TERMS OF USE
By using Salon Acccounting (SalonAccounting.com, Salon Accounting Web App, Salon Accounting iOS Mobile App, or Salon Accounting Android Mobile App) further referenced by (“Service”), or any services of Creative Reputation, LLC (“Creative Reputation”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR SERVICES THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
Salon Accounting reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.SalonAcccounting.com/TermsOfUse
Violation of any of the terms below will result in the termination of your “Account” and data. While Salon Accounting prohibits offensive Conduct and Content on the Service, you understand and agree that Salon Accounting cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
If you download the App through the Apple App Store, Google Play or other app store or distribution platform (“App Provider”), you acknowledge and agree that: (i) these Terms are between us, and not with the App Provider, and that we are responsible for the Service, not the App Provider; (ii) the App Provider has no obligation to furnish maintenance and support services or handle any warranty claims; (iii) the App Provider is not responsible for addressing any claims you or any third party have relating to the App; and (iv) the App Provider is a third party beneficiary of these Terms as related to your use of the App, and the App Provider will have the right to enforce these Terms as related to your use of the App against you.
If you have any questions about our Terms, feel free to contact us.
1. Eligibility
- This product was created for customers in the United States of America and follows digital compliance rules for USA only; do not use this product if you reside outside of the USA as it does not comply with all nation’s regulations on data compliance, including GDPR;
- you must be eighteen (18) years or older to sign-up and use this Service;
- you must be a human, accounts registered by “bots” or other automated methods are not permitted;
- you must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process;
- you are responsible for maintaining the security of your account and password, Salon Acccounting cannot and will not be liable for any loss or damage from your failure to comply with this security obligation; we will never ask you for your password;
- you are responsible for all Content posted and activity that occurs under your account;
- you may not use the Service for any illegal or unauthorized purpose; you must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).
By using the Service, you represent and warrant that you meet all the requirements listed above, and that you won’t use the Service in a way that violates any laws or regulations. Note that by representing and warranting, you are making a legally enforceable promise.
Salon Accounting may refuse service, close accounts of any Members, and change eligibility requirements at any time.
2. Term – Account, Payment, and Refunds
When you sign up for an account and agree to these Terms, the Agreement between you and Salon Accounting is formed, and the term of the Agreement (the “Term”) will begin. The Term will continue for as long as you have a Salon Accounting account or until you or we terminate the Agreement in accordance with these Terms, whichever happens first. If you sign up for an account on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms and enter into the Agreement on its behalf.
- All paid plans must enter a valid credit card or send checks to the address listed below. Free accounts are not required to provide a credit card number.
- The Service is billed in monthly increments and is non-refundable. There will be no refunds or credits for partial months of service. In order to treat everyone equally, no exceptions will be made.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
3. Cancellation and Termination
- You are solely responsible for properly canceling your account. You may submit a request to cancel your account by using the Service (Settings > Subscription > Cancel). You can cancel your account at any time by contacting our support team at the email provided below or by leaving a voicemail by phone. If cancelling by email or phone, provide the email address that the account is registered under. Phone calls may be further verified by Salon Accounting by emailing the account email provided and double-checking the cancellation.
- If you cancel the Service before the end of your current paid up month, your cancellation will take effect at the end of your payment period and you will not be charged again.
- Salon Acccounting, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Salon Acccounting service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Salon Acccounting reserves the right to refuse service to anyone for any reason at any time.
4. Modifications to the Service and Prices
- Salon Acccounting reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 14 days notice from us. Such notice may be provided at any time by posting the changes to the Salon Acccounting Site (SalonAcccounting.com) or the Service itself.
- Salon Acccounting shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
5. Copyright and Content Ownership
- We own all proprietary rights in the Service, including, but not limited to, patents, trademarks, service marks, trade secrets, copyrights, and other intellectual property rights. You will respect our proprietary rights in the Service.
- We claim no intellectual property rights over the material you provide to the Service. Your profile and materials (sales, expenses, tips, etc.) uploaded remain yours.
- You may provide or we may ask you to provide suggestions, comments, input or other feedback (“Feedback”) regarding the Service. If you provide us with any Feedback, then you grant us a royalty-free, non-exclusive, worldwide, sublicensable, and transferable license to use, reproduce, publicly display, distribute, modify, and publicly perform the Feedback as we see fit. Any Feedback you choose to provide is given entirely voluntarily. You understand that you will not receive any compensation for your Feedback, and that we may use any Feedback you provide to improve the Service or to develop new features and services.
- Your contributions to the Salon Accounting community fall into the category of Feedback to the users of Salon Accounting. Your contributions of Content should not be considered legal or accounting advice for others and users of Salon Accounting may not hold Salon Accounting liable for the content shared within the community.
