Terms and Conditions

CHAIRY, INC. TERMS OF SERVICE

TERMS

Acceptance of Terms. These Terms of Service (“Terms”) govern your access to and use of the Chairy website and mobile application (collectively, the “Services”) operated by Chairy, Inc. (herein, “Chairy,” “we,” “us,” or “our”). By accessing, downloading, or using the Services, or by clicking “I Accept,” you agree to be legally bound by these Terms and our Privacy Policy. If you do not agree, you may not use the Services.

Nature of the Platform. Chairy is a technology marketplace that connects independent salon and barbershop owners (“Hosts”) with independent licensed professionals (“Professionals”) seeking temporary workspace. Chairy does not own, operate, manage, or control any salon or barbershop, nor does it provide any cosmetology or professional services. Chairy is not a party to any agreement between Users and does not act as an employer, agent, broker, or partner of any User. All bookings, rentals, and interactions occur solely between Users.

User Accounts. To access certain features, you must create an account and provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. Chairy reserves the right to suspend or terminate accounts for inaccurate information, misuse, or violation of these Terms.

User Representations and Compliance. You represent and warrant that you will comply with all applicable laws, rules, and regulations in connection with your use of the Services. Further:

Professionals represent that they hold all required licenses and certifications in each jurisdiction in which they operate and will maintain such licenses in good standing at all times. Professionals further agree to maintain appropriate professional liability and general liability insurance.

Hosts represent that their premises comply with all applicable laws and safety requirements and that they maintain appropriate premises liability insurance.

Chairy does not independently verify licensing, insurance or compliance including compliance with all applicable state and local licensing requirements and disclaims any responsibility to do so.

Independent Contractor Relationship. All Users are independent businesses. Nothing in these Terms creates any employment, partnership, joint venture, or agency relationship between Chairy and any User, or between Users. Chairy does not control or direct Users’ services, pricing, scheduling, or business operations.

Prohibited Services. Users may not use the platform to provide medical or regulated healthcare services, including but not limited to injectables, Botox, or other medical spa services. Chairy expressly disclaims any responsibility for such activities.

Payments, Fees, and Disputes. Chairy facilitates payments through third-party payment processors, including Stripe. Chairy does not itself process, hold, or transmit funds and is not a bank, financial institution, or money transmitter.

All payment processing services are provided by third-party providers and are subject to their respective terms, policies, and agreements.

Chairy does not control, guarantee, or assume responsibility for any payment transactions, including the timing, accuracy, or completion of payments.

All financial transactions are solely between Users, and Chairy is not a party to any transaction. Chairy shall not be liable for any payment disputes, failed transactions, chargebacks, delays, or errors caused by third-party payment processors.

Cancellations and Refunds. Cancellation and refund policies are established by Chairy and may be updated from time to time. Chairy reserves the right to make final, non-binding determinations regarding platform-level disputes but is not obligated to do so.

User Conduct and Safety. Users agree to conduct themselves in a lawful, professional, and respectful manner. Prohibited conduct includes harassment, assault, discrimination, fraud, unsafe practices, or any unlawful activity. Chairy reserves the right to immediately suspend or terminate any User who violates these standards or poses a risk to others.

Disclaimer of Warranties. The Services are provided on an “as is” and “as available” basis, without warranties of any kind, whether express or implied. To the maximum extent permitted by law, Chairy disclaims all warranties, including but not limited to merchantability, fitness for a particular purpose, non-infringement, and accuracy. Chairy does not guarantee that the Services will be uninterrupted, secure, error-free, or available at all times.

Assumption of Risk and Liability Disclaimer. This includes, without limitation, any damages arising from:

interactions between Users;
services performed by Professionals;
conditions of any premises used in connection with the Services; or
any conduct, acts, or omissions of any User.

In no event shall the Chairy Parties be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to:

loss of profits;
loss of revenue;
loss of data;
business interruption; or
loss of goodwill,

even if Chairy has been advised of the possibility of such damages.

To the maximum extent permitted by law, Chairy disclaims all liability arising from personal injury, bodily harm, property damage, professional malpractice, negligence, regulatory violations, or any other harm occurring in connection with use of the Services, including risks arising from tools, equipment, chemicals, premises conditions, or interactions between Users.

Cap on Liability. To the maximum extent permitted by law, Chairy’s total aggregate liability arising out of or relating to these Terms or the Services shall not exceed the greater of one hundred dollars ($100); or the total amount paid by you to Chairy, if any, in the six (6) months preceding the event giving rise to the claim.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such cases, Chairy’s liability shall be limited to the maximum extent permitted by applicable law.

