Effective Date: Jan 01, 2021 Last Modified Date: Aug 26, 2021
License Agreement Confirmation
Please read this End-User License Agreement ("Agreement") carefully before clicking the "I Agree" button, downloading or using the Salon Manager Application (“Application”) and the services provided by Salon Manager, Inc.
If you do not agree to the terms of this Agreement, do not click on the "I Agree" button and do not download or use the Application.
Salon Manager is not providing to you, and the Services provided here under are not and shall not be deemed or construed to be, legal, financial, accounting or investment advice or recommendations. The Services are intended to only assist you in your organization and is broad in scope. Your financial situation is unique, and any information provided through the Services may not be appropriate for your situation. Accordingly, you should consult with your own legal, financial, accounting or investment advisors who are fully aware of your individual circumstances. Furthermore, you agree that Salon Manager is not acting as your agent or fiduciary in connection with your use of the Services.
This Agreement is entered into between you and Salon Manager Inc. Apple, Inc. (“Apple”) is not a party to this Agreement and shall have no obligations with respect to the Licensed Application. Salon Manager Inc, not Apple, is solely responsible for the Licensed Application and the content thereof as set forth hereunder, including, but not limited to any claims that may arise therefrom. However, Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof. This Agreement incorporates by reference the Licensed Application End User License Agreement published by Apple (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/), for purposes of which, you are the “the end-user” and Salon Manager Inc. is the “Application Provider." In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control. Apple and the Apple logo are trademarks of Apple Inc.
Salon Manager reserves the right, at its sole discretion, to modify, discontinue or terminate temporarily or permanently the Application or any service to which it connects, with or without notice and without liability to you.
Salon Manager modifies this Agreement, Salon Manager will post the modification at https://salonmanager.com/legal/terms-of-use.html in the Terms of Service (the “App ToS”), accessible on your Device in the Settings area. Salon Manager will endeavor to notify you of any changes by email, but will not be liable for any failure to do so. Salon Manager will also update the “Effective Date” at the top of this End User License Agreement. By continuing to access or use the Licensed Application after Salon Manager has posted a modification on the Website, the App ToS, or provided you with notice of a modification, you are indicating that you agree to be bound by the modified Agreement. If the modified Agreement is not acceptable to you, your only recourse is to cease using the Licensed Application.
Salon Manager shall own and retain ownership in the Licensed Application, and all intellectual property therein. Subject to the terms and conditions of this Agreement , Salon Manager hereby grants to you a limited, non-transferable, non-exclusive, non-assignable, revocable license (the “License”) to use the Licensed Application on any iPad, iPhone, Android (collectively, a “Device”) solely for your personal, non-commercial purposes strictly in accordance of the terms of this Agreement.
You agree not to and you will not permit others to:
Use the Licensed Application on any Device that you do not own or control.
Distribute or make the Licensed Application available over a network where it could be used by multiple Devices not registered to the same account at the same time.
Rent, lease, lend, sell, redistribute or sublicense the Licensed Application.
Copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any your foregoing restriction is prohibited by applicable law).
Any attempt to do so is a violation of the rights of Salon Manager and its licensors. If you breach this restriction, you may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Salon Manager that replace and/or supplement the original Licensed Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
Consent to Use of Data
Term and Termination
This Agreement shall remain effective until terminated by you or Salon Manager.
Your rights under this License will terminate automatically without notice from Salon Manager if you fail to comply with any term(s) of this Agreement. Upon termination of the License, you shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
User ID, Username, Password, PIN and Connect Code
You are responsible for maintaining the confidentiality of any User ID, Username, Password, PIN and/or Connect Code used by you in connection with the Licensed Application.
You expressly agree not to share your user ID and/or password with any other person and are solely responsible for all activities that occur under your User ID, Username, Password, PIN and/or Connect Code, and you agree to notify Salon Manager immediately of any unauthorized use of your User ID, Username, Password, PIN and/or Connect Code or any other breach of security related to the Licensed Application.
If you are concerned that your password has been compromised, or you have lost your Device, it is your responsibility to change your password, notify Salon Manager immediately, and cancel any unauthorized uses or payments. SALON MANAGER WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO SAFEGUARD YOUR USER ID, USERNAME, PASSWORD, PIN AND/OR CONNECT CODE, DEVICE, OR TO COMPLY WITH THIS SECTION.
Use of Licensed Application
Neither Salon Manager, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of information or location data displayed by the Licensed Application.
You shall not, and shall not enable or permit others to, copy, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or algorithms of, the Licensed Application (except and only to the extent that such activity is expressly permitted by applicable law not withstanding this limitation), or modify, or disable any features of, the Licensed Application, or create derivative works based on the Licensed Application. You may not rent, lease, lend, sublicense or provide commercial hosting services with the Software.
You understand that by using the Licensed Application, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Licensed Application at your sole risk and that Salon Manager shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.
You agree that the Licensed Application may contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Licensed Application.
The Licensed Application is not available in all languages or in all countries. Salon Manager makes no representation that the Licensed Application is appropriate or available for use in any particular location. To the extent you choose to access Licensed Application, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable international, foreign, national, state, or local laws.
Salon Manager, and its licensors, reserves the right, at its sole discretion, to change, suspend, remove, or disable access to any portion(s) of or the entire the Licensed Application at any time without notice. In no event will Salon Manager be liable for the removal of or disabling of access to any portion of the Licensed Application. Salon Manager may also impose limits on the use of or access to any portion(s) of the Licensed Application, in any case and without notice or liability.
Location Based Service
Some features of the Services make use of detailed location, for example in the form of GPS signals, location service and other information sent by your mobile device on which the Salon Manager application is installed and activated. These features cannot be provided without utilizing this technology.
