Effective Date: August 1, 2026
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. By downloading, installing, or using the Vina360 mobile application or website (collectively, the "Platform"), you acknowledge that you have read, understand and agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Platform.
These Terms constitute a legally binding agreement between Vina360, Inc. ("Vina360," "we," "us," or "our") and each person or entity accessing or using the Platform.
For purposes of these Terms:
"User" or "Users" means any individual or entity that accesses, browses, visits, creates an account on, or otherwise uses the Platform, including Customer and Partner defined below. Where a Partner is an entity, the entity is the User and contracting party for purposes of the Platform and these Terms. Any individual who accesses or uses the Platform on the entity's behalf is its authorized representative and must have authority to bind the entity. Solely for purposes of privacy rights and obligations under applicable privacy laws, each such authorized representative is also a User with respect to the representative's own Personal Information and the privacy rights and obligations applicable to that Personal Information.
"Customer" or "Customers" means a User or Users that requests, books, purchases, or receives beauty or personal care services through the Platform.
"Partner" or "Partners" means a User or Users that has been approved by Vina360 to offer beauty or personal care services through the Platform as an independent business or independent contractor.
"You" or "Your" means the applicable User, Customer, or Partner, depending on the context in which the term is used. Where a provision applies only to Customers or only to Partners, these Terms expressly identify the applicable party. Where a Partner is an entity, references to You or Your concerning contractual or Platform rights and obligations apply to the entity; references to You or Your concerning an individual's Personal Information or privacy rights apply to that individual, including an authorized representative acting for the entity, consistent with the definition of User above and Section 7 (Data Collection and Privacy).
These Terms comply with the Apple App Store Review Guidelines and Google Play Developer Program Policies. To the extent any conflict exists between these Terms and applicable app store policies, the applicable app store policies shall control solely with respect to the use of the mobile application downloaded from that app store.
By creating an account or otherwise using the Platform, each User represents and warrants that the User is:
Vina360 is an on-demand beauty services marketplace that connects Customers seeking nail, beauty, and related personal care services with licensed and independent beauty service providers, salons, and professionals. Vina360 provides a technology platform that enables Customers and Partners to locate one another, communicate, submit and receive service requests, coordinate appointments, process payments, and otherwise facilitate transactions between Customers and Partners.
Partners are independent businesses and independent contractors and are not employees, agents, joint venturers, franchisees, or representatives of Vina360. Partners determine the manner, means, methods, pricing, scheduling, equipment, personnel, and performance of the services they offer.
Vina360 does not supervise, direct, or control the services performed by Partners except as reasonably necessary to operate, maintain, secure, and improve the Platform and enforce these Terms.
The following Platform features are available to the applicable Users identified below:
Features Applicable to Customers
Features Applicable to Partners
Features Applicable to Both Customers and Partners
To access certain features of the Platform, a User must create an account. Users may create an account using a valid email address or phone number. During registration, each User must provide the User's name, address, email address, and telephone number. Where a Partner is an entity, an authorized representative must create or access the account on the entity's behalf and provide the entity information and individual representative information reasonably requested by Vina360. Additional authentication methods, including Sign in with Google, may be made available in the future.
Each User agrees to provide accurate, complete, and current information during registration and to promptly update account information if it changes. Each User is responsible for maintaining the accuracy of the User's account information at all times.
Vina360 may offer optional multi-factor authentication ("MFA") to help enhance the security of User accounts. Where enabled, MFA may include verification through one-time SMS passcodes delivered using Twilio or another authorized service provider. Unless otherwise specified by Vina360, use of MFA is optional and not required to access the Platform.
Vina360 reserves the right to require additional authentication measures for certain User accounts, transactions, or security-related events.
Each User is solely responsible for maintaining the confidentiality of the User's account credentials and for all activity that occurs under the User's account. Each User agrees to notify us immediately at support@vina360.com if you suspect unauthorized access to your account. Where a Partner is an entity, the entity is responsible for access to and activity under its account by its authorized representatives. Vina360 is not liable for any losses arising from your failure to safeguard your credentials.