- You shall defend Salon Acccounting against any claim, demand, suit or proceeding made or brought against Salon Acccounting by a third party alleging that your Content, or your use of the Service in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third party or violates applicable law, and shall indemnify Salon Acccounting for any damages finally awarded against, and for reasonable attorney’s fees incurred by, Salon Acccounting in connection with any such claim, demand, suit or proceeding; provided, that Salon Acccounting (a) promptly gives You written notice of the claim, demand, suit or proceeding; (b) gives You sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that You may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Salon Acccounting of all liability); and (c) provides to You all reasonable assistance, at Your expense.
- The look and feel of the Service is copyright ©2020 Salon Acccounting. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Salon Acccounting.
6. General Conditions
- Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
- Technical support is only provided to paying account holders and is available via email, community forum, and by phone. Support is only available in English.
- You understand that Salon Acccounting uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Salon Acccounting, or any other Salon Acccounting service. You may not use Salon Accounting as an API gateway for providing data endpoints.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Salon Acccounting.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Salon Acccounting customer, employee, member, or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the Service, including your Content, may be transfered unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not transmit any worms or viruses or any code of a destructive nature.
- If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by Salon Acccounting) of other Salon Acccounting customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
- Salon Acccounting does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
- You expressly understand and agree that Salon Acccounting shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Salon Acccounting has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
- The failure of Salon Acccounting to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Salon Acccounting and govern your use of the Service, superseding any prior agreements between you and Salon Acccounting (including, but not limited to, any prior versions of the Terms of Service). You agree that these Terms of Service and Your use of the Service are governed under Wisconsin law.
- Questions about the Terms of Service should be sent to support@salonaccounting.com
7. SMS Messaging
Charges: Standard message and data rates may apply for customer’s phone numbers that are enrolled. Confirm opt-in with your customers before adding their phone number and configuring SMS message appointment reminders.
Opt-Out: Your customers can opt out of receiving text messages at any time by replying “STOP” to any received message.
Privacy: Your customer’s mobile phone number will be used solely for the purpose of sending text message reminders or sending a payment request, when your business invokes that feature within the application.
We will not share or sell your personal information with any third parties.
8. Liability
To the maximum extent permitted by law, you acknowledge and agree that (i) you assume full responsibility for any loss that results from your use of the Service (ii) we and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages; and (iii) in any calendar month, our total liability to you arising under or in connection with the Agreement—whether in contract, tort (including negligence), breach of statutory duty, or otherwise—will be no more than what you paid us for the Service the preceding month.
For the avoidance of doubt, in no instance will we or our Team be liable for any losses or damages you suffer if you use the Service in violation of these Terms, regardless of whether we terminate or suspend your account due to such violation.
9. No Warranties
To the maximum extent permitted by law, we provide the Service as-is. This means that, except as expressly stated in these Terms, we don’t provide warranties, conditions, or undertakings of any kind in relation to the Service, either express or implied. This includes, but isn’t limited to, warranties of merchantability and fitness for a particular purpose, which are, to the fullest extent permitted by law, excluded from the Agreement. Since Members use the Service for a variety of reasons, we can’t guarantee that it’ll meet your specific needs.
10. Representations
Salon Accounting has thoroughly tested the software and calculations used within the Service to calculate the totals throughout the Content provided by our Members. To the best of our knowledge the system is free of defects. We take steps to ensure the security, reliability, and correctness of the Service by constantly updating the Service. In the event that we find defects in the service that effect calculations on the data provided by our Members, we will inform you of the issue and our remedied steps to correct the Service application code. By entering into a contract with Salon Accounting, you are accepting the acknowledgement that the system is free of defects as we represent, but may not hold Salon Accounting or Creative Reputation, LLC liable for defects that are uncovered that may lead to incorrect data representation. Salon Accounting will promptly fix defects that effect the correctness of the Service and data and inform you of the errors.
11. Indemnity
You agree to indemnify and hold us and our Team harmless from any losses, including legal fees and expenses that directly or indirectly result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. (Indemnity is an agreement to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses, including legal fees and expenses, that directly or indirectly result from (i) your Content, (ii) your use of the Service, (iii) your violation of any laws or regulations, (iv) third-party claims that you or someone using your password did something that, if true, would violate any of these Terms, (v) any misrepresentations made by you, or (vi) a breach of any representations or warranties you’ve made to us.
12. Assignments
You may not assign any of your rights under this Agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
13. Choice of Law
The State of Wisconsin’s laws, except for conflict of laws rules, will apply to any dispute related to the Agreement or the Service. You acknowledge and agree that any dispute related to the Agreement or the Service itself will be decided by the state or federal courts in Waukesha County, Wisconsin, and each party consents to personal jurisdiction in those courts.
14. Privacy Policy
Salon Accounting takes data privacy seriously. This privacy policy explains who we are, how we collect, share and use Personal Information, and how you can exercise your privacy rights.