Indemnification. You agree to indemnify, defend, and hold harmless Chairy, Inc., and its affiliates, officers, directors, employees, agents, contractors, licensors, and service providers (collectively, the “Chairy Parties”) from and against any and all claims, demands, actions, proceedings, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees and costs) arising out of or relating to:

your access to or use of the Services.
your interactions, agreements, or transactions with any other User.
your violation of these Terms or any applicable law, rule, or regulation.
your breach of any representation or warranty made under these Terms.
Any services you provide any services you provide (if you are a Professional), including but not limited to claims involving personal injury, bodily harm, property damage, professional malpractice, negligence, regulatory violations, or risks arising from tools, equipment, chemicals, or interactions with clients or other Users

your operation, ownership, or condition of any premises (if you are a Host), including but not limited to claims involving unsafe conditions, personal injury, property damage, or hazards arising from the physical environment
any content, data, or materials you submit, post, or transmit through the Services.

Chairy reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate fully with Chairy in asserting any available defenses. You may not settle any such claim without Chairy’s prior written consent if such settlement imposes any obligation or liability on any Chairy Party. This indemnification obligation shall survive the termination or expiration of these Terms.

Trust and Safety Enforcement. Chairy reserves the right, in its sole discretion and without notice, to remove listings, suspend or terminate accounts, restrict access, or freeze funds. Chairy is not obligated to provide an explanation for such actions. Users have no right to continued access to the Services. Chairy may suspend, restrict, or terminate access at any time, with or without cause, and shall not be liable for any resulting loss of business, revenue, or opportunity.
Intellectual Property. All rights, title, and interest in and to the Services, including the website, mobile application, underlying software, algorithms, databases, marketplace data, design, layout, features, functionality, trademarks, service marks, logos, and all related content (collectively, the “Chairy IP”), are and shall remain the exclusive property of Chairy, Inc. and its licensors. Except for the limited rights expressly granted under these Terms, no rights are transferred to you by implication, estoppel, or otherwise. Subject to your compliance with these Terms, Chairy grants you a limited, non-exclusive, non-transferable, revocable, and non-sublicensable license to access and use the Services solely for their intended purpose. You agree that you will not, and will not permit any third party to:

copy, reproduce, distribute, modify, or create derivative works of the Services or Chairy IP.
reverse engineer, decompile, or attempt to extract source code.
use the Services or Chairy IP for any competitive or commercial purpose not expressly permitted; or
remove, alter, or obscure any proprietary notices.
User Content. You retain ownership of any content, information, or materials that you submit, post, or upload to the Services (“User Content”). However, by submitting User Content, you grant Chairy a worldwide, non-exclusive, royalty-free, fully paid, transferable, and sublicensable license to use, reproduce, display, distribute, modify, and otherwise exploit such User Content in connection with operating, improving, promoting, and marketing the Services. You represent and warrant that you have all rights necessary to grant this license and that your User Content does not violate any law or third-party rights.

Marketplace Data & Platform Rights. You acknowledge and agree that Chairy owns all data generated through the operation of the Services, including aggregated data, usage data, analytics, and marketplace activity data (collectively, “Platform Data”). Chairy may use such data for any lawful purpose, including improving the Services, analytics, and business operations, provided that such use does not identify you personally except as permitted by the Privacy Policy. Chairy does not conduct background checks, identity verification, or screening of any Users and makes no representations regarding the safety, reliability, or qualifications of any User.

No Endorsement. Listings, profiles, and participation on the platform do not constitute endorsement, approval, or recommendation by Chairy.

Off-Platform Interaction. Chairy shall not be responsible for any interactions, agreements, or transactions between Users that occur outside of the platform, even if such interactions originated through the Services.

Feedback. If you provide any suggestions, ideas, or feedback regarding the Services (“Feedback”), you hereby assign to Chairy all rights, title, and interest in such Feedback. Chairy may use such Feedback for any purpose without compensation or obligation to you.

Class Action Waiver. To the fullest extent permitted by applicable law, you and Chairy agree that any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Services shall be brought solely in your individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, or private attorney general proceeding. You expressly waive any right to: Participate in a class action, collective action, or representative action; Act as a class representative; or Join or consolidate claims with those of any other person or entity. Unless both you and Chairy expressly agree in writing, no arbitrator, mediator, or court shall have authority to: consolidate claims of multiple parties; or preside over any form of class, collective, or representative proceeding. If any portion of this Class Action Waiver is found to be invalid or unenforceable, then that portion shall be severed, and the remaining provisions shall remain in full force and effect. However, if this waiver is found unenforceable in its entirety, then any dispute shall proceed in a court of competent jurisdiction and not in arbitration.

