Barbare, Inc.

Terms of Service

Effective Date: February 25, 2022

1. Introduction.

1.1. Scope. These Terms of Service (“Terms of Service”) govern the use of the internet-based and mobile services made available by Barbare, Inc. (“Barbare,” “we,” or “us”) through our app and any other platform we may make available to you from time to time (“Service”), which enables end users (“End User” or “you”) to connect to, pay for, and receive personal styling services (each instance, a “Styling Service”) from service providers (each, a “Stylist”), subject to any applicable terms and conditions for each such Styling Service.  Your continued use of the Service any Styling Services constitutes your acceptance of these Terms of Service.  If you do not agree with these Terms of Service at any time, you agree to immediately cease use of the Service.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY.  THIS IS A LEGAL AGREEMENT BETWEEN BARBARE AND YOU, WHICH GOVERNS YOUR USE OF THE SERVICE.  YOUR USE OF THE SERVICE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO ALL OF THE TERMS AND CONDITIONS IN THESE TERMS OF SERVICE AND YOUR REPRESENTATION THAT YOU ARE AN INDIVIDUAL WHO CAN FORM LEGALLY BINDING CONTRACTS UNDER APPLICABLE LAW.  WITHOUT LIMITING THE FOREGOING, THE SERVICE IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 18.  BY BECOMING A USER, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO AND ABIDE BY THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE.  IF YOU OBJECT TO ANYTHING IN THESE TERMS OF SERVICE, YOU SHALL IMMEDIATELY CEASE ALL USE OF THE SERVICE.

1.2. Updates. We reserve the right to modify these Terms of Service prospectively at any time.  We will post any changes to these Terms of Service on our website, and will indicate the date the Terms of Service were last revised.  Your continued use of the Service after any such change constitutes your acceptance of the updated Terms of Service.

1.3. NOTICE OF BINDING ARBITRATION AND CLASS ACTION WAIVER. TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE OR CLAIM RELATED TO THESE TERMS OF SERVICE, OR ARISING OUT OF YOUR ACCESS TO OR USE OF THE SERVICE, MUST BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS AND MAY NOT BE ARBITRATED OR OTHERWISE PURSUED AS A CLASS ACTION. PLEASE SEE SECTION 9 BELOW.

2. The Service.

2.1. In General. Barbare solely provides a platform for Stylists and End Users to connect and serves only as a medium to facilitate the provision of Styling Services.  Barbare does not provide or contract for Styling Services, and Stylists and End Users contract independently for the provision of Styling Services.  Each End User is solely responsible for selecting the Styling Services to be provided and the location at which Styling Services will be performed.  Any decision by an End User to receive Styling Services or by a Stylist to provide Styling Services is a decision made in such person’s sole discretion.

2.2. Styling Services. Barbare does not have control over the quality, suitability, reliability, timing, durability, legality, failure to provide, or any other aspect whatsoever of any Styling Services provided by Stylists nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Stylists or End Users (each, a “User”).  Barbare makes no representations or warranties whatsoever with respect to Styling Services offered or provided by Stylists or requested by End Users through use of the Services, whether in public, private, or offline interactions.  Barbare does not assume any responsibility for the accuracy or reliability of any User information provided on or through the Service.

2.3. Service and Styling Service Availability. Creation of a reservation using the Services is not a guarantee that the Stylist will honor the reservation as scheduled.  Barbare does not guarantee availability of the Services or any Styling Service to any User.

2.4. Fees for the Service. You are responsible for any third‑party fees that you may incur when using the Service, including any fees assessed pursuant to any Styling Service and any Internet connection fees.  We reserve the right in the future to provide updated products, services and offerings via our Service to you (“New Barbare Offerings”) which may or may not be provided free of charge.  You will be informed of any changes or updates to the Service, including with respect to any New Barbare Offerings, where Barbare charges you for your use of the Service in advance of your incurrence of any such charges.

2.5. Taxes. You are also responsible for any sales taxes, use taxes, or other taxes applicable to your use of the Service or any Styling Services that you order.

2.6. Registration. You must register a user account (“Account”) with us in order to use the Service.  When you register, you will be asked to disclose certain personal data , including your name, email address, credit card number, residential address (or the address where you wish to receive Styling Services), and phone number (collectively, “Personal Data”).  As described more fully in our privacy policy, we will use your Personal Data solely for purposes of delivering to you the Service and any Styling Services you elect to receive.

2.7. Background Checks. If you are a Stylist, Barbare or a third party authorized by Barbare may collect information on you including but not limited to a criminal background check, professional license information, known aliases, and prior addresses.

2.8. Updates to Services. From time to time, we may contact you about New Barbare Offerings.  These communications concerning such New Barbare Offerings may be conducted through email, text messages, or within our Services platform, consistent with our Privacy Policy, which may be accessed here.

