THIS AGREEMENT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND BEAUTYRIGHTBACK Corp. BEFORE USING ANY BEAUTYRIGHTBACK SERVICES, PLEASE READ IT CAREFULLY. BY ACCESSING, DOWNLOADING, USING, PURCHASING, AND/OR SUBSCRIBING TO THE BEAUTYRIGHTBACK SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, PLEASE CEASE USING THE BEAUTYRIGHTBACK SERVICES IMMEDIATELY.
SECTION 15 OF THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN YOU AND US ARE RESOLVED. IN PARTICULAR, THE ARBITRATION AGREEMENT IN THAT SECTION WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN YOU AND US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION, UNLESS YOU OPT OUT.
By accessing or using BeautyRightBack's Services, you agree to be bound by this Terms of Use Agreement (the "Terms" or "Agreement"), including our Privacy Policy and Community Guidelines. Therefore, it is important that you read this Agreement and these policies and procedures carefully before you create an account. If you do not agree to this Agreement, you may not access or use the Site or the Services. Please print out a copy of the Agreement for your records.
We may update these Terms from time to time, so check this page regularly for updates. Welcome to BeautyRightBack, operated by BeautyRightBack Inc ("BeautyRightBack Inc"). As used in this Agreement, the terms "BeautyRightBack," "us," "we," the "Company," and "our" shall refer to BeautyRightBack Inc and/or BeautyRightBack Inc Services Limited, as appropriate. Together, you and BeautyRightBack may be referred to as the "Parties" or separately as a "Party."
The BeautyRightBack mobile application (the "App"), or any other platforms or services BeautyRightBack may offer (collectively, the "Service" or our "Services"), are subject to this Agreement. This Agreement applies to anyone who accesses or uses our Services, regardless of registration or subscription status.
Your access and use of our Services are also subject to the Privacy Policy and any terms disclosed and agreed to by you when you purchase additional features, products, or services from BeautyRightBack ("Additional Terms Upon Purchase"), which are incorporated into this Agreement by reference. If you do not wish to be bound by this Agreement, do not access or use our Services. We reserve the right to modify, amend, or change the Terms at any time. Notice of any material change will be posted on this page with an updated effective date. In certain circumstances, we may notify you of a change to the Terms via email or other means; however, you are responsible for regularly checking this page for any changes. Your continued access or use of our Services constitutes your ongoing consent to any changes, and as a result, you will be legally bound by the updated Terms. If you do not accept a change to the Terms, you must stop accessing or using our Services immediately.
Before you create an account on BeautyRightBack, please ensure you are eligible to use our Services. This Section also details what you can and cannot do when using the Services, as well as the rights you grant BeautyRightBack. You are not authorized to create an account or use the Services unless all of the following are true, and by using our Services, you represent and warrant that:
If at any time you cease to meet these requirements, all authorization to access our Services or systems is automatically revoked, and you must immediately delete your account.
You agree to:
You agree NOT to:
Understanding Your Rights and Responsibilities
You are responsible for the content you provide on our marketplace and must adhere to the following rules.
Ownership: All content created by BeautyRightBack, including text, images, and logos, is owned by us. You are granted a limited license to use it as specified in Section 6.
Without limiting the prohibitions and restrictions found elsewhere throughout the Terms, you agree not to:
BeautyRightBack reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Your privacy is important to us. Please review our Privacy Policy to understand how BeautyRightBack and its affiliates collect, use, and share your personal data. By using our Services, you consent to our use of your personal data as outlined in the Privacy Policy.
BeautyRightBack grants you the right to use and enjoy our Services, subject to these Terms. For as long as you comply with these Terms, BeautyRightBack grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use our Services for purposes as intended by BeautyRightBack and permitted by these Terms and applicable laws. This license and any authorization to access the Service are automatically revoked in the event that you fail to comply with these Terms.