Customers and Partners may delete their respective accounts directly through the Platform. Following deletion, Vina360 will delete or de-identify personal information associated with the account, within a reasonable period, except where a longer retention period is required or permitted by law or reasonably necessary to comply with legal obligations, resolve disputes, prevent fraud, maintain financial records, protect the security and integrity of the Platform, or enforce these Terms, as further described in the Privacy Policy.
Customers may request and book beauty services through the Platform. Upon confirmation of a booking by a Partner, a service agreement is formed directly between the Customer and the applicable Partner.
Vina360 is not a party to, and assumes no responsibility for, the service contract between the Customer and the Partner. Vina360's role is limited to providing the Platform and facilitating communications, bookings, and payment processing.
Customers may cancel a scheduled appointment up to thirty (30) minutes before the scheduled appointment time without penalty. Cancellations made within thirty (30) minutes of the scheduled appointment time are subject to a cancellation fee equal to twenty-five percent (25%) of the total booking amount, and the Customer will receive a refund of the remaining seventy-five percent (75%) of the amount paid.
Refunds, when applicable, will be processed through the original payment method in accordance with our payment processor's policies. Vina360 reserves the right to modify its cancellation policy from time to time upon providing notice to Customers and Partners.
Customers may submit ratings and written reviews of Partners following the completion of a booked service. Ratings and reviews are intended to reflect a Customer's genuine experience and help maintain the integrity of the Platform.
By submitting a rating or review, the Customer represents that it is truthful, accurate, based on personal experience, and does not contain false, misleading, defamatory, abusive, harassing, or otherwise unlawful content. By submitting a review, the Customer grants Vina360 a non-exclusive, worldwide, royalty-free, perpetual, sublicensable license to use, reproduce, display, publish, and distribute your review in connection with operating, promoting, and improving the Platform.
Vina360 does not endorse or guarantee the accuracy of any user-generated ratings or reviews. We reserve the right, but assume no obligation, to monitor, review, edit, refuse to publish, or remove any rating or review that, in our sole discretion, violates these Terms, applicable law, or the integrity of the Platform.
Customers may upload content through the Platform, including profile photographs, custom design or reference images submitted in connection with service requests, and images submitted as part of Customer support inquiries ("Customer Content").
Each Customer represents and warrants that said Customer owns or has all necessary rights, licenses, and permissions to submit any Customer Content and that such content does not infringe upon or violate the intellectual property, privacy, publicity, or other rights of any third party, or violate any applicable law.
By submitting Customer Content, the Customer grants Vina360 a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable license to use, reproduce, host, store, transmit, modify (solely as necessary for formatting or technical compatibility), display, and distribute such Customer Content for the purpose of operating, maintaining, improving, and providing the Platform and requested services. Vina360 will not use Customer Content depicting an identifiable person in external advertising or promotional materials without the applicable person's separate permission.
Customer remains the owner of the Customer Content. Vina360 does not claim ownership of the Customer Content except for the limited license granted under these Terms.
Vina360 reserves the right, but has no obligation, to review, remove, or refuse any Customer Content that violates these Terms, infringes the rights of others, is unlawful, or may otherwise adversely affect the operation or integrity of the Platform. Vina360 may establish reasonable requirements regarding the format, size, and types of files that may be uploaded through the Platform.
Individuals and businesses wishing to offer services through the Platform as a Partner must complete Vina360's application and verification process before offering services through the Platform. As part of this process, Partners must submit accurate and complete information, which may include:
Vina360 verifies submitted business licenses, professional licenses, and government-issued identification as part of its approval process. Partners are responsible for ensuring that all submitted information remains accurate and current and that all required licenses remain valid throughout their use of the Platform.
Submission of an application does not guarantee approval. Vina360 reserves the right to approve, deny, suspend, or revoke any Partner account at its sole discretion, including if required documentation cannot be verified or no longer remains valid.
Vina360 operates as a competitive bidding marketplace. When a Customer submits a service request, eligible Partners may submit bids for the requested service.
Partners determine the pricing reflected in their submitted bids. Vina360 does not establish mandatory minimum or maximum pricing for Partner bids unless otherwise required to maintain the integrity, security, or operation of the Platform.
Partners are responsible for maintaining their availability and responding promptly to service requests made available through the Platform.
Customers and Partners may communicate through the Platform regarding appointments, scheduling, delays, service-related questions, and other matters directly related to a booking.