Location data that may be provided by the Services is for basic informational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete data may lead to death, personal injury, property or environmental damage. Neither Salon Manager, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data displayed by the Services.
Use with Your Mobile Device
The Internet connection required to use the Services, and any associated charges (e.g. mobile data expenses) incurred by your use of the Services, are your exclusive responsibility and made solely at your expense. Transmitting and receiving real-time updates to and from the Services, requires an online (e.g. Wi-Fi, 3G, 4G) connection between your cellular device and the Internet. The expenses of such connection are as prescribed by the agreement between you and your communication service provider (such as your cellular company), and according to its applicable terms of payment.
Representations and Warranties
By using the Licensed Application, you expressly represent and warrant that (i) you have reviewed the Usage Rules, (ii) you have the right, authority and capacity to enter this Agreement and abide by its terms, (iii) your use of the Licensed Application is for your sole, personal, non-commercial use, (iv) 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, (v) you are not listed on any U.S. Government list of prohibited or restricted parties, and (vi) you are at least 18 years of age. If you reside in a jurisdiction which restricts the use of the Licensed Application because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Licensed Application. You may not authorize others to use your user account, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Licensed Application you agree to comply with all applicable laws from your home nation, and the country, state and city in which you are present while using the Licensed Application.
You may only access the Licensed Application using authorized means. It is your responsibility to have internet access via a Device and to ensure that you download the correct Licensed Application for your Device. Salon Manager Inc reserves the right to terminate this Agreement should you be using the Licensed Application with an incompatible or unauthorized Device. By using the Licensed Application, you agree that:
You will only use the Licensed Application for lawful purposes; you will not use the Licensed Application for sending or storing any unlawful material or for fraudulent purposes.
You will not use the Licensed Application to cause nuisance, annoyance or inconvenience.
You will not impair the proper operation of the network.
You will not try to harm or disrupt the integrity of the Licensed Application in any way whatsoever.
You will not copy, reverse engineer, decompile, or distribute the Licensed Application or other content without written permission from Salon Manager Inc.
You will only use the Licensed Application for your own use and will not resell it to a third party.
You will keep secure and confidential your account password or any identification we provide you which allows access to the Licensed Application.
You will provide Salon Manager Inc with whatever proof of identity we my reasonably request.
Digital Millennium Copyright Act Notice
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible through the Services, please notify Salon Manager’s copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing:
An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work that you claim is being infringed;
Identification of the material that is claimed to be infringing and where it is located on the Services;
Information reasonably sufficient to permit Salon Manager to contact you, such as your address, telephone number, and e-mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
Third Party Services
The Licensed Application may display, include or make available content, data, information, applications or materials from third parties or provide links to certain third party web sites, products, or services (collectively, "Third Party Materials").
By using the Licensed Application, you acknowledge and agree that Salon Manager is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials. Salon Manager does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any Third Party Materials. Third Party Materials are provided solely as a convenience to you. You must comply with all applicable third party terms of agreement when using Third Party Materials.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND SALON MANAGER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. SALON MANAGER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SALON MANAGER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitations of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL SALON MANAGER BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, OR ARISING OUT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SERVICE PROVIDER, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF SALON MANAGER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER JURISDICTION), WHICH READS AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
You agree that you may not use or otherwise export or re-export the Licensed Application except as authorized by United States export-control regulations or other applicable export laws. (NOTE: transfer or disclosure to a non-U.S. citizen may constitute an 'export' even if occurring within the U.S.) For example, you will not export or re-export any of the foregoing:
to any person on a government-promulgated export restriction list; or
to any U.S.-embargoed countries.
The Licensed Application represents and warrants that neither it nor any of its officers, directors, or managerial employees:
is listed in any export restriction list;
is a citizen or resident of any U.S. -embargoed country;
has had its export privileges suspended, revoked, or denied by a governmental authority having jurisdiction.
The Licensed Application and related documentation are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software.
Documentation is being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
Any use, modification, reproduction, release, performance, display or disclosure of the Software and accompanying documentation by the United States Government shall be governed solely by the terms of this Agreement and is prohibited except to the extent expressly permitted by the terms of this Agreement.
This Agreement will be governed by and construed in accordance with the laws of the State of Maryland, without regard to or application of conflicts of law rules or principles. You may not assign or transfer this Agreement or any rights granted hereunder, by operation of law or otherwise, without Salon Manager’s prior written consent, and any attempt by you to do so, without such consent, will be void and of no effect. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise.
All notices or approvals required or permitted under this Agreement will be in writing and delivered by confirmed facsimile transmission, by overnight delivery service, or by certified mail, and in each instance will be deemed given upon receipt. The failure by either party to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision. Any waiver, modification or amendment of any provision of this Agreement will be effective only if in writing and signed by authorized representatives of both parties.
Contact Information Salon Manager welcomes your comments or questions regarding this iOS — End User License Agreement. Feel free to e-mail comments or questions to us at or by mail to 20660 Stevens Creek Blvd. #222, Cupertino, CA 95014
Entire Agreement; Severability. This EULA is the entire agreement between you and Salon Manager relating to the Licensed Application and all prior or contemporaneous oral or written communications, proposals and representations with respect to the Licensed Application or any other subject matter covered by this EULA. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
Applicable law. This Agreement is governed by the laws of the jurisdiction where you are a resident, without regards to it conflicts of law provisions. This Agreement shall not be governed by the UN Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
Changes to This iOS — End User License Agreement We may update our iOS — End User License Agreement for the app from time to time. We will notify you of any changes by posting the new iOS — End User License Agreement on this page whereby they will be effective immediately.