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Terms of Service

Effective Date: April 1, 2025

1. Acceptance of Terms

Welcome to OVIAH. By accessing or using the OVIAH platform (the “Platform”), including our website at www.oviah.com, mobile application, or any associated services, you (“User,” “Provider,” or “Client”) agree to be bound by these Terms of Service (“Terms”) and our Privacy Policy.

These Terms constitute a legally binding agreement between you and OVIAH LLC, a Michigan limited liability company. If you do not agree to these Terms, you may not access or use the Platform.

2. Description of the Platform

OVIAH is a business management platform designed for independent beauty professionals (“Providers”) that enables them to:

  • Accept online appointment bookings from clients
  • Manage client relationships and appointment history
  • Build and publish a professional website
  • Process payments through their connected Stripe or Square account
  • Store and showcase portfolio images

Clients (“Clients”) are end users who book appointments or interact with Provider services through the Platform. OVIAH acts as a technology platform provider and is not a party to any service transaction between Providers and their Clients.

3. Account Registration and Eligibility

3.1 Eligibility

You must be at least 18 years of age to use the Platform. By creating an account, you represent that you meet this requirement and have full legal authority to enter into these Terms.

3.2 Provider Accounts

Beauty professionals registering as Providers must provide accurate business and contact information. Providers are solely responsible for maintaining the confidentiality of their account credentials and for all activity that occurs under their account.

3.3 Client Accounts

Clients may register an account to book appointments, manage bookings, and communicate with Providers. Client account information must be truthful and up to date.

3.4 Account Security

You agree to notify OVIAH immediately at legal@oviah.com if you suspect unauthorized access to your account.

4. Platform Use and Acceptable Conduct

4.1 Permitted Use

You may use the Platform only for lawful purposes and in accordance with these Terms. Providers may use the Platform to manage and grow their independent beauty business. Clients may use the Platform to discover and book beauty services.

4.2 Prohibited Conduct

You agree not to:

  • Use the Platform for any unlawful, fraudulent, or harmful purpose
  • Impersonate any person or entity or misrepresent your affiliation
  • Upload or transmit viruses, malware, or any harmful code
  • Scrape, crawl, or otherwise extract data from the Platform without written authorization
  • Interfere with or disrupt the integrity or performance of the Platform
  • Post or share content that is defamatory, harassing, obscene, or infringes on third-party rights
  • Solicit Clients outside the Platform in order to circumvent Platform fees or obligations

5. Payments and Billing

5.1 Provider Payment Processing

Providers connect their own Stripe or Square account to the Platform via Stripe Connect OAuth or a similar authorization flow. OVIAH does not collect, hold, or process Client payment funds on behalf of Providers. All payment transactions are governed by the terms of the Provider’s payment processor (Stripe, Inc. or Square, Inc.), not OVIAH.

5.2 Platform Subscription Fees

Providers pay OVIAH a subscription fee for access to Platform features. Subscription fees are billed on the cycle disclosed at signup. OVIAH reserves the right to change subscription pricing with 30 days’ written notice to the Provider.

5.3 Refunds on Subscription Fees

Subscription fees paid to OVIAH are non-refundable unless otherwise required by applicable law or expressly stated in a promotional offer.

5.4 Provider Cancellation and Refund Policies

Each Provider sets and enforces their own appointment cancellation and refund policies. OVIAH is not responsible for disputes arising from a Provider’s cancellation or refund decisions. Clients should review each Provider’s individual policies before booking.

6. Content Ownership and Licenses

6.1 Your Content

You retain ownership of any content you upload to the Platform, including portfolio images, business information, and client data (“Your Content”). By uploading content, you grant OVIAH a limited, non-exclusive, royalty-free, worldwide license to store, display, and use Your Content solely to operate and improve the Platform.

6.2 OVIAH Intellectual Property

All intellectual property rights in the Platform, including its design, software, trademarks, and branding, are owned by OVIAH LLC. Nothing in these Terms transfers any IP rights to you.

6.3 Prohibited Content

You may not upload content that is unlawful, infringes on third-party intellectual property, is sexually explicit, or violates any applicable regulation.

7. Third-Party Services and Integrations

The Platform integrates with third-party services including Stripe, Square, and others. Your use of these services is governed by their respective terms of service and privacy policies. OVIAH is not liable for the acts or omissions of any third-party service provider.

8. Disclaimers

The Platform 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, or non-infringement. OVIAH LLC does not warrant that the Platform will be uninterrupted, error-free, or free of harmful components.

OVIAH is a technology platform and does not endorse, supervise, or verify the quality of services provided by beauty professionals using the Platform. Clients engage Providers at their own risk.

9. Limitation of Liability

To the maximum extent permitted by applicable law, OVIAH LLC and its officers, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Platform, including loss of profits, data, or goodwill.

In no event shall OVIAH LLC’s total liability to you exceed the greater of (a) the amount you paid to OVIAH in the 12 months preceding the claim or (b) one hundred dollars ($100.00).

10. Indemnification

You agree to indemnify, defend, and hold harmless OVIAH LLC, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Platform; (b) Your Content; (c) your violation of these Terms; or (d) your violation of any third-party rights.

11. Term and Termination

11.1 Term

These Terms remain in effect for the duration of your use of the Platform.

11.2 Termination by You

You may terminate your account at any time by contacting us or using the account deletion feature in your settings.

11.3 Termination by OVIAH

OVIAH reserves the right to suspend or terminate your account at any time, with or without notice, for violation of these Terms or conduct determined to be harmful to the Platform or other users.

11.4 Effect of Termination

Upon termination, your right to access the Platform ceases. Sections 6, 8, 9, 10, and 13 survive termination.

12. Dispute Resolution and Governing Law

12.1 Governing Law

These Terms are governed by the laws of the State of Michigan, without regard to its conflict of law provisions.

12.2 Informal Resolution

Before initiating any formal legal action, you agree to first contact OVIAH at legal@oviah.com and attempt to resolve the dispute informally for at least 30 days.

12.3 Arbitration

Any dispute not resolved informally shall be resolved by binding arbitration under the American Arbitration Association’s Consumer Arbitration Rules. Arbitration shall take place in Michigan. You waive any right to participate in a class action lawsuit or class-wide arbitration.

13. Modifications to Terms

OVIAH reserves the right to modify these Terms at any time. We will notify you of material changes via email or a prominent notice on the Platform at least 14 days before the changes take effect. Your continued use of the Platform after such notice constitutes acceptance of the updated Terms.

14. Contact Information

For questions about these Terms, contact us at:

OVIAH LLC
Email: legal@oviah.com
Website: www.oviah.com