All communications conducted through the Platform must be lawful, respectful, and related to the requested services. Neither Customers nor Partners may use the Platform's messaging features to engage in harassment, transmit unlawful or prohibited content, or circumvent the Platform by soliciting or arranging off-platform transactions for services initially introduced through Vina360.
Payments for services booked through the Platform are processed using Stripe. Partners must establish and maintain a valid Stripe Connect account in order to receive payments.
Subject to applicable fees, refunds, payment processor requirements, and these Terms, payments are distributed directly through Stripe Connect after a Customer's payment has been successfully processed. Vina360 does not hold Customer funds prior to payout.
Vina360 reserves the right to modify its payment procedures or payment processing requirements upon reasonable notice to Partners.
Partners are independent contractors and are not employees, agents, joint venturers, franchisees, or representatives of Vina360. Partners control the manner, means, methods, pricing, scheduling, equipment, personnel, and performance of services. Partners are solely responsible for maintaining all required licenses, permits, insurance, tax obligations, and compliance with applicable laws.
Nothing in these Terms creates an employment, agency, partnership, or joint venture relationship.
Each Partner represents and warrants that it maintains all licenses, permits, certifications, and insurance required by applicable law and will comply with all applicable cosmetology, sanitation, health, safety, and consumer protection laws.
All payments for services booked through the Platform are processed by Vina360's third party payment processor, Stripe.
By providing payment information, each Customer authorizes Vina360 and its third-party payment processor, Stripe, to charge the Customer's selected payment method for the applicable booking amounts, taxes, cancellation fees, and gratuities, if applicable, and any other charges authorized by the Customer or otherwise associated with your use of the Platform.
Vina360 does not collect or store Customers' payment card information. Payment information is collected, processed, and stored directly by Stripe in accordance with Stripe's terms of service and privacy policy. All payment transactions are subject to the terms, conditions, and policies of the applicable payment processor.
Customers are responsible for ensuring that their payment information remains accurate and current and that they are authorized to use the payment method submitted through the Platform.
Vina360 may decline, suspend, or cancel a transaction if the Customer's payment cannot be authorized or processed, if fraud or unauthorized activity is suspected, or if the transaction otherwise violates these Terms or applicable law.
Partners are responsible for establishing and maintaining an active Stripe Connect account to receive payments for services performed through the Platform.
Each Partner authorizes Vina360 and Stripe to process and distribute amounts payable to the Partner in accordance with these Terms, Stripe's applicable terms and policies, and any payment instructions submitted through the Platform.
Vina360 does not hold Customer funds following payment. Subject to Stripe's payment processing procedures and any applicable refunds, chargebacks, payment reversals, offsets, withholding requirements, disputes, or legal requirements, payments are distributed to Partners through Stripe Connect after a Customer's payment has been successfully processed.
Partners acknowledge that the timing and availability of payouts may be affected by Stripe's processing schedules, verification requirements, reserves, holds, fraud reviews, banking delays, and other matters outside Vina360's control.
Each Partner is solely responsible for providing accurate payout information and for complying with Stripe's account, identity-verification, and payment-processing requirements. Vina360 is not responsible for delays or losses resulting from inaccurate information supplied by a Partner, a Partner's failure to maintain an active Stripe Connect account, or actions taken by Stripe in accordance with its terms and policies.
(Applicable to Customers and Partners as specified below)
Customers may be eligible for refunds in accordance with Vina360's cancellation policy and other applicable Platform policies. When a refund is approved, it will generally be issued to the original payment method used for the transaction, subject to the policies and processing times of Stripe and the Customer's financial institution.
Customers acknowledge that the timing of any refund is controlled in part by Stripe and the Customer's financial institution and that Vina360 cannot guarantee when refunded funds will appear in the Customer's account.
Nothing in this Section limits Vina360's ability to issue full or partial refunds, deny a refund request, provide Platform credits where permitted, or take other corrective action consistent with these Terms or applicable law.
Partners acknowledge that approved refunds, chargebacks, payment disputes, reversals, or other adjustments may reduce amounts otherwise payable to a Partner or may be deducted from future Partner payouts, to the extent permitted by applicable law and Stripe's applicable policies.
