1. Definitions
For purposes of these Terms:
- "Beautiq" or "we" means Beautiq APP, a Florida-organized company, including its officers, employees, agents, and affiliates.
- "Services" means the Beautiq software-as-a-service platform, including the booking system, customer relationship management tools, appointment scheduling, SMS notification infrastructure, dashboards, websites located at beautiq.app and its subdomains, mobile applications, and any related services we provide.
- "Salon" means a business entity — a beauty salon, barbershop, spa, or similar service provider — that registers an account with Beautiq to use the Services to manage its operations and communicate with its customers.
- "End User" means any individual customer of a Salon who interacts with the Services, including but not limited to: booking an appointment through a Salon's Beautiq-powered booking page, receiving SMS messages from a Salon via the Services, or otherwise providing information through the Services.
- "Account" means a registered Salon account on the Services.
- "End User Data" means information that Salons collect about their End Users through the Services, including names, phone numbers, email addresses, appointment history, and consent records.
- "Trial Period" means the free evaluation period during which a Salon may use the Services without payment, as described in Section 7.
2. Acceptance and Eligibility
2.1 Acceptance by Salons
To register a Salon Account, you must:
- Be at least 18 years of age and legally authorized to bind the business entity on whose behalf you are registering;
- Be a business legally registered to operate in the United States;
- Provide accurate, current, and complete information during registration;
- Maintain and update such information to keep it accurate.
By creating an Account, the registering individual represents and warrants that they have the legal authority to enter into these Terms on behalf of the Salon.
2.2 Acceptance by End Users
End Users accept these Terms by using any feature of the Services, including booking an appointment through a Salon's Beautiq-powered booking page or by providing a phone number to receive SMS communications. End Users acknowledge that the Services are operated by Beautiq on behalf of the Salon, and that their primary service relationship is with the Salon, not with Beautiq.
2.3 Geographic Scope
The Services are intended exclusively for use by Salons operating in, and End Users residing in, the United States. We do not represent that the Services are appropriate or available for use in other jurisdictions.
3. Description of Services
Beautiq provides Salons with a multi-tenant SaaS platform that includes:
- Online appointment booking and scheduling;
- Customer relationship management;
- Automated SMS appointment confirmations and reminders sent on behalf of the Salon to its End Users who have opted in;
- Dashboards, reporting, and analytics;
- Such other features as Beautiq may add or modify from time to time.
Beautiq acts as a technology service provider to Salons. We do not provide salon, beauty, or personal-care services ourselves and are not responsible for any services rendered (or failure to render services) by any Salon to its End Users.
4. Salon Obligations and Authorizations
This Section applies to Salons. It contains critical authorizations required for the Services to operate, particularly with respect to SMS messaging compliance under United States law.
4.1 Account Information and Accuracy
Salons must provide accurate, complete, and current information at registration and throughout their use of the Services, including (without limitation):
- Legal business name (matching IRS records);
- Employer Identification Number (EIN);
- Business address;
- State of registration and business registration number;
- Business website and contact information;
- A valid privacy policy URL meeting the requirements set forth in Section 5.4;
- An accurate description of the SMS opt-in flow used by the Salon.
Salons are solely responsible for the accuracy of this information. Inaccurate information may result in regulatory rejection of SMS campaign registration and consequent inability to send messages.
4.2 Authorization to Register the Salon as an A2P 10DLC Brand
Salons expressly authorize Beautiq, and Beautiq's third-party messaging providers (including but not limited to Plivo), to:
- (a) Register the Salon as a "Brand" with The Campaign Registry ("TCR") and submit one or more "Campaigns" under the Salon's brand for the purpose of sending Application-to-Person (A2P) 10DLC SMS messages to End Users;
- (b) Submit the Salon's business information, including EIN, legal business name, address, website, sample messages, opt-in flow description, and privacy policy URL, to TCR, mobile carriers, and any other entities required to obtain authorization to send SMS messages on the Salon's behalf in the United States;
- (c) Provision and assign telephone numbers to the Salon's Campaign for the purpose of sending SMS messages, with such numbers remaining the property of Beautiq or its messaging provider unless separately ported to the Salon;
- (d) Receive, on the Salon's behalf, communications from TCR, mobile carriers, and regulators regarding the Salon's registered Brand and Campaigns, and to take ministerial actions in response (such as resubmissions to correct typographical errors), provided that material changes will not be made without notice to the Salon.
This authorization is necessary because U.S. mobile carriers require every business sending A2P SMS to be registered through TCR. Without this authorization, Beautiq cannot provide SMS functionality to the Salon.
