TERMS AND CONDITIONS

FOR eBeauty Planner APPLICATION

These terms and conditions are addressed to the Partner Salon and define the rules for providing electronic services and using the eBeauty Planner application. If you have any questions or concerns about its content, please write to us at: [email protected]. We will assist you as soon as possible!

DEFINITIONS

Subscription - Defines the range of services/features offered by the Service Provider within the selected subscription option. Details and prices of each Subscription are specified in the Application under the "pricing" tab or another visible place.

Application/Service/System - Dedicated software and service for Partner Salons with all its functionalities, offered and supported by the Service Provider under the name „eBeauty Planner”, available online at https://ebeauty-planner.com and through mobile applications for iOS and Android. The application is used to manage reservation systems and internal structure related to services provided by the Partner Salon. Activation of the Application requires the Partner Salon to accept the Terms and Conditions and Privacy Policy.

Client Application - Dedicated software and service for clients with all its functionalities, offered and supported by the Service Provider under the name „eBeauty24”, available online at https://ebeauty24.online and through mobile applications for iOS and Android. The application is used for viewing the Business Profile and services provided by the Partner Salon and booking appointments. Activation of the Application requires the client to accept the eBeauty24 Terms and Conditions and eBeauty24 Privacy Policy.

eBeauty Planner/Service Provider - Dawid Gawłowski conducting business under the company DejvSoft Dawid Gawłowski in Opole – address: ul. Sieradzka 19/26, 45-304 Opole, NIP: 7543124313, REGON: 365096253, email address: [email protected].

Client - An individual who has reached the age of 16, a legal entity or an organizational unit without legal personality, who has created an account in the Client Application - eBeauty24 to use the services of the Partner Salon.

Partner Salon Account - Individual profile/account of the Partner Salon registered in the Application, enabling the use of the Service's functionalities, both within the mobile applications and the website www, with access to data modules for the employees and associates of the Partner Salon.

Terms and Conditions - These Terms and Conditions specifying the conditions and rules for providing electronic services in the eBeauty Planner Application on behalf of the Partner Salon.

GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) along with later amendments.

Contract - Contract for providing electronic services on the terms described in these Terms and Conditions.

Services - Electronic services provided by eBeauty Planner related to the Application for the Partner Salon.

Business Profile - Profile of the Partner Salon visible in the Client Application.

Partner Salon - A natural person, legal entity, or organizational unit without legal personality, which, based on the Contract, uses the Application in connection with its business or professional activities, has registered, and created a Partner Salon Account.

CONTRACT

1. The Contract is concluded between the Service Provider and the Partner Salon through the Application.
2. To enter in to the Contract, it is necessary to fill out a registration form available in the Application and accept the Terms and Conditions and the Privacy Policy available here.
3. The Contract is concluded upon the proper establishment of the Partner Salon's account.
4. The Contract is concluded for a fixed term on the conditions specified in the selected Subscription and the Terms and Conditions.
5. The agreement can only be entered into by an entrepreneur whose business status is active in the appropriate register (it is excluded to create an account during the suspension of business activity).
6. If a free trial period is available in the Application, the Service Provider will indicate on the Service - the number of days, range of functionalities, and other significant details of using the free period. After its completion – access to the test Partner Salon Account is blocked. The Partner Salon may purchase a paid Subscription and continue using the previously created Partner Salon Account.