2.9. Responsibility for Your Account. You agree to provide us with true, accurate and complete Personal Data as requested in the registration process and to set up your Account on the Service platform, and to update such data promptly from time to time as necessary to keep it current and accurate.  You are solely responsible for any authorized or unauthorized access to or use of your Account by any person, and for all fees and charges incurred for the Service and any Styling Services by your Account.  You agree to notify us promptly (at support@barbare.app) regarding any unauthorized access to or use of your Account.  You further agree that you will remain liable for any fees and charges incurred by your Account for any Styling Services.  Your Account is personal to you only and you may not assign or otherwise transfer your Account to any other person or entity.

2.10. Prohibited Use of the Service. Stylists and End Users shall not: (a) collect, maintain or distribute another person’s personal data, (b) engage in obscene, hateful, abusive, harassing or objectionable behavior, including sexual misconduct, (c) harm another individual, or (d) for a period of 6 months following the most recent booking of a Styling Service via the Service attempt to directly contact a Stylist or End User for the purposes of discussing, arranging, or providing Styling Services outside the Service without first notifying Barbare in writing.

2.11. Eligibility. The Service is only available to individuals above the age of the 18.  Styling Services are available to individuals above the age of 18 and individuals under the age of 18 who are accompanied by a parent or guardian.  The Service is not available to any user whose access we have terminated for any reason.

2.12. Stylists; Styling Services.

2.12.1. Your Requirements and Conduct Required to use the Service and to Receive Styling Services. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive any Styling Services from any Stylists unless they are accompanied at all times during the appointment by you as a parent or guardian.  You agree to comply with all applicable laws when accessing or using the Service and Styling Services, and you may only access or use the Service and Styling Services for lawful purposes.  You may not in your access or use of the Service or any Styling Services to cause nuisance, annoyance, inconvenience, or property damage, whether to the Stylist or any other party.  If you fail to comply with these Terms of Service (including any applicable policies and supplemental terms), you may be denied access to or use of the Service or any Styling Service.  In certain instances you may be asked to provide proof of identity or other method of identity verification to access or use the Service or Styling Services, and you agree that you may be denied access to or use of the Service or Styling Services if you refuse to provide proof of identity or other method of identity verification.

2.12.2. Text Messaging and Telephone Calls. You agree that we and any Stylists from whom you request Styling Services may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with your Account.  You further agree that we may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with your Account for marketing purposes.  You acknowledge that you are not required to provide this consent as a condition of purchasing any Services or Styling Services.  You also acknowledge that you may opt out of receiving text messages from us at any time, either by texting the word “STOP” to 415-212-8350 using the mobile device that is receiving the messages, or by contacting support@barbare.app.  If you do not choose to opt out, we may contact you as outlined in our Privacy Policy, located here.

2.12.3. Fees for Styling Services. You understand that use of any Styling Services will necessarily result in charges to you for the Styling Services that you receive (“Charges”).  Barbare will receive and/or enable your payment of the applicable Charges for any Styling Services ordered through the Service.  Charges will be inclusive of applicable taxes where required by law.  Charges may include other applicable fees or surcharges, as assessed by the respective Stylist for such Styling Services that you order.  All Charges and payments will be enabled by us using the preferred payment method designated in your Account.  If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that we may use a secondary payment method in your Account, if available.  Charges paid by you are final and non-refundable, unless otherwise determined by us.

2.12.4. Charges Collected by Barbare; Gratuities. Charges you incur will be owed and paid directly to Barbare or its affiliates, where we are solely liable for any obligations to Stylists.  You understand and agree that, while you are free to provide additional payment as a gratuity to any Stylist who provides you with Styling Services obtained through the Service, you are under no obligation to do so.  Gratuities are voluntary.

3. Intellectual Property.

3.1. Ownership. The Service and all content related thereto, including without limitation, all text, software, graphics, photos, sounds, interactive features and any trademarks, service marks and logos contained in the Service (collectively, “Materials”) are owned by Barbare or licensed to us, subject to copyright, trademark and other intellectual property rights under United States and foreign laws and international conventions.  Subject to the foregoing, you own any and all content and materials that you upload to the Service from time to time (“User-Uploaded Content”) and herby grant Barbare a nonexclusive, worldwide, fully-paid up, royalty-free license to display, improve or otherwise use any User-Uploaded Content to provide, render or otherwise facilitate the delivering of the Service and any Styling Services to you.  Barbare is not responsible for and hereby disclaims any and all liability for any lost data or corrupted data concerning or relating to any User-Uploaded Content or the Service.  For the avoidance of doubt, Materials do not contain any User-Uploaded Content.