Vina360 does not currently offer subscription plans or recurring membership services for Customers or Partners. This Section is reserved for future use.
Vina360 does not currently offer any loyalty, points, rewards, referrals, or incentive programs. This Section is reserved for future use.
Customers and Partners are each responsible for determining and satisfying the tax obligations applicable to their use of the Platform or transactions conducted through the Platform, except where Vina360 is required by applicable law to collect, withhold, or remit taxes to a governmental authority.
Customers are responsible for any sales, use, transactions, or similar taxes imposed on services purchased through the Platform, except to the extent such taxes are collected and remitted by Vina360 or Stripe as required by applicable law.
Partners are solely responsible for reporting and paying all federal, state, and local income, self-employment, payroll, business, sales, use, and other taxes arising from amounts earned or services performed through the Platform, except to the extent Vina360 or Stripe is legally required to report, withhold, collect, or remit such amounts.
Nothing in these Terms creates an employment relationship or requires Vina360 to withhold payroll taxes, provide employee benefits, or make employment-related contributions on behalf of any Partner.
Each User's use of the Platform is subject to Vina360's Privacy Policy, which is incorporated into these Terms by reference. By accessing or using the Platform, each User acknowledges that Vina360 may collect, use, disclose, retain, and protect personal information as described in the Privacy Policy.
Where a Partner is an entity, the entity remains the User and contracting party under these Terms. Information that relates solely to the legal entity and cannot reasonably be linked to an individual or household, such as the entity Partner's business name, business address, or business license number, is business information rather than Personal Information, unless it also identifies, relates to, or is reasonably linkable to an individual or household. Information about an authorized representative who accesses or uses the Platform on the entity's behalf, including government-issued identification, identity-verification information, account credentials, or other individual verification information, may constitute Personal Information. The privacy rights and obligations described in the Privacy Policy apply to each individual with respect to that individual's own Personal Information.
To provide the Platform, Vina360 collects and processes information necessary to create User accounts, facilitate bookings, verify Partner eligibility, process payments and payouts, provide customer support, maintain Platform security, prevent fraud, and improve our services. Depending on the User's role and use of the Platform, this may include account information, booking information, communications, device and usage information, and information submitted by Partners during the verification process.
Vina360 may also request access to certain device features, such as location services, the camera, photo library, and push notifications, where necessary to provide Platform functionality. You may grant, deny, or withdraw these permissions through Your device settings, although disabling certain permissions may limit the availability or operation of certain Platform features.
Our Privacy Policy contains additional information regarding the categories of Personal Information we collect, how we use and disclose that information, User's privacy rights and choices, our data retention practices, and the third-party service providers that assist in operating the Platform.
As described in the Privacy Policy, Vina360 does not currently sell Personal Information or share Personal Information for cross-context behavioral advertising. Accordingly, Vina360 does not currently engage in the sale or sharing of Personal Information for which California residents may exercise an opt-out right. If Vina360's practices change, Vina360 will update its Privacy Policy and provide any notices or opt-out mechanisms required by applicable law.
California residents also have the right not to receive discriminatory treatment for exercising applicable privacy rights. Vina360 will not deny goods or services, charge different prices or rates, or provide a different level or quality of goods or services because a User exercises privacy rights, except as otherwise permitted by applicable law.
The Privacy Policy governs Vina360's use, disclosure, retention and protection of Personal Information. To the extent this Section conflicts with the Privacy Policy concerning the collection, use, disclosure, retention, or protection of personal information, the Privacy Policy will control.
Vina360 relies on third-party service providers to support the operation, security, maintenance, and improvement of the Platform. These providers may perform services including payment processing, Partner payout distribution, cloud hosting, authentication, identity verification, messaging, email delivery, analytics, customer support, fraud prevention, and other operational functions.
By using the Platform, each User acknowledges that certain information may be processed by these service providers as necessary to provide the Platform and related services. The particular third-party services used in connection with a User may depend on whether that User accesses the Platform as a Customer or Partner and on the features used by that User. Additional information regarding our third-party service providers and how Personal Information may be shared is available in our Privacy Policy.
Third-party services may be subject to separate terms, privacy policies, and eligibility requirements imposed by the applicable third-party provider. Each User is responsible for reviewing and complying with any third-party terms that apply directly to the User's use of such services.