Salon Accounting is an online financial bookkeeping platform operated by Creative Reputation LLC, a company headquartered in the State of Wisconsin in the United States (“we,” “us,” “our,” and “Salon Accounting”). Our Service enables our Members to document their income and expenses throughout the year.
15. Information We Collect
The Personal Information that we collect depends on the context of your interactions with Salon Accounting, your Salon Accounting account settings, the features you use, your location, and applicable law. However, the Personal Information we collect broadly falls into the following categories:
(i) Information you provide to us: You (or your organization) may provide certain Personal Information to us when you sign up for a Salon Accounting account and use the Service, consult with our customer service team, send us an email, or communicate with us in any other way.
(ii) Information we collect automatically: When you use the Service, we may automatically collect or receive certain information about your device and usage of the Service (collectively “Service Usage Data”). We use cookies and other tracking technologies to collect some of this information. If you are using our Mobile App, we may collect this information using our software development kits (“SDKs”) or APIs the first time the SDK or API is initiated on your Mobile App.
16. Use of Personal Information
We may use the Personal Information we collect or receive through the Service (alone or in combination with other data we source) for the purposes and on the legal bases identified below:
- To bill and collect money owed to us by you to perform our contract with you for the use of the Service or where we have not entered into a contract with you, in accordance with our legitimate interests to operate and administer our Service. This includes sending you emails, invoices, receipts, notices of delinquency, and alerting you if we need a different credit card number. We use third parties for secure credit card transaction processing, and those third parties collect billing information to process your orders and credit card payments. To learn more about the steps we take to safeguard that data, see the “Our Security” section of this privacy policy.
- To send you system alert messages in reliance on our legitimate interests in administering the Service and providing certain features. For example, we may inform you about temporary or permanent changes to our Service, such as planned outages, or send you account, security or compliance notifications, such as new features, version updates, releases, abuse warnings, and changes to this privacy policy.
- To communicate with you about your account and provide customer support to perform our contract with you for the use of the Service or where we have not entered into a contract with you, in reliance on our legitimate interests in administering and supporting our Service.
- To enforce compliance with our Standard Terms of Use and applicable law, and to protect the rights and safety of our Members in reliance on our legitimate interest to protect against misuse or abuse of our Service and to pursue remedies available. This may include developing tools and algorithms that help us prevent violations. For example, sometimes we review the content our Members send or display to ensure it complies with our Standard Terms of Use.
- To meet legal requirements, including complying with court orders, valid discovery requests, valid subpoenas, and other appropriate legal mechanisms.
- To provide information to representatives and advisors, including attorneys and accountants, to help us comply with legal, accounting, or security requirements in reliance on our legitimate interests.
- To prosecute and defend a court, arbitration, or similar legal proceeding.
- To respond to lawful requests by public authorities, including to meet national security or law enforcement requirements.
- To provide, support and improve the Service to perform our contract with you for the use of the Service or where we have not entered into a contract with you, in reliance on our legitimate interests in administering and improving the Service and providing certain features. For example, this may include sharing your information with third parties in order to provide and support our Service or to make certain features of the Service available to you. When we share your Personal Information with third parties, we take steps to protect your information in a manner that is consistent with our obligations under applicable privacy laws.
- To provide suggestions to you and to provide tailored features within our Service that optimize and personalize your experience in reliance on our legitimate interests in administering the Service and providing certain features. Some of these ideas are generated through analysis of the data used in our data analytics projects.
- To perform data analytics projects in reliance on our legitimate business interests in improving and enhancing our products and services for our Members. Our data analytics projects use data from Salon Accounting accounts, including Personal Information, to provide and improve the Service. We use information like your journal data, so we can make more informed product recommendations and enhancements for our Members.
- To combine and anonymize data about our Members and our Member’s use of the Service in order to create aggregate, anonymized statistics which we may use to provide certain features within the Service and for promoting and improving the Service in reliance on our legitimate interests.
- To personalize the Service, content and advertisements we serve to you in reliance on our legitimate interests in supporting our marketing activities and providing certain features within the Service. We may use your Personal Information to serve you specifically, such as to deliver marketing information, product recommendations and non-transactional communications (e.g., email, telemarketing calls, SMS, or push notifications) about us, in accordance with your marketing preferences and this privacy policy.
17. Attribution
- Some icons by Yusuke Kamiyamane. All rights reserved. Licensed under a Creative Commons Attribution 3.0 License.
18. Billing
- All subscriptions are valid for one month and renew automatically until the user chooses to opt-out of auto-renew. This can be done through the Setup -> View Current Subscription screen, with a valid subscription setup, or contact our support team for help.
- Salon Accounting supports secure credit card transactions through a third party vendor, Stripe, for secure PCI compliance.