SERVICES PROVIDED WITHIN THE APPLICATION

1. The Service Provider grants Partner Salons access to the Application on the Internet via the website, as well as on a mobile device with Internet access, in accordance with the technical requirements described in the Terms and Conditions. The condition for access is having a valid Subscription.
2. Through the Application, the Partner Salon has access to the System's functionalities, including:
   • Creating a Business Profile visible in the Client Application
   • Establishing contact between the Partner Salon and the Client
   • Using tools such as a smart calendar
   • Making reservations for client visits
   • Assigning visits to specific employees and associates
   • Viewing the history of client visits/reservations
   • Managing the schedule of employees and associates
   • Conducting advertising/marketing campaigns
   • Creating a client database.
3. Depending on the selected Subscription, the Partner Salon may share part of the Application's functionalities specified by the Subscription with its employees and associates.
4. Subscription services also include a one-time pool of 50 free SMS messages (with notifications to the Client) granted at the registration of the Partner Salon Account. The pool is valid until exhausted, but no longer than 12 months from the date of registration of the Partner Salon Account (SMS package validity period) and is not renewable.
5. The Partner Salon has the option to purchase paid packages allowing the sending of SMS notifications to the Client. The number of SMS notifications depends on the type selected by the Partner Salon, the type of package. The package is valid until exhausted (selected number of SMS), but no longer than 12 months from activating the chosen SMS package (SMS package validity period).
6. The Partner Salon has the option to purchase a promotional package within the Subscription for a specified number of days, to promote its business and services provided by it in the Application. Promoting involves positioning in the Application point of the Partner Salon, displaying it in a dedicated section/module, including the choice of the target group of recipients preferred by the Partner Salon for promotion. The current price for the promotional package service is available in the Application. The Service Provider cannot guarantee the results set in the Application by the Partner Salon or ensure the achievement of the promotion goal.
7. There is a chargeable possibility of extending the functionalities of the Application within the purchased, selected Subscription. The offer of additional functionalities is visible in the "Pricing" tab or another visible place in the Service.
8. The scope of a given Subscription and the services currently offered by eBeauty Planner are described in the Application, in the "Pricing" tab or another visible place in the Service.

EXCLUSION OF SERVICE PROVIDER LIABILITY

1. The Service Provider is in no case a party to the contract and any other legal relationship between the Partner Salon and the Client.
2. The Service Provider is not responsible for services provided by the Partner Salon to clients or for the reservation process made by the client and the actions of the Partner Salon in this regard.
3. The Partner Salon is obliged to comply with all applicable consumer rights of the Client, to properly inform him about the conditions of the services provided by it, and to fulfill all other obligations in accordance with the applicable laws.

SERVICE PROVIDER LIABILITY FOR APPLICATION OPERATION

1. The Service Provider is responsible for the proper functioning of the Application but does not guarantee constant and uninterrupted availability of the Service. The Service Provider commits to providing access to the Application at the level of 360 days per year.
2. The Service Provider may modify the Application and its functionalities, as well as suspend their operation or add new features. The Service Provider reserves the right to change the appearance (frontend) of the Application.
3. The Service Provider reserves the right to make breaks in access to the Application in connection with the need to perform periodic maintenance and modernization.
4. The Service Provider has the right to discontinue the provision of Services described in the Terms and Conditions at any time if such a justified demand is made against it by an authorized public authority.
5. The Service Provider is not liable for damages resulting from interruptions in the provision of Services caused by the non-fulfillment of obligations by third parties. In particular, the Service Provider is not responsible for damages incurred by the Partner Salon (in the form of both loss and lost benefits):
   • caused by a lack of continuity of the Service for reasons on the side of the Partner Salon;
   • caused by independent threats from the Service Provider or the Partner Salon occurring on the Internet;
   • caused by the inability to use the Application, resulting from poor quality of connection, incorrect configuration of the Partner Salon's software, power grid failure or Internet supply interruptions;
   • caused as a result of force majeure or unlawful actions of third parties;
   • resulting from using the Application in a manner inconsistent with its purpose or in a manner inconsistent with the Terms and Conditions;
   • resulting from incorrect data entry, including logging by the Partner Salon into the Application.
6. The Service Provider is not liable to the Partner Salon for lost profits in any case.

TECHNICAL REQUIREMENTS

1. In order to use the Application, it is necessary to have a device capable of connecting to the Internet, an active Internet connection, a web browser, and a current email address.
2. The Partner Salon should independently and on its own verify whether the device meets the necessary technical requirements, is properly configured, has up-to-date software, and has access to the Internet.
3. The Service Provider notes that the use of services provided electronically may involve risk, however, not exceeding the standard risk associated with using the Internet. The Partner Salon should consider this, even despite using systems to protect its infrastructure from unauthorized influence by third parties. The basic threats associated with using the Internet include: malware – including various types of applications or scripts such as viruses, worms, trojans (Trojan horses), keyloggers, dialers, spyware programs, programs tracking the actions of the Partner Salon, collecting information about him and sending it to the author of the program, spam, phishing out confidential personal information (e.g., passwords) by posing as a trustworthy person or institution (phishing), breaking into the Partner Salon's IT system using, among others, hacker tools such as exploit and rootkit.
4. The Partner Salon, to avoid the above threats, should equip its computer and other electronic devices, which it uses by connecting to the Internet, with an antivirus program. Such a program should be continuously updated. Protection against the above threats can also be provided by, among others, an enabled network firewall (firewall), software updates, not opening email attachments of unknown origin, disabling macros in MS Office files of unknown origin, regular comprehensive system scans with an antivirus and antimalware program, using the original system and applications from a legal source.