Vina360 may add, remove, or replace third-party service providers from time to time without prior notice, provided that such changes do not materially affect your rights under these Terms.
Vina360 retains personal information only for as long as reasonably necessary to provide the Platform, comply with applicable legal obligations, resolve disputes, prevent fraud, protect the security and integrity of the Platform, and enforce these Terms.
Retention periods may vary depending on the nature of the information, whether the information relates to a Customer or Partner account, the purposes for which it was collected, applicable legal requirements, pending transactions or disputes, and Vina360's legitimate operational needs. Additional information regarding our data retention practices is available in our Privacy Policy.
Vina360 implements commercially reasonable administrative, technical, and organizational safeguards designed to protect personal information against unauthorized access, loss, misuse, alteration, disclosure, or destruction. These safeguards include measures appropriate to the nature of the information we collect and process, including encryption of personal information in transit and at rest where appropriate, access controls, and other security practices intended to protect the confidentiality, integrity, and availability of Personal Information.
Each User is also responsible for taking reasonable steps to protect the User's account and information, including maintaining the confidentiality of account credentials, using secure devices and networks, enabling available security features, and promptly notifying Vina360 of suspected unauthorized account activity.
Although Vina360 strives to protect Personal Information using commercially reasonable security measures, no method of transmitting information over the Internet or storing electronic information is completely secure. Accordingly, Vina360 cannot guarantee absolute security. If Vina360 becomes aware of a security incident involving Personal Information, Vina360 will investigate the matter and provide any notices required by applicable law.
Nothing in this Section limits any rights or obligations that cannot lawfully be waived or restricted under applicable privacy, data-security, or breach-notification laws.
Each User agrees not to use the Platform to:
Customers shall not knowingly submit fraudulent booking requests, abusive reviews, or false service complaints.
Partners shall not misrepresent their qualifications, licensure, certifications, pricing, availability, insurance, identity, business information, or services offered through the Platform.
Vina360 reserves the right to investigate suspected violations of this Section and may suspend, restrict, or terminate a User's access to the Platform for any violation of this Section or any other provision of these Terms.
The Platform and all content, features, functionality, software, source code, object code, text, graphics, images, photographs, logos, trademarks, service marks, trade dress, audio, video, databases, compilations, interfaces, designs, and other materials made available through the Platform (collectively, the "Platform Content") are owned by or licensed to Vina360 and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
Subject to these Terms, Vina360 grants each User a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform solely for its intended purpose and in accordance with these Terms.
Except as expressly permitted by these Terms, no User may reproduce; distribute; modify; adapt; translate; create derivative works from; publicly display; publicly perform; reverse engineer; decompile; disassemble; license; sell; lease; commercially exploit; or otherwise use any portion of the Platform or Platform Content without Vina360's prior written consent or as otherwise permitted by applicable law.
Nothing contained in these Terms transfers ownership of any intellectual property rights from Vina360 to any User, Customer, or Partner. All rights not expressly granted are reserved by Vina360 and its licensors.
The trademarks, logos, trade names, service marks, and branding displayed on the Platform are the property of Vina360 or their respective owners. No license or right to use such marks is granted except with the prior written consent of the applicable owner.
VINA360 IS AN ONLINE TECHNOLOGY PLATFORM THAT FACILITATES CONNECTIONS BETWEEN CUSTOMERS AND INDEPENDENT PARTNERS. VINA360 DOES NOT EMPLOY PARTNERS AND IS NOT RESPONSIBLE FOR THE QUALITY, SAFETY, LEGALITY, SUITABILITY, TIMELINESS, AVAILABILITY OR OUTCOME OF SERVICES PROVIDED BY PARTNERS. ANY CONTRACT FOR SERVICES IS FORMED SOLELY BETWEEN THE CUSTOMER AND THE APPLICABLE PARTNER.
