Backbar Zen
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Terms of Service

Last Updated: January 15, 2025

Agreement Between:

User ("You") and Shell2TheArt LLC dba Backbar Zen ("Backbar Zen," "We," "Us," "Our")

Governing Law: State of Utah, USA

1. Acceptance of Terms

By creating an account, downloading, accessing, or using the Backbar Zen application and services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms") and our Privacy Policy.

If you do not agree to these Terms, you must not use our Service. These Terms constitute a legally binding agreement between you and Shell2TheArt LLC dba Backbar Zen.

2. The Service

Backbar Zen provides a comprehensive salon management software-as-a-service (SaaS) platform designed for salon professionals, including but not limited to:

  • Client management and profile systems
  • Smart inventory tracking and management
  • Appointment scheduling and booking
  • AI-powered product recognition and styling assistance
  • Payment processing integrations
  • Business analytics and reporting

Service Modifications: We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We will make reasonable efforts to notify users of material changes that affect core functionality.

3. Fees, Subscription, and Payments

Subscription Model

The Service is provided on a recurring subscription basis (monthly or annually) as selected during your account setup.

Payment Processing

  • Subscription Payments: All subscription payments are processed through Apple iOS in-app purchases. By subscribing, you agree to Apple's terms and conditions and authorize Apple to charge your selected payment method.
  • Stripe Connect Integration: We provide optional integration with Stripe Connect to enable you to process payments from your clients. This is entirely optional and under your control. When you connect Stripe, you maintain your own Stripe account and are subject to Stripe's terms of service.
  • Payment Authorization: By providing payment information to Apple for your subscription, you authorize recurring charges according to your selected billing cycle.

Third-Party Fees and Responsibilities

Important: You are solely responsible for any fees charged by third parties, including:

  • Apple's fees for in-app purchase processing
  • Stripe's transaction fees for payments you collect from your clients (if you use Stripe Connect)
  • Any banking or payment method fees from your financial institutions

Backbar Zen does not currently charge additional fees on transactions you process through integrated payment systems, but we reserve the right to implement such fees with 30 days' advance notice.

Cancellation and Refunds

  • You may cancel your subscription at any time through your Apple account settings or by contacting Apple support.
  • Cancellation will take effect at the end of your current billing period.
  • No refunds will be provided for partial subscription periods, except as required by applicable law or Apple's refund policies.
  • Upon cancellation, you will retain access to the Service until the end of your paid period.

4. User Accounts

Account Security Responsibilities:

  • You are responsible for maintaining the confidentiality of your account credentials managed by Supabase authentication
  • You must immediately notify us of any unauthorized access or security breaches
  • You are responsible for all activities that occur under your account
  • You must provide accurate and complete information during registration

You agree to:

  • Use strong, unique passwords and enable two-factor authentication when available
  • Keep your account information current and accurate
  • Not share your account credentials with unauthorized persons
  • Use the Service only for lawful business purposes

5. User Content and Responsibilities

Your Content Ownership

You retain all ownership rights to the content you upload, create, or input into the Service, including your client data, appointment notes, photos, and other materials ("User Content").

License to Us

You grant us a limited, non-exclusive, non-transferable license to use, display, store, and process your User Content solely for the purpose of operating and providing the Service to you. This license terminates when you delete the content or close your account.

CRITICAL: Responsibility for Client Data

As a salon professional using our Service, you have significant legal responsibilities:

  • Client Consent: You represent and warrant that you have obtained all necessary rights, releases, and permissions from your clients to store and manage their personal information within Backbar Zen.
  • Legal Compliance: You agree to comply with all applicable data protection laws, including but not limited to:
    • HIPAA (if applicable to your services)
    • CCPA (California Consumer Privacy Act)
    • PIPEDA (Personal Information Protection and Electronic Documents Act - Canada)
    • State and local privacy regulations
  • Client Rights: You must provide appropriate privacy notices to your clients and honor their rights regarding their personal data.
  • Data Security: You must take reasonable measures to protect client data and report any suspected breaches immediately.