You retain ownership of all content you provide to BeautyRightBack ("Your Content"). By creating an account, you grant BeautyRightBack a worldwide, perpetual, transferable, royalty-free, sub-licensable license to host, store, use, copy, display, reproduce, adapt, modify, and distribute Your Content. This license includes any information you authorize us to access from third-party sources. BeautyRightBack's license is non-exclusive, except for exclusive rights to derivative works created through our Services, such as screenshots featuring Your Content.
BeautyRightBack adheres to the Digital Millennium Copyright Act (DMCA) regarding copyright claims. To protect Your Content, you authorize BeautyRightBack to act on your behalf to prevent unauthorized use by third parties. This includes, but is not limited to, sending DMCA Takedown Notices under 17 U.S.C. § 512(c)(3) if Your Content is used outside our Services. If you believe that any Content from others or our Content infringes on your intellectual property rights, please submit a DMCA Takedown Notice. However, BeautyRightBack is not obligated to take action against third-party use of Your Content.
Your Content remains subject to your rights under applicable laws, including data protection laws if Your Content contains personal information. In exchange for using our Services, you agree that BeautyRightBack, its affiliates, and third-party partners may display advertisements on our Services. Any feedback or suggestions you provide may be used by BeautyRightBack without compensation.
You also agree that BeautyRightBack may access, preserve, and disclose your account information, including Your Content, if required by law or to: (i) comply with legal processes; (ii) enforce these Terms; (iii) address claims of content rights violations; (iv) respond to customer service requests; or (v) protect the rights and safety of the Company or others.
You will have the opportunity to purchase products and services from BeautyRightBack. If you purchase a subscription, it will automatically renew—and you will be charged—until you cancel, please refer to 8a) and 8c) for more information on billing and refunds.
BeautyRightBack may offer products and services for purchase through iTunes, Google Play or other external services authorized by BeautyRightBack (each, an "External Service," and any purchases made thereon, an "External Service Purchase"). BeautyRightBack may also offer products and services for purchase via credit card or other payment processors on the Website or inside the App ("Internal Purchases"). If you purchase a subscription, it will automatically renew until you cancel, in accordance with the terms disclosed to you at the time of purchase, as further described below. If you cancel your subscription, you will continue to have access to your subscription benefits until the end of your subscription period, at which point it will expire.
Because our Services may be utilized without a subscription, canceling your subscription does not remove your profile from our Services. If you wish to fully terminate your membership, you must terminate your membership as set forth in Section 9.
BeautyRightBack operates a global business, and our pricing varies by a number of factors. We frequently offer promotional rates - which can vary based on region, length of subscription, bundle size and more. We also regularly test new features and payment options.
Billing
Subscription Cycle. When you sign up and purchase your BeautyRightBack subscription, your first Subscription Cycle will be billed immediately. Unless we expressly communicate otherwise, for example, with annual commitment plans, your subscription will automatically renew each month and you will be billed on the same date each month. We reserve the right to change the timing of our billing (and if we do, we'll make adjustments to the amounts we charge, as appropriate). You will be billed using the payment method listed in your BeautyRightBack account (your "Payment Method"). We may use a third-party payment processor ("Payment Processor") to handle these transactions. Payments will be processed according to the Payment Processor's terms, conditions, and privacy policies, in addition to our Terms. We are not responsible for any errors made by the Payment Processor.
If BeautyRightBack does not receive payment, you will lose access to your membership until you pay any outstanding amounts. You can update your payment details in your account settings.
By purchasing a Subscription, you agree that your Subscription will automatically renew at the end of the initial term for successive periods of the same duration as the initial Subscription term, unless you cancel your Subscription before the end of the current term. Internal purchases, including subscriptions and any additional services, are processed using the Payment Method you provide on the Website or Application. This includes purchases made directly through the Google Play Store and Apple App Store.
Subscription Terms:
BeautyRightBack generally does not offer refunds for subscription plans or licenses. All subscription plans automatically renew at the end of each billing period unless canceled in accordance with our Cancellation Policy. To avoid additional charges, you must cancel your subscription before the end of the current billing period. Upon cancellation, automatic payments will stop, and access to paid services will end at the start of the next billing cycle. You will continue to have access to all membership benefits until the end of the current billing period. BeautyRightBack does not provide refunds for any used or partially used services.