3.2. Restrictions on Use of Materials. No Materials from the Service may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without the prior written consent of Barbare.  You agree not to circumvent, disable, or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any Materials or content.  Modification of any Materials or unauthorized use of any Materials is a violation of our copyrights and proprietary rights, or of other entities or persons where so indicated, unless we or the owner has provided such Materials for such express purpose in writing and in advance of any such use.  All design rights, databases and compilation and other intellectual property rights associated with the Service, in each case whether registered or unregistered, and related goodwill, are proprietary to Barbare.

3.3. License Grant. Subject to the terms and conditions of these Terms of Service, Barbare grants you a non-exclusive, revocable, limited license to access and use the Service solely for the purposes set forth in these Terms of Service, solely for your personal non-commercial use.  This license will terminate upon any termination of the Terms of Service or upon any suspension, termination or cancellation of your access to the Service.

3.4. Additional Restrictions. You agree not to do any of the following: (a) reverse engineer, decompile, disassemble, translate, modify, alter or otherwise change the Service, or any part thereof; (b) attempt to derive the source code or structure of the Service, or any part thereof; (c) remove from the Service, or alter, any of Barbare’s or any of our licensors’ trademarks, trade names, logos, patent or copyright notices, or other notices or markings; or (d) distribute, sublicense or otherwise transfer access to the Service to others.

3.5. Feedback. You are under no obligation to provide Barbare with any feedback, corrections or suggestions regarding the Service.  In the event that you provide any Feedback to Barbare regarding the Service, including any improvements, corrections or modifications thereto (collectively, “Feedback”), you hereby grant to Barbare a world-wide, fully-paid-up and royalty-free, perpetual, irrevocable, non-terminable, non-exclusive right to integrate and use and otherwise exploit all such Feedback in Barbare’s products and services, including the Service, without restriction.

4. Third-Party Websites; Third-Party Content.

4.1. Third-Party Websites and Content Not Monitored. The Service may contain or deliver links to other websites (each, a “Third-Party Site”) and/or applications, software, text, graphics, pictures, designs, music, sound, video, articles, photographs, information or other content belonging to or originating from third parties (“Third-Party Content”).  Such Third-Party Sites and Third-Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Barbare, and we are not responsible for any Third-Party Sites accessed through the Service or any Third-Party Content uploaded to, or otherwise available through, the Service.

4.2. Third-Party Terms. If you decide to leave the Service and access a Third-Party Site or to use or install any Third-Party Content, you do so at your own risk and you should be aware that these Terms of Service and our other policies no longer govern.  You should review the terms and policies, including privacy and data gathering practices, applicable to any Third-Party Site or Third-Party Content to which you navigate or relating to any applications you use or install from the Service.

5. Privacy.

All Personal Data that you provide to us through the Service will be held and used in accordance with our Privacy Policy, which may be accessed here.

6. Disclaimers.

6.1. Service Interruptions and Unavailability. The Service may be temporarily unavailable from time to time for maintenance or other reasons.  Barbare assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications.  Barbare is not responsible for any technical malfunction or other problems of any telephone network or service, computer system, server or provider, computer or mobile phone equipment, or software, including injury or damage to your or to any other person’s computer, mobile device, or other hardware or software, related to or resulting from using the Service.  Under no circumstance will Barbare be responsible for any loss or damage resulting from your use of the Service, or from any content or Third-Party Content made available through the Service.

6.2. Modifications and Discontinuance of the Service. Barbare reserves the right to modify or discontinue the Service, in whole or in part, at any time without notice.

6.3. Service Provided “As-Is.” YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.  YOU ARE FULLY AND SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS AND YOU AGREE THAT IT IS SOLELY YOUR RESPONSIBILITY TO TAKE REASONABLE PRECAUTIONS IN ALL ACTIONS AND INTERACTIONS WITH OTHER STYLISTS AND END USERS AND IN THE PROVISION OR RECEIPT OF STYLING SERVICES.  BARBARE IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES.  WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR DISPUTES BETWEEN YOU AND OTHER USERS.  PLEASE CAREFULLY SELECT THE TYPE OF INFORMATION THAT YOU POST ON THE SERVICES OR THROUGH THE SERVICES OR RELEASE TO OTHERS.  BARBARE DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF ANY USER OR OTHER PARTIES.  YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW).  BARBARE DOES NOT REPRESENT OR WARRANT THAT THE SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  To the extent that applicable law does not allow limitations of implied warranties, some or all of the limitations or exclusions in this Section 6 may not apply to you.

7. Limitations on Liability.

IN NO EVENT WILL BARBARE OR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, PARTNERS OR AGENTS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR OTHER SPECIAL OR INDIRECT DAMAGES (INCLUDING FOR ANY LOST BUSINESS PROFITS) OR FOR PUNITIVE OR EXEMPLARY DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, ARISING FROM YOUR USE OF THE SERVICE, EVEN IF BARBARE IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8. Termination.