4.3 Opt-In and Consent
Salons are responsible for obtaining valid, documented opt-in consent from each End User before any SMS message is sent to that End User from the Salon's account, in accordance with the Telephone Consumer Protection Act ("TCPA"), CTIA Messaging Principles and Best Practices, and other applicable laws and industry standards. Specifically, Salons must:
- (a) Use the Beautiq-provided opt-in flow, or a substantively equivalent flow approved by Beautiq, that presents the End User with clear and conspicuous disclosure of the SMS program;
- (b) Not pre-check or default-enable any SMS consent checkbox;
- (c) Maintain records of opt-in consent (Beautiq stores these records on the Salon's behalf as part of the Services);
- (d) Not send any SMS to an End User who has not opted in, or who has subsequently opted out.
4.4 Content Responsibility
Salons are solely responsible for the content of all SMS messages sent through the Services from their account. Beautiq provides message templates and a sending mechanism but does not author or endorse Salon-specific content beyond the standard appointment notification templates. Salons must not use the Services to send:
- (a) Marketing or promotional messages, unless a separate marketing-use campaign is registered and approved (the standard Beautiq SMS service is registered as a transactional / customer-care use case only);
- (b) Messages containing unlawful, deceptive, harassing, defamatory, obscene, or otherwise prohibited content;
- (c) Messages on behalf of any party other than the Salon itself;
- (d) Messages relating to S.H.A.F.T. content (Sex, Hate, Alcohol, Firearms, Tobacco) where prohibited by carrier policy;
- (e) Messages to End Users who have opted out, or to whom the Salon has not obtained valid opt-in consent.
4.5 Pass-Through of Carrier and Regulatory Liability
If a mobile carrier, TCR, or regulatory authority imposes a fine, penalty, suspension, or other consequence on Beautiq, its messaging provider, or a registered Brand/Campaign as a result of a Salon's act or omission (including but not limited to non-compliant content, missing opt-in records, or false information provided at registration), the Salon is solely responsible for such consequences. The Salon shall indemnify Beautiq for any such fines, penalties, costs, or losses as provided in Section 12.
4.6 Account Security
Salons are responsible for maintaining the confidentiality of their Account credentials and for all activity conducted through their Account. Salons must notify Beautiq promptly of any unauthorized use.
5. End User Terms
This Section applies to End Users — that is, customers of Salons who use Beautiq-powered booking pages or receive SMS from Salons through the Services.
5.1 Nature of the Relationship
End Users acknowledge and agree that:
- (a) Beautiq is a technology provider operating the Services on behalf of the Salon with which the End User is interacting;
- (b) The End User's service relationship — appointments, payments for salon services, refunds, complaints about service quality — is with the Salon, not with Beautiq;
- (c) Beautiq's role is limited to providing the technology platform that enables Salons to communicate with End Users and manage bookings.
5.2 SMS Consent and Recipient
When an End User provides their phone number and opts in to SMS communications through a Salon's Beautiq-powered booking page, the End User is consenting to receive SMS from that specific Salon, sent through the Beautiq messaging infrastructure. The opt-in is salon-specific: opting in to receive SMS from one Salon does not authorize messaging from any other Salon or from Beautiq directly.
5.3 End User Rights
End Users have the right to:
- (a) Opt out of SMS at any time by replying STOP (or UNSUBSCRIBE, CANCEL, END, or QUIT) to any message received. Opt-out is honored on a per-Salon basis;
- (b) Request help by replying HELP to any message received;
- (c) Contact the Salon directly to update or correct their information, or to request deletion of their data, in accordance with applicable law and the Salon's privacy practices.
End Users should refer to the SMS Terms document, available at beautiq.app/sms-terms, for full details of the SMS program.
5.4 Privacy
End User personal information is processed by Beautiq on behalf of the Salon. Both Beautiq and the Salon have separate privacy obligations. End Users are encouraged to review Beautiq's Privacy Policy at beautiq.app/privacy and the Salon's own privacy policy.
6. Acceptable Use
You agree not to, and not to permit any third party to:
- Use the Services for any unlawful purpose or in violation of any applicable law or regulation;
- Send any SMS message in violation of the TCPA, CAN-SPAM Act, CTIA Messaging Principles and Best Practices, or any other applicable communications law;
- Send marketing or promotional SMS messages through the standard Beautiq SMS service, which is registered exclusively as a transactional / customer-care use case;
- Send SMS containing content prohibited by Section 4.4 above;
- Attempt to circumvent opt-out requirements or send messages to End Users who have opted out;
- Reverse-engineer, decompile, or otherwise attempt to extract source code from the Services;
- Use the Services to develop a competing product;
- Interfere with the operation of the Services or attempt unauthorized access to any part of them;
- Use the Services to harvest, scrape, or otherwise collect data about End Users beyond what is necessary for the legitimate operation of the Salon;
- Provide false, inaccurate, or misleading information at registration or at any time;
- Resell, sublicense, or transfer access to the Services to any third party without Beautiq's prior written consent.