CUSTOMERS ACKNOWLEDGE THAT BEAUTY, COSMETIC, NAIL, SKIN CARE, HAIR, WAXING, LASH, BROW, AND OTHER PERSONAL CARE SERVICES MAY INVOLVE RISKS, INCLUDING ALLERGIC REACTIONS, SKIN IRRITATION, BURNS, CUTS, INFECTIONS, DISSATISFACTION WITH COSMETIC RESULTS, AND OTHER KNOWN OR UNKNOWN RISKS ASSOCIATED WITH RECEIVING SUCH SERVICES. CUSTOMERS VOLUNTARILY ASSUME THE RISKS ASSOCIATED WITH SERVICES PERFORMED BY PARTNERS AND ARE RESPONSIBLE FOR PROVIDING THE PARTNER WITH RELEVANT INFORMATION CONCERNING ALLERGIES, SENSITIVITIES, MEDICAL CONDITIONS, OR OTHER CIRCUMSTANCES THAT MAY AFFECT THE SAFE PERFORMANCE OF THE REQUESTED SERVICES.
CUSTOMERS ACKNOWLEDGE THAT VINA360 CANNOT AND DOES NOT GUARANTEE THE QUALITY, SAFETY, SUITABILITY, LICENSURE, PROFESSIONAL COMPETENCE, OR RESULTS OF ANY SERVICES PROVIDED BY A PARTNER.
EACH CUSTOMER IS RESPONSIBLE FOR DETERMINING WHETHER A PARTICULAR PARTNER OR SERVICE IS APPROPRIATE FOR THE CUSTOMER'S INDIVIDUAL NEEDS AND CIRCUMSTANCES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH CUSTOMER RELEASES AND DISCHARGES VINA360 AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND AGENTS FROM CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, AND EXPENSES ARISING OUT OF OR RELATING TO:
THIS RELEASE DOES NOT APPLY TO CLAIMS TO THE EXTENT ARISING DIRECTLY FROM VINA360'S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, FRAUD, OR LIABILITY THAT CANNOT LAWFULLY BE WAIVED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTNER RELEASES AND DISCHARGES VINA360 AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND AGENTS FROM CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, AND EXPENSES ARISING OUT OF OR RELATING TO:
THIS RELEASE DOES NOT APPLY TO CLAIMS TO THE EXTENT ARISING DIRECTLY FROM VINA360'S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, FRAUD, OR LIABILITY THAT CANNOT LAWFULLY BE WAIVED.
THE PLATFORM AND ALL PLATFORM CONTENT, FEATURES, FUNCTIONS, INFORMATION, AND THIRD-PARTY SERVICES MADE AVAILABLE THROUGH THE PLATFORM ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT GUARANTEE OF ANY KIND.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VINA360 DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, AVAILABILITY, SECURITY, AND WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
VINA360 DOES NOT WARRANT OR GUARANTEE:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VINA360 OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE TO A CUSTOMER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO:
EVEN IF VINA360 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL VINA360'S TOTAL AGGREGATE LIABILITY TO A CUSTOMER FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE PLATFORM, THESE TERMS, OR SERVICES FACILITATED THROUGH THE PLATFORM EXCEED THE GREATER OF:
AMOUNTS PAID TO A PARTNER FOR SERVICES, TAXES, GRATUITIES, OR OTHER TRANSACTION AMOUNTS PROCESSED THROUGH STRIPE ARE NOT AMOUNTS PAID DIRECTLY TO VINA360 FOR PURPOSES OF THIS LIABILITY CAP.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VINA360 OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE TO A PARTNER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITY, CUSTOMERS, BOOKINGS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO:
EVEN IF VINA360 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL VINA360'S TOTAL AGGREGATE LIABILITY TO A PARTNER FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE PLATFORM OR THESE TERMS EXCEED THE GREATER OF:
AMOUNTS PAID TO A PARTNER BY CUSTOMERS OR DISTRIBUTED THROUGH STRIPE ARE NOT AMOUNTS PAID BY THE PARTNER TO VINA360 FOR PURPOSES OF THIS LIABILITY CAP.
Each User agrees to defend, indemnify, and hold harmless Vina360, its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any third-party right; or (d) any content you submit to the Platform.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.
Any dispute, claim, or controversy arising out of or relating to these Terms or the Platform shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, rather than in court, except that either party may bring an individual claim in small claims court.
EACH USER WAIVES ITS RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
By agreeing to these Terms, each User agrees to resolve any claim and/or lawsuit that User may have against Vina360 on an individual basis in binding arbitration. The arbitration shall take place in Sacramento County, state of California. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement of intellectual property rights.