APPLICATION ACCOUNT REGISTRATION

1. Only Partner Salons operating in one of the following industries or providing services related to the options available in the Application, such as: beauty salon, hairdresser, barber shop, nails, face treatments, body treatments, depilation, eyebrows and eyelashes, makeup, massage, tattoo and piercing, podiatry, physiotherapy, psychotherapy, aesthetic medicine, natural medicine, pets, training and diet, dentist, solarium, permanent makeup, yoga and relaxation, other related can register a Partner Salon Account.
2. The list indicated above maybe updated, the current list of options is visible in the Application.
3. If a given industry/service is not found in the selection option – it is necessary to contact each time with an inquiry about the possibility of registering a Partner Salon account in the Application (consent), by sending an email to: [email protected]. The Service Provider reserves the right to refuse registration without giving a reason.
4. If the Partner Salon registers a Partner Salon account, not actually operating in any of the listed industries and does not provide services related to them and did not obtain the consent of the Service Provider for registration – the Service Provider has the right to delete the Partner Salon Account.
5. Providing personal data by the Partner Salon during account creation is voluntary, but necessary for its establishment and effective conclusion of the Contract. Details related to data processing have been described in the Privacy Policy.
6. During the registration process, the Partner Salon is obliged to provide current, complete, and truthful data: personal, contact, and information necessary for the proper issuance of a VAT invoice.
7. In case of data change, the Partner Salon is obliged to update them in the Application immediately. The Service Provider is not responsible for any damages incurred by the Partner Salon, resulting from the provision of outdated or untruthful information, in particular in the scope of unauthorized use of data of third parties.
8. The Service Provider has the right to verify the data of the Partner Salon and the identity of persons authorized to represent it, as well as all information provided by it, and in case of identifying untruthful, misleading or outdated data and information, the Service Provider has the possibility to temporarily suspend access to the Partner Salon's account or to its permanent deletion, without the obligation to refund the paid Subscription amount./li>
9. Proper establishment of the Partner Salon Account in the Application is tantamount to familiarization and acceptance of the Terms and Conditions, conclusion of the Contract, and the Data Processing Agreement, whose template is an attachment to the Terms and Conditions.

USAGE OF THE APPLICATION

1. Each Partner Salon and its employees and associates are required to use the Application in a manner consistent with its purpose, not causing disruptions in the operation of the Service and in accordance with the law and good manners.
2. The Partner Salon is responsible for the actions or omissions of third parties, as for its own, in particular for the actions and omissions of its employees and associates, to whom it grants access to use the Application.
3. The Partner Salon is obliged to verify the truthfulness of the information and personal data provided by its employees and associates placed in the Application.
4. Each Partner Salon within its account may create no more than one Business Profile for its business (salon/point/cabinet, etc.), visible in the Client Application. In case of creating more than one Business Profile inconsistent with the Terms and Conditions – the Service Provider reserves the right to delete the non-compliant Business Profile or suspend the Partner Salon's account.
5. Each Partner Salon is required to comply with cybersecurity rules, in particular, not to transfer its login data in the Application to third parties. In case of unauthorized access to the Partner Salon's Account, the Service Provider reserves the right to block them. The Service Provider is not responsible for the consequences resulting from unauthorized use of access data to the Partner Salon's Account.
6. Each Client bears sole responsibility for all content and messages posted, displayed, or transmitted within the Partner Salon's Account in the Application.
7. The Service Provider is not obliged to monitor the content on the Partner Salon's account. In all cases, however, the Service Provider reserves the right to remove or disable access to any content that violates the law or the provisions of the Terms and Conditions.
8. During the use of the Application, it is forbidden to provide content of an unauthorized and unlawful nature. By using the Service and offered services, the Partner Salon and its employees and associates are obliged to do so in accordance with the Terms and Conditions and the applicable laws, as well as the customs and good manners accepted in this regard.
9. Any actions that may negatively affect the functioning of the Application, by interfering with its technical components and source code, are prohibited.