Beautiq may, at its sole discretion, suspend or terminate any Account that violates these provisions, and may report violations to TCR, mobile carriers, or law enforcement as appropriate.
7. Trial Period, Fees, and Payment
7.1 Trial Period
Beautiq offers a free Trial Period to new Salons, the duration and scope of which is described on beautiq.app at the time of registration. During the Trial Period, the Salon may evaluate the Services without paying subscription fees. Beautiq reserves the right to modify, suspend, or discontinue Trial Period offerings at any time.
7.2 Subscription Fees
After the Trial Period expires, continued use of the Services requires a paid subscription on one of the plans then available. Subscription fees, billing cycles, and included usage limits are described on beautiq.app at the time of subscription. Fees are charged in advance and are non-refundable except as required by applicable law.
7.3 Usage-Based and Pass-Through Charges
Some elements of the Services involve usage-based charges, including (without limitation) SMS message segment fees and per-tenant TCR brand and campaign registration fees imposed by The Campaign Registry and mobile carriers. These charges may be billed in addition to subscription fees or included within the subscription, as described on beautiq.app. Beautiq passes through actual carrier and TCR fees at cost or with a stated markup; the structure in effect at the time of subscription will apply.
7.4 Payment Method and Auto-Renewal
Subscriptions automatically renew at the end of each billing cycle at the then-current rate unless cancelled prior to renewal. By providing payment information, the Salon authorizes Beautiq to charge the applicable subscription and usage fees to the designated payment method.
7.5 Failed Payments
If a payment fails, Beautiq may suspend access to the Services until payment is current. Continued failure to pay may result in termination of the Account in accordance with Section 11.
7.6 Taxes
Fees are exclusive of applicable taxes. Salons are responsible for all applicable sales, use, or similar taxes arising out of their use of the Services, other than taxes based on Beautiq's net income.
8. Data Ownership and Privacy
8.1 End User Data Ownership
As between Beautiq and the Salon, the Salon owns its End User Data. Beautiq processes End User Data on behalf of the Salon solely to provide the Services.
8.2 Beautiq's Use of Data
Beautiq processes Salon and End User information in accordance with its Privacy Policy, available at beautiq.app/privacy. By using the Services, you acknowledge that you have read and understood the Privacy Policy.
8.3 Aggregated and Anonymized Data
Beautiq may use aggregated and de-identified data derived from the Services for purposes including platform improvement, analytics, and product development, provided that such data cannot reasonably be used to identify any individual Salon or End User.
9. Intellectual Property
The Services, including all software, content, designs, trademarks (including the "Beautiq" name and any associated logos), and other materials, are owned by Beautiq or its licensors and protected by United States and international intellectual property laws. Subject to compliance with these Terms, Beautiq grants Salons a limited, non-exclusive, non-transferable, revocable license to access and use the Services during the term of their subscription.
No rights are granted to use Beautiq's name, trademarks, or trade dress except as expressly permitted in writing.
10. Disclaimers and Limitation of Liability
10.1 Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, whether express, implied, statutory, or otherwise. Beautiq, to the maximum extent permitted by applicable law, disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade.
Beautiq does not warrant that:
- The Services will be uninterrupted, error-free, or secure;
- SMS messages will be delivered to every End User, as delivery depends on third-party carriers and recipient devices;
- Defects or errors will be corrected;
- The Services will meet your specific requirements.
Mobile carriers may delay, filter, or block SMS messages for reasons outside Beautiq's control, and Beautiq is not responsible for such carrier actions.
10.2 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BEAUTIQ BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, including but not limited to loss of profits, loss of revenue, loss of business opportunity, loss of data, loss of goodwill, or business interruption, even if Beautiq has been advised of the possibility of such damages.
BEAUTIQ'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES shall not exceed the greater of: (i) the total amount of fees paid by the Salon to Beautiq in the twelve (12) months preceding the event giving rise to the claim, or (ii) one hundred U.S. dollars (USD $100).
The limitations in this Section apply regardless of the legal theory on which a claim is based (contract, tort, statute, or otherwise) and shall survive termination of these Terms.
10.3 End User Acknowledgment
End Users specifically acknowledge that Beautiq has no liability to End Users for any service provided or not provided by a Salon, including any appointment delays, cancellations, or quality issues. Any End User complaint regarding Salon services must be directed to the Salon.