Dispute Resolution

Good Faith Negotiation. In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the Services, the parties agree to first attempt to resolve the dispute through informal, good faith negotiations. Either party may initiate this process by providing written notice to the other party describing the nature of the dispute. The parties agree to engage in good faith efforts to resolve the dispute for a period of at least thirty (30) days from the date of such notice.

Mediation. If the dispute is not resolved through good faith negotiation within the thirty (30) day period, the parties agree to submit the dispute to non-binding mediation administered by a mutually agreed-upon mediator. The mediation shall take place in Orange County, California, unless otherwise agreed by the parties. The parties shall share mediation costs equally, unless otherwise agreed.

Binding Arbitration. If the dispute is not resolved through mediation, the dispute shall be resolved by final and binding arbitration administered by a neutral arbitration provider (such as the American Arbitration Association or JAMS). The arbitration shall take place in Orange County, California, be conducted by a single arbitrator in accordance with applicable arbitration rules. The arbitrator shall have exclusive authority to resolve any dispute, including issues relating to the interpretation, applicability, or enforceability of this provision. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

Exceptions. Notwithstanding the foregoing, either party may seek: Injunctive or equitable relief; or Relief in small claims court where appropriate.

GENERAL PROVISIONS

Governing Law. These Terms are governed by the laws of the State of California, without regard to conflict of law principles.

Modification. Chairy reserves the right, in its sole discretion, to modify, amend, or update these Terms at any time. Any changes will be effective immediately upon posting the updated Terms on the Services, unless a later effective date is expressly stated. Chairy may, but is not obligated to, provide notice of material changes by email, through the Services, or by other reasonable means. It is your responsibility to review these Terms periodically for updates. Your continued access to or use of the Services after any modifications become effective constitutes your acknowledgment and acceptance of the revised Terms. If you do not agree to the updated Terms, you must immediately discontinue use of the Services. For material changes that significantly affect your rights or obligations, Chairy may require you to affirmatively accept the updated Terms before continuing to use certain features of the Services.

Entire Agreement. These Terms, together with the Privacy Policy and any additional terms, policies, or agreements expressly incorporated by reference (including any applicable booking, payment, or service-specific terms), constitute the entire and exclusive agreement between you and Chairy regarding your access to and use of the Services. These Terms supersede and replace all prior or contemporaneous agreements, communications, representations, or understandings, whether oral or written, relating to the subject matter hereof. You acknowledge and agree that you have not relied on any statement, representation, warranty, or agreement of Chairy or any third party except as expressly set forth in these Terms. To the extent of any conflict between these Terms and any additional terms or policies incorporated by reference, these Terms shall control unless expressly stated otherwise.

Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permissible under applicable law, and the remaining provisions shall remain in full force and effect. To the extent permitted by law, any invalid, illegal, or unenforceable provision shall be deemed modified or limited so as to render it valid and enforceable while preserving, to the greatest extent possible, the original intent of the parties. If such provision cannot be so modified or limited, it shall be severed from these Terms without affecting the validity or enforceability of the remaining provisions. Notwithstanding the foregoing, if the arbitration or class action waiver provisions are found to be unenforceable, then such provisions shall be severed, and any disputes shall be resolved in a court of competent jurisdiction.

Headings. The headings, titles, and section captions used in these Terms are provided solely for convenience and reference purposes and shall not be deemed to affect, limit, expand, or otherwise influence the interpretation or construction of any provision of these Terms. All provisions of these Terms shall be interpreted according to their plain meaning and not based on the headings or organizational structure in which they appear.

Assignment. You may not assign, transfer, delegate, or otherwise convey any of your rights or obligations under these Terms, whether by operation of law or otherwise, without the prior written consent of Chairy, which may be granted or withheld in Chairy’s sole discretion. Any attempted assignment in violation of this provision shall be null and void Chairy may assign, transfer, or delegate these Terms, in whole or in part, without restriction and without notice, including, without limitation, in connection with a merger, acquisition, reorganization, sale of assets, financing transaction, or by operation of law These Terms shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

Survival. Provisions that by their nature should survive termination, including but not limited to indemnification, limitation of liability, arbitration, intellectual property, and dispute resolution, shall survive any termination or expiration of these Terms.

No Waiver. The failure of Chairy to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Force Majeure. Chairy shall not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, internet outages, labor disputes, governmental actions, or failures of third-party service providers.

Third-Party Beneficiaries. These Terms are for the sole benefit of the parties and do not create any third-party beneficiary rights.

Interpretation/Construction. These Terms shall not be construed against either party as the drafter. Headings are for convenience only and do not affect interpretation.

Notice. Chairy may provide notices via email, through the Services, or by other reasonable means. You are responsible for maintaining accurate contact information.

Contact Us. Chairy welcomes your questions or comments regarding the Terms.

support@chairyapp.com