We may terminate your access to the Service for any reason, or no reason, at any time in our sole discretion, with or without notice.

9. Governing Law.

Any claim, dispute or cause of action arising from these Terms of Service or any use of the Service or Styling Services (“Dispute”) shall be governed and construed in accordance with the laws of the State of California, without reference to any conflicts of law provisions therein.

10. Dispute Resolution; Class Action Waiver.

10.1. YOUR AGREEMENT TO ARBITRATE YOUR CLAIMS. YOU SHOULD CAREFULLY REVIEW THIS SECTION 10.  TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS EXCEPT FOR MATTERS THAT YOU FILE IN SMALL CLAIMS COURT IN THE STATE OR MUNICIPALITY OF YOUR RESIDENCE WITHIN THE JURISDICTIONAL LIMITS OF THE SMALL CLAIMS COURT AND AS LONG AS SUCH MATTER IS ONLY PENDING IN THAT COURT.  YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY.  YOU ARE ENTITLED TO A FAIR HEARING BUT THE ARBITRATION PROCEDURES MAY BE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. AN ARBITRATOR’S DECISION IS AS ENFORCEABLE AS ANY COURT ORDER AND IS SUBJECT TO VERY LIMITED REVIEW BY A COURT. YOU EXPRESSLY AGREE TO THIS SECTION 10 AS A CONDITION OF ACCESSING OR USING THE SERVICE.

10.2. Informal Dispute Procedures. For any Dispute you have with Barbare or concerning these Terms of Service, you agree to first contact us at support@barbare.app and to attempt to resolve such Dispute informally.

10.3. Arbitration. In the unlikely event that we are unable to resolve any Dispute you bring to our attention after sixty (60) days, and for any other Dispute we raise, you and Barbare agree that, except where prohibited by law, all Disputes shall be resolved individually and exclusively by final and binding arbitration administered by JAMS, and conducted before a single arbitrator, all pursuant to the JAMS Comprehensive Arbitration Rules and Procedures that are in effect at the time arbitration is initiated (the “JAMS Rules”).  For more information data on JAMS, the JAMS Rules, or the process for filing an arbitration claim, you may call JAMS at (800) 352-5267 or visit the JAMS website at jamsadr.com.

No Class Actions or Class-Wide Relief. You and Barbare agree to the following with respect to the arbitration of any Dispute hereunder: (a) ANY CLAIM MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (b) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING AND MAY NOT AWARD CLASS-WIDE RELIEF; (c) the arbitration will be held at a location in your hometown area unless you and we both agree to another location or telephonic arbitration; (d) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (e) we reserve the right, in our sole discretion, to assume responsibility for any or all of the costs of the arbitration; (f) the arbitrator will honor claims of privilege and privacy recognized at law; (g) the arbitration will be confidential, and neither you nor we may disclose the existence, content, or results of any arbitration, except as may be required by applicable law or for purposes of enforcement of the arbitration award; (h) the arbitrator may award any individual relief or individual remedies that are expressly permitted by applicable law; and (i) each party will pay its own attorneys’ fees and expenses, unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses and the arbitrator awards such attorneys’ fees and expenses to the prevailing party, and, in such instance, the fees and costs awarded will be determined by the applicable law. ANY RIGHT TO A TRIAL BY JURY, WHETHER ON AN INDIVIDUAL OR A CLASS BASIS, IS HEREBY WAIVED.

10.5. Survival. This Section 10 will survive termination of these Terms of Service or your right to access or use the Service.  With the exception of the subpart prohibiting arbitration on a class or collective basis, if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the JAMS Rules, then the balance of this provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting part was not contained herein.  If for any reason a claim proceeds in court rather than in arbitration, the Dispute will be exclusively brought in federal court if it has jurisdiction or, if it does not, in a state court located in the federal judicial district of your residence.

11. Indemnity.

You agree to indemnify and hold harmless Barbare, and its directors, officers, agents, contractors, partners and employees, from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any of your conduct in connection with the Service, Styling Services, or any violation of these Terms of Service or of any law or rights of any third party.

12. Miscellaneous.

These Terms of Service constitute the entire agreement between you and Barbare regarding your use of the Service, superseding any prior agreements between you and Barbare relating to your use of the Service.  The failure of Barbare to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision in that or any other instance.  If any provision of these Terms of Service is held invalid, the remainder of these Terms of Service shall continue in full force and effect.  If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.

13. Questions.

If you have any questions regarding the Service or these Terms of Service, please contact us by sending an email to support@barbare.app.