11. Term and Termination
11.1 Term
These Terms remain in effect for as long as you use the Services. Salon subscriptions continue until cancelled in accordance with the applicable plan terms.
11.2 Termination by You
A Salon may cancel its subscription at any time through the Account settings or by contacting support@beautiq.app. End Users may stop using the Services at any time and may opt out of SMS as described in Section 5.3.
11.3 Termination by Beautiq
Beautiq may suspend or terminate any Account, immediately and without prior notice, if:
- The Salon violates these Terms, the SMS Terms, or any applicable law;
- The Salon engages in activity that creates risk for Beautiq, its messaging providers, mobile carriers, or other users;
- Required by law, court order, or regulatory directive;
- Payment is past due and not cured after notice.
Beautiq may also terminate or modify the Services as a whole upon reasonable notice.
11.4 Effect of Termination
Upon termination:
- The Salon's right to access the Services ceases;
- Outstanding fees become immediately due;
- Beautiq may delete or anonymize Account data after a retention period described in the Privacy Policy;
- Provisions that by their nature should survive termination (including Sections 4.5, 8, 9, 10, 12, 13, 14) survive.
12. Indemnification
Salons agree to defend, indemnify, and hold harmless Beautiq and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or relating to:
- (a) The Salon's breach of these Terms or the SMS Terms;
- (b) The Salon's violation of any applicable law, including the TCPA, CAN-SPAM, state communications laws, or mobile carrier rules;
- (c) Content sent through the Services from the Salon's account;
- (d) The Salon's failure to obtain or maintain valid opt-in consent;
- (e) Inaccurate information provided by the Salon at registration or thereafter;
- (f) Any dispute between the Salon and any of its End Users;
- (g) Fines, penalties, or chargebacks imposed by TCR, mobile carriers, or regulators as a result of the Salon's act or omission.
Beautiq reserves the right to assume the exclusive defense and control of any matter subject to indemnification, in which case the Salon agrees to cooperate with Beautiq's defense.
13. Governing Law and Dispute Resolution
13.1 Governing Law
These Terms are governed by the laws of the State of Florida, United States, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
13.2 Venue
Any dispute arising out of or relating to these Terms that is not subject to arbitration under Section 13.3 shall be brought exclusively in the state or federal courts located in Miami-Dade County, Florida, and the parties consent to the personal jurisdiction of those courts.
13.3 Binding Arbitration; Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS.
Any dispute, claim, or controversy arising out of or relating to these Terms or the Services, except as provided below, shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, with arbitration to take place in Miami-Dade County, Florida, or via remote proceedings at the arbitrator's discretion.
YOU AND BEAUTIQ AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.
This arbitration clause does not apply to: (i) small-claims-court actions brought individually; (ii) actions to enforce intellectual property rights; or (iii) requests for injunctive relief related to a breach of these Terms.
You may opt out of this arbitration provision by sending written notice to legal@beautiq.app within thirty (30) days of first accepting these Terms.
14. Modifications to the Services and to These Terms
14.1 Modifications to the Services
Beautiq may modify, add, or remove features of the Services at any time. Where commercially reasonable, Beautiq will provide notice of material changes.
14.2 Modifications to These Terms
Beautiq may modify these Terms from time to time. Material changes will be communicated by email to the Salon's registered contact and/or by notice within the Services. Continued use of the Services after the effective date of the change constitutes acceptance. If you do not agree to modified Terms, your sole remedy is to discontinue use of the Services and cancel any subscription.
15. Miscellaneous
15.1 Entire Agreement
These Terms, together with the SMS Terms and the Privacy Policy, constitute the entire agreement between you and Beautiq regarding the Services and supersede all prior agreements and understandings.
15.2 Severability
If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
15.3 No Waiver
Failure to enforce any provision is not a waiver of the right to enforce it later.
15.4 Assignment
You may not assign or transfer these Terms without Beautiq's prior written consent. Beautiq may assign these Terms freely, including in connection with a merger, acquisition, or sale of assets.
15.5 Force Majeure
Neither party is liable for failure or delay caused by events beyond reasonable control, including natural disasters, war, terrorism, labor disputes, internet or telecommunications failures, carrier outages, or government actions.
15.6 No Third-Party Beneficiaries
These Terms do not create any third-party beneficiary rights, except as expressly stated.
15.7 Notices
Notices to Beautiq must be sent to: legal@beautiq.app. Notices to a Salon will be sent to the email address associated with the Account.
15.8 Contact
For any questions regarding these Terms, contact Beautiq APP at legal@beautiq.app. General support: support@beautiq.app. Privacy inquiries: privacy@beautiq.app. Website: https://beautiq.app.