Refunds are not available for any purchases, and all transactions are final, except where required by law. For any requests for refunds, please contact us via email at hello@licensedtoglow.com or follow the instructions provided on our platform.
Subscription Fee: The fee for a BeautyRightBack Subscription is disclosed during the enrollment process or within the BeautyRightBack app (the "Subscription Fee"). The Subscription Fee is non-refundable except as expressly outlined in these Terms or as required by applicable law. Partial refunds are not provided unless permitted at BeautyRightBack's sole discretion.
External Service Purchases: Purchases made through External Services, such as Apple ID or Google Play, will be processed in accordance with the terms disclosed at the time of purchase and the general terms applicable to your External Service Account.
BeautyRightBack occasionally offers free trials or other promotional offers, which are subject to these Terms unless otherwise specified. By providing your payment details when enrolling in a free trial, YOU AUTHORIZE BEAUTYRIGHTBACK TO CHARGE THE SUBSCRIPTION FEE TO YOUR DESIGNATED PAYMENT METHOD AT THE END OF THE TRIAL PERIOD. Eligibility for a free trial or promotion is determined at BeautyRightBack's sole discretion. To avoid being billed, you must cancel at least 48 hours before the trial ends or within the time frame specified in your promotional offer.
As a BeautyRightBack user, all bookings must be made in your account. All changes and cancellations must be made in your account. Any changes or cancellations must be made no later than 24 hours from your appointment. The Company and partner salons reserves the right to cancel any bookings in accordance to salon safety standards and best practices.
A "Late Cancellation" occurs when you cancel an appointment after the specified cancellation period has ended. A "No Show" refers to failing to attend and check in for your scheduled appointment or arriving over 5 minutes after the appointment starts. Both Late Cancellations and No Shows may result in forfeiting your appointment with another Third Party Provider for that day. Additionally, we may impose a fee or apply other penalties, which may include, but are not limited to, restrictions on your Subscription.
You can delete your account at any time by logging into the Website or App, navigating to "Settings," and following the instructions to disable or delete your account. However, it is your responsibility to manage or cancel any External Service Purchases (e.g., through the Apple App Store or Google Play Store) directly through your External Service Account to prevent further billing. BeautyRightBack does not issue refunds for any used or partially used services.
BeautyRightBack reserves the right to investigate, suspend, or terminate your account without issuing a refund if we determine that you have violated these Terms, misused our Services, or engaged in conduct that is deemed inappropriate, fraudulent, or unlawful, whether on or off our platform. We may enforce these Terms through any available means, including personal, technological, or legal measures, without liability or prior notice.
In the event of account termination by you or BeautyRightBack, these Terms will remain in full effect and continue to govern your relationship with BeautyRightBack. No refunds will be issued for purchases made prior to termination. Your data will be handled in accordance with our Privacy Policy, which details the procedures for maintaining and deleting your information.
Eligibility. In order to be eligible to list your services on the Site, each salon represents and warrants that:
All Salon requirements are clearly presented in the Salon Master Service Agreement.
NO CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS
BeautyRightBack does not perform criminal background checks or identity verifications on users. You acknowledge that BeautyRightBack makes no representations regarding the conduct, identity, or intentions of users. BeautyRightBack reserves the right to conduct background checks using public records and to use consumer reports if necessary. You are responsible for your interactions with salons. Always exercise caution and follow sensible safety precautions when communicating with or visiting salons. BeautyRightBack is not liable for the actions of salons or other users.
