Terms of Service

Effective Date: [EFFECTIVE DATE]
Last Updated: [EFFECTIVE DATE]

1. Agreement to Terms

These Terms of Service (“Terms”) govern your use of the Axervice appointment scheduling platform and related services (collectively, the “Service”) operated by [LEGAL ENTITY NAME](“Axervice,” “we,” “us,” or “our”). By accessing or using the Service, you agree to be bound by these Terms.

Two types of users are covered by these Terms:

• Merchants — salon, spa, beauty, or nail studio businesses that subscribe to use the Platform to manage appointments and staff.
• Consumers — clients who book appointments through a Merchant’s public booking page hosted on our Platform.

2. Description of Service

Axervice provides a multi-tenant SaaS appointment scheduling platform for beauty and wellness businesses. The Service includes online booking, staff scheduling, point-of-sale integrations, and related administrative tools. Features and availability may change over time; we will provide reasonable notice of material changes to Merchants.

3. Merchant Accounts and Responsibilities

Merchants must create an account and agree to these Terms before using the Service. Merchants are responsible for:

• Maintaining the security of their account credentials.
• All activity that occurs under their account.
• Complying with applicable laws and regulations governing their business, including laws regarding the collection and use of consumer personal information.
• Obtaining any necessary consents from their clients before collecting personal information using our Platform.
• Fulfilling consumer data-subject requests (access, correction, deletion) as required by applicable law. Axervice provides administrative tools to assist Merchants, but the legal obligation rests with the Merchant as the data controller.
• Maintaining accurate business information on the Platform.

4. Consumer Use of the Booking Page

Consumers may use a Merchant’s public booking page to schedule appointments without creating an account. Consumers acknowledge that:

• The Merchant (not Axervice) is responsible for the services offered, their pricing, quality, and any policies (including cancellation, no-show, and deposit policies).
• Personal information provided during booking is controlled by the Merchant and processed by Axervice as a data processor.
• Any disputes regarding services, charges, or cancellations should first be directed to the Merchant.

5. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of these Terms.
• Attempt to gain unauthorized access to any part of the Service or its related systems.
• Transmit harmful, offensive, or fraudulent content through the Service.
• Reverse engineer, copy, or create derivative works from any part of the Service.
• Use automated means to access the Service except as expressly permitted by us.
• Impersonate another person or entity.

6. Payment and Billing

6a. Merchant Subscriptions

Merchants pay a subscription fee for access to the Service. Subscription terms, fees, and billing cycles are set out in the Order Form or pricing page agreed to at time of sign-up. Subscriptions renew automatically unless cancelled before the renewal date. Fees are non-refundable except as required by applicable law or as expressly stated in your Order Form.

6b. Consumer Payments

Consumer payments (service fees, deposits, no-show fees) are transactions between the Consumer and the Merchant. Axervice facilitates payment collection on behalf of Merchants through third-party payment processors (Square, Clover, or Stripe). Axervice is not a party to these consumer-Merchant payment transactions and is not responsible for charge accuracy or refund decisions, which are the Merchant’s responsibility.

6c. Taxes

Merchants are responsible for determining and remitting any applicable taxes on their services. Axervice subscription fees may be subject to applicable taxes, which will be itemized on invoices.

7. Intellectual Property

The Service, including all software, trademarks, and content produced by Axervice, is owned by [LEGAL ENTITY NAME] and protected by intellectual property laws. You may not use our trademarks without our prior written consent. Merchants retain ownership of their business data uploaded to the Platform.

8. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

THE SCHEDULING ALGORITHMS AND STAFF ASSIGNMENT FEATURES ARE PROVIDED AS MANAGEMENT TOOLS ONLY. FINAL STAFFING AND SCHEDULING DECISIONS REMAIN THE MERCHANT’S SOLE RESPONSIBILITY.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, [LEGAL ENTITY NAME] AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM.

10. Indemnification

You agree to indemnify, defend, and hold harmless [LEGAL ENTITY NAME] and its affiliates from and against any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with your access to or use of the Service, your violation of these Terms, or your violation of any applicable law.

11. Termination

We may suspend or terminate your access to the Service at our sole discretion, with or without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties. Merchants may cancel their subscription at any time; cancellation takes effect at the end of the current billing period.

12. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of [GOVERNING-LAW STATE], without regard to its conflict of law provisions. Any dispute arising under these Terms shall first be attempted to be resolved informally. If informal resolution fails, disputes shall be resolved through binding arbitration in [GOVERNING-LAW STATE], except that either party may seek injunctive or other equitable relief in a court of competent jurisdiction.

13. Changes to These Terms

We reserve the right to modify these Terms at any time. We will provide Merchants with at least 30 days’ notice of material changes via email or in-Platform notification. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.

14. Contact

[LEGAL ENTITY NAME]
[BUSINESS ADDRESS]
Email: [CONTACT EMAIL]