These Terms are governed by the laws of the State of California, without regard to its conflict-of-law provisions, except to the extent preempted by the Federal Arbitration Act.
The Platform is intended solely for individuals who are physically located within the United States. Access to or use of the Platform from outside the United States is strictly prohibited. By accessing or using the Platform, You represent and warrant that You are physically located within the United States.
Vina360 does not market or offer the Platform for use outside the United States and reserves the right to block, suspend, or terminate access to the Platform from any location outside the United States or where such access would violate applicable law.
The Platform is intended solely for individuals who are at least eighteen (18) years of age. By creating an account or using the Platform, You represent and warrant that You are at least eighteen (18) years of age.
Individuals under the age of eighteen (18) are not permitted to create an account or use the Platform.
Notwithstanding the foregoing, a minor who is at least thirteen (13) years of age may receive services booked through the Platform on the minor's behalf by a Customer. Such minor is not considered a User or account holder of the Platform solely because services are booked on the minor's behalf. The Customer represents and warrants that they are the minor's parent or legal guardian, or are otherwise authorized to arrange services on the minor's behalf, and is responsible for any information about the minor submitted through the Platform.
Minors under the age of thirteen (13) may not receive services booked through the Platform under any circumstances.
Vina360 reserves the right to suspend or terminate any account if it reasonably believes the account holder does not satisfy the eligibility requirements set forth in these Terms.
These Terms are between You and Vina360 only, and not with Apple Inc. As between Vina360 and Apple, Vina360, and not Apple, is solely responsible for the Platform and its content. Apple is not responsible for the Platform or its content and has no obligation to provide maintenance or support services for the Platform. In the event the Platform fails to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price, if any, paid for the Platform. To the maximum extent permitted by applicable law, Apple shall have no other warranty obligation with respect to the Platform. Apple is not responsible for addressing any claims relating to the Platform, including product liability claims, claims that the Platform fails to conform to any applicable legal or regulatory requirement, consumer protection claims, or claims relating to intellectual property infringement.
You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
You acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance of these Terms, Apple shall have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
These Terms are between You and Vina360 only and not with Google LLC. Google is not responsible for the Platform, its operation, maintenance, or support.
Vina360 does not offer in-app purchases for digital goods, digital content, or premium application features. Payments processed through the Platform relate solely to bookings for beauty services provided by independent Partners.
Vina360 does not currently offer subscription plans, recurring memberships, or automatically renewing services for Customers or Partners.
The Platform does not currently integrate third-party advertising networks or display targeted advertisements through advertising software development kits (SDKs).
Vina360 does not sell Personal Information or share Personal Information for cross-context behavioral advertising, as those terms are defined under applicable California law. Vina360 does not permit third-party advertising networks or advertising software development kits (SDKs) to collect Personal Information through the Platform for targeted advertising purposes and does not use Personal Information to track Users across unrelated third-party websites or applications for targeted advertising.
Vina360 reserves the right to modify these Terms of Service at any time. We will provide notice of material changes by posting the updated Terms on the Platform and updating the "Effective Date" date above. For material changes, we will provide at least 30 days' advance notice, where practicable, via email or in-app notification. Your continued use of the Platform after the effective date of any changes constitutes your acceptance of the updated Terms.
Vina360 may suspend or terminate your account and access to the Platform at any time, with or without cause or notice, including for violation of these Terms. Upon termination, all licenses granted to you will immediately terminate. Sections 11 (Intellectual Property), 12 (Disclaimers), 13 (Indemnification), 14 (Dispute Resolution), and 15 (Governing Law) shall survive termination.
Entire Agreement. These Terms, together with our Privacy Policy and any additional terms applicable to specific features, constitute the entire agreement between you and Vina360 with respect to the Platform and supersede all prior agreements.
Severability. If any provision of these Terms is found invalid or unenforceable, the remaining provisions will remain in full force and effect.
Waiver. Failure by Vina360 to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
Assignment. You may not assign your rights or obligations under these Terms without our prior written consent. Vina360 may freely assign its rights and obligations.
Force Majeure. Vina360 shall not be liable for any failure or delay in performance due to causes beyond its reasonable control.
If you have questions about these Terms, please contact us at:
Vina360, Inc.