BEAUTYRIGHTBACK MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, REGARDING OUR SERVICES, INCLUDING ALL CONTENT AND FEATURES. THIS INCLUDES, BUT IS NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, OR NON-INFRINGEMENT. BEAUTYRIGHTBACK DOES NOT GUARANTEE THAT (A) OUR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, (B) ANY DEFECTS OR ERRORS WILL BE DISCOVERED OR CORRECTED, OR (C) THE CONTENT OR INFORMATION YOU OBTAIN THROUGH OUR SERVICES WILL BE ACCURATE OR SUITABLE FOR YOUR PURPOSES.
FURTHERMORE, BEAUTYRIGHTBACK MAKES NO GUARANTEES REGARDING THE NUMBER OF ACTIVE USERS, THEIR WILLINGNESS TO COMMUNICATE OR MEET, OR THE CONDUCT OF USERS YOU MAY ENCOUNTER THROUGH OUR SERVICES. BEAUTYRIGHTBACK ASSUMES NO RESPONSIBILITY FOR CONTENT POSTED, SENT, OR RECEIVED BY YOU, OTHER USERS, OR THIRD PARTIES THROUGH OUR SERVICES.
WE DO NOT ASSUME ANY RESPONSIBILITY FOR THE IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF ANY USERS OR THIRD PARTIES YOU MAY INTERACT WITH. MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH OUR SERVICES IS DONE AT YOUR OWN RISK. BEAUTYRIGHTBACK IS NOT RESPONSIBLE FOR DAMAGE TO YOUR EQUIPMENT OR TECHNOLOGY ARISING FROM ANY SECURITY BREACH, VIRUS, BUGS, TAMPERING, HACKING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY, NETWORK FAILURE, OR OTHER TECHNICAL OR OTHER DISRUPTION.
Like many subscription-based services, our websites may display advertisements. Our Services can include ads and promotions from third parties, as well as links to external websites or resources. BeautyRightBack is not responsible for the availability or content of these external sites or resources. Additionally, BeautyRightBack does not endorse or take responsibility for any products or services offered by third parties. If you choose to interact with these third parties, their terms will govern your relationship with them, and BeautyRightBack will not be liable for their actions or terms.
UNDER NO CIRCUMSTANCES WILL BEAUTYRIGHTBACK RELEASEES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND PRODUCT LIABILITY), OR OTHERWISE, EVEN IF BeautyRightBack HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
BEAUTYRIGHTBACK RELEASEES' LIABILITY TO YOU IS LIMITED TO $50 USD (OR THE LOCAL EQUIVALENT THEREOF) OR THE AMOUNTS, IF ANY, PAID BY YOU TO BEAUTYRIGHTBACK UNDER THIS AGREEMENT IN THE THREE MONTHS IMMEDIATELY PRIOR TO THE EVENT FIRST GIVING RISE TO THE CLAIM, WHICHEVER IS MORE. THE FOREGOING LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
You acknowledge and agree that by clicking on the button labeled "CONFIRM PURCHASE," "DOWNLOAD", "I ACCEPT" or such similar links as may be designated by BeautyRightBack to accept the terms and conditions of these Terms, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act") or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OR SERVICES OFFERED BY BeautyRightBack.
PLEASE READ THE FOLLOWING CAREFULLY:
a) Purpose. This Arbitration Agreement facilitates the prompt and efficient resolution of any disputes that may arise between you and BeautyRightBack Releasees. Arbitration is a form of private dispute resolution in which parties to a contract agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial.
The term "Dispute" means any dispute, claim, or controversy between you and BeautyRightBack Releasees regarding any aspect of your relationship with BeautyRightBack Releasees, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal or equitable theory.
WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.
b) Pre-Arbitration Dispute Resolution. Before initiating any Dispute, whether in court or arbitration, you must first give BeautyRightBack Releasees an opportunity to resolve the Dispute by mailing written notification (hereinafter, a "Pre-Arbitration Demand") to BeautyRightBack Releasees - Pre-Arbitration Demand, Attention: Legal Department, 447 Sutter St, San Francisco, California 94108, USA.
c) Arbitration Procedures. If the Dispute is not resolved as provided above in the Pre-Arbitration Claim Resolution section, either you or BeautyRightBack Releasees may initiate arbitration proceedings. The Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16, including its procedural provisions, and not state law, governs the interpretation and enforcement of this arbitration agreement. JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator.
d) Arbitration Award. The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding.
e) Authority of the Arbitrator. Except as expressly provided herein, the arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and BeautyRightBack Releasees.
f) Location of Arbitration. Arbitration shall take place in New York County, New York, but it may proceed by telephone if you so choose.
g) Payment of Arbitration Fees and Costs. If BeautyRightBack is the party initiating an arbitration against you, BeautyRightBack will pay all costs associated with the arbitration, including the entire filing fee.
h) Settlement Offers and Offers of Judgment. At least ten (10) calendar days before the date set for an arbitration hearing with respect to a Dispute, you or we may serve a written offer of judgement on the other party to allow judgment on specified terms.
i) Class Action Waiver. Any Disputes arising out of or relating to your use of the Site and/or attendance at, participation in or use of Offerings, any purchase you make on or through the Site, any information you provide via the Site, and/or these Terms (including the formation, performance, or alleged breach), shall be submitted individually by you and will not be subject to any class action or representative status.
j) Severability. If any clause within this Arbitration Agreement, other than the Class Action Waiver clause above, is found to be illegal or unenforceable, that clause will be severed from this Arbitration Agreement, and the remainder of this Arbitration Agreement will be given full force and effect.
k) Continuation. This Arbitration Agreement shall survive the termination of your contract with BeautyRightBack and your use of the BeautyRightBack Site, Offerings, and services.
To the fullest extent allowable by law, the laws of Delaware, USA, without regard to its conflict of laws rules, shall govern any Dispute arising out of or relating to this Agreement or our Services. For users residing outside of the United States, this choice of Delaware law shall not override any mandatory consumer protection laws in the jurisdiction where you resided at the time you accepted this Agreement. However, the Dispute Resolution Process outlined in Section 15 will be governed by the Federal Arbitration Act.
To the fullest extent permitted by applicable law, you agree to indemnify and hold BeautyRightBack Releasees, harmless from any claims, actions, suits, costs, expenses, losses, damages, liabilities, including attorneys' fees, arising out of or in connection with your misuse of the Site, Offerings, violation of these Terms, violation of the rights of any other person or entity, issue arising out of you making a reservation for another person or inviting or bringing another person to an Offering, or any breach of your representations, warranties, and covenants set forth in these Terms.
This Agreement supersedes all prior agreements or representations. These Terms, along with the Privacy Policy, and any Additional Terms Upon Purchase, constitute the entire agreement between you and BeautyRightBack regarding your use of our Services. They replace any prior agreements, representations, or arrangements, whether written or oral, between us. If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue to be in full force and effect. The failure of BeautyRightBack to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. Your BeautyRightBack account is non-transferable, and all rights to your account and its content terminate upon your death, unless otherwise required by law.
California Subscribers: You may cancel your subscription in accordance with our refund policy. If you subscribed through an External Service (e.g., Apple ID, Google Play), you must cancel through that External Service, as detailed in Section 8a. For subscriptions made via Apple ID, refunds are processed by Apple, not BeautyRightBack. You can request a refund from Apple through your Apple ID account on your phone or at Apple Support. If you subscribed via Google Play, refunds are handled by Google, not BeautyRightBack.
Special Terms:
Notice Address: For all subscribers, including those in Illinois, New York, North Carolina, and Ohio, notice should be sent to: BeautyRightBack, 447 Sutter St, Ste 405, San Francisco, CA 94108.
Right to Cancel: Subscribers in Delaware, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin may cancel their subscription without penalty or obligation at any time before midnight of the third business day following the date of subscription. If you pass away before the end of your subscription period, your estate is entitled to a refund for the portion of the subscription period after your death. If you become disabled (such that you cannot use our Services) before the end of your subscription period, you may request a refund for the period after your disability by notifying us as described in Section 8.