Indemnification

You agree to indemnify and hold harmless Backbar Zen, its officers, directors, employees, and agents against any claim, loss, damage, or expense arising from:

  • Your failure to obtain proper client consent
  • Your violation of applicable privacy laws
  • Your misuse of client data
  • Any breach of these Terms by you

6. AI Features

Product Recognition AI

By using the inventory and product recognition features, you grant us the right to use product images and related data on an anonymized basis to train and improve our product recognition AI. This data is stripped of all personal and salon-specific identifiers before use.

AI Stylist Assistant

Important Disclaimer:

  • The AI Stylist feature provides suggestions based on the data you input and general styling principles
  • These are recommendations only and do not constitute professional advice
  • You remain solely responsible for all professional decisions and client services
  • Backbar Zen is not liable for any decisions, outcomes, or results based on AI suggestions

AI Data Usage

AI preference data is stored locally on your device, encrypted at rest, and is not transmitted to our servers or used for training purposes. You maintain full control over this data.

7. Acceptable Use

You agree not to misuse the Service. Prohibited activities include, but are not limited to:

  • Uploading illegal, harmful, or inappropriate content
  • Violating the privacy rights of your clients or others
  • Attempting to breach our security measures or access unauthorized data
  • Using the Service for any unlawful purpose
  • Interfering with or disrupting the Service or servers
  • Attempting to reverse engineer or copy our software
  • Using automated systems to access the Service without permission
  • Sharing your account credentials with unauthorized parties

8. Intellectual Property

The Service, including its user interface, design, functionality, features, and all underlying technology, software, and intellectual property, are the exclusive property of Shell2TheArt LLC dba Backbar Zen and are protected by copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license to use the Service for your business purposes in accordance with these Terms. This license does not grant you any rights to:

  • Copy, modify, or create derivative works of the Service
  • Reverse engineer or attempt to extract source code
  • Remove or alter any proprietary notices
  • Use our trademarks or branding without permission

9. Termination

Termination by You

You may terminate your account at any time by canceling your subscription through Apple or by contacting our support team. Upon termination, you will retain access until the end of your current billing period.

Termination by Us

We may terminate or suspend your account immediately, without prior notice, if you:

  • Violate these Terms of Service
  • Engage in prohibited activities
  • Fail to pay subscription fees
  • Pose a security risk to the Service or other users

Effect of Termination

Upon termination:

  • Your access to the Service will cease immediately
  • You may export your data within 30 days of termination
  • We will delete your account data according to our data retention policy
  • All licenses granted to you will terminate

10. Disclaimers and Limitation of Liability

Service Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND.

We do not make any warranties regarding the Service's reliability, availability, accuracy, or fitness for a particular purpose. We do not guarantee that the Service will be uninterrupted, error-free, or completely secure.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • Our total liability to you for any cause whatsoever will be limited to the amount you paid to us in the three (3) months prior to the event giving rise to the claim
  • We shall not be liable for any indirect, incidental, special, consequential, or punitive damages
  • We are not responsible for any loss of data, business interruption, or lost profits
  • These limitations apply regardless of the legal theory of liability

11. Governing Law and Dispute Resolution

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Utah, United States, without regard to its conflict of law provisions.

Jurisdiction

Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Utah, and you hereby consent to personal jurisdiction and venue therein.

Dispute Resolution

Before filing any legal action, you agree to first contact us at [email protected] to attempt to resolve the dispute informally.

12. General Provisions

Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes by:

  • Posting updated Terms on our website
  • Sending email notifications to registered users
  • Providing in-app notifications

Continued use of the Service after changes constitutes acceptance of the new Terms.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Backbar Zen regarding the Service.

13. Contact Information

Questions about these Terms of Service?

Email: [email protected]

Legal Entity: Shell2TheArt LLC dba Backbar Zen

Governing Law: State of Utah, USA