and incorporate into the App and related products and services any Feedback, without payment or attribution. You agree that MBIQ (and those MBIQ permits to use Feedback) may exploit all Feedback without restriction, royalty, or obligation of any kind, on terms that have or may in the future be offered or contemplated, and without attribution to you or any third party.
**Termination:**
MBIQ may terminate your access to all or any part of the App, without cause or notice, which may result in the forfeiture and destruction of all information associated with your App account. If you wish to terminate your account, you may do so through the App or by contacting us at [email protected].
Any provisions of these Terms that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of these Terms, will survive such termination or expiration to the fullest extent permitted by applicable law. Termination of your access to and use of the App shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to MBIQ or any third party.
**Governing Law:**
The App is controlled and operated from the United States, and the Terms and your use of the App shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles. You hereby consent to the exclusive jurisdiction and venue of the state and federal courts located within the State of California, County of Los Angeles, for all disputes arising out of or relating to these Terms or the use of the App.
**Miscellaneous:**
These Terms constitute the entire agreement between you and MBIQ regarding your use of the App and supersede all prior or contemporaneous understandings and agreements, whether written or oral. If any part of these Terms is determined to be invalid or unenforceable under applicable law, that provision will be removed or limited to the minimum extent necessary so that the remaining parts of these Terms remain in full force and effect.
The failure of MBIQ to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver of any right or provision will be effective only if in writing and signed by MBIQ. All waivers by MBIQ under these Terms must be in writing to be effective.
You may not assign or transfer these Terms or your rights or obligations under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent.
If you have any questions about these Terms or the App, please contact us at [email protected].
Effective Date: September 1, 2023