BUSINESS PROFILE

1. The Partner Salon should place true, legible, and reliable information about the services it provides and their price list in the Business Profile.
2. The Partner Salon has the right to post content in the Business Profile, such as photos, logos, descriptions, graphics - provided that they do not infringe the rights (including copyright) of third parties.
3. In case the Partner Salon posts a third party's image in the Application – the Partner Salon is obliged to obtain authorization and consent to use the image of the person in the Application. The Partner Salon bears sole responsibility for making available and disseminating the image of third parties.

RESERVATIONS

1. The client makes reservations for a visit/service in the Partner Salon through the Client Application. The Partner Salon confirms the reservation in the Application. The detailed conditions for booking a visit/service, the Partner Salon sets independently in the information made available to clients, the rules for using the services, service conditions, etc. possible to familiarize with by the Client before making a reservation. The Partner Salon is obliged in this respect to comply with the provisions of applicable law.
2. Using the Application, the Partner Salon has the opportunity to conclude an appropriate agreement with the payment operator (e.g., tPay) and activate the functionality of collecting prepayment in the reservation process by the client in the Application.
3. eBeuaty Planner is not a party to the contract with the payment operator. The amounts collected from the Client are transferred directly to the account indicated in the above agreement of the Partner Salon.
4. eBeauty Planner does not charge additional fees for activating the functionality used to collect prepayments.

PAYMENTS

1. Payments for Services will be made in advance foreach month of using the Application, according to the selected Subscription (and the number of months specified therein). The amount of the Subscription applicable to a given Contract is the price list on the day it is concluded. eBeauty Planner accepts payment for the order in the form of non-cash through methods supported by the payment service provider of the Service.
2. All payments will be made based on VAT invoices issued to the Service Recipient. The Service Recipient agrees to receive VAT invoices in electronic form.
3. Payment services in the Application are provided by an external provider and are not part of the contract with eBeauty Planner. The Service Provider does not collect credit card data, does not process them, nor does it store them. The Service Provider is not a payment service provider or a payment institution within the meaning of the relevant legal provisions.
4. The Service Provider reserves the right to change the prices in a given Subscription, as well as prices for promotional packages, additional functionalities, SMS packages, and all other offered add-ons/services - at any time by publishing new prices in the "Pricing" tab or another visible place in the Application.
5. The new price list does not apply to Contracts concluded before its introduction. Continuation of using the Services, after the end of the Contract period, involves the obligation to re-purchase the Subscription according to the current prices in the Application.
6. In case the Service Recipient fails to make timely and full payment of the invoice, the Service Provider may suspend the possibility of using the Application. Suspension of use of the Application due to lack of payment may result in the Service Recipient losing the ability to use and access the Partner Salon's Account and the content therein. After 90 days from the due date of payment and lack of its payment, the Service Provider is entitled to delete the Partner Salon's Account.

COMPLAINTS

1. The Service Provider and the Partner Salon cooperate and make efforts in terms of detecting, identifying, and mutually informing about any irregularities in the operation of the Application.
2. Complaints and comments concerning both technical aspects of the operation of the Application and other issues related to the Services, the Partner Salon may report by sending a message to: [email protected].
3. Complaints should be submitted promptly after the occurrence of the problem to which the complaint refers. Each complaint should contain a brief description of the problem that is the basis for filing the complaint, the date and time of its occurrence, and the contact details of the Partner Salon submitting the complaint.
4. TheServiceProviderwillmakedueeffortstoensurethatcomplaintsareconsideredwithoutundue delay. The Service Provider will notify the complainant of the outcome of the complaint consideration via the Application or email.
5. The template of the complaint form is an attachment to the Terms and Conditions.

INTELLECTUAL PROPERTY

1. The Service Provider and its external licensors possess all rights, including all intellectual and industrial property rights, know-how to the Application.
2. All rights not expressly granted to the Service Recipient remain reserved for the Service Provider. In particular, the Terms and Conditions do not grant the Partner Salon any rights to the Service or its parts, including any property or intellectual and industrial property rights.
3. The Partner Salon may not copy, duplicate, distribute, decompress or modify the software and other elements that make up the Service in whole or in part.
4. The Service Provider may use the name and logo (or other form of trademark) of the Partner Salon for informational and promotional purposes, on the website of the Service Provider or in other marketing materials.
5. To enable the Partner Salon to use the Application, along with the conclusion of the Contract, the Service Provider grants the Partner Salon a non-exclusive, non-transferable, non-transferable license to use the Application for the duration of this contract. Within the specified license, the Partner Salon has the right only to temporarily multiply the Application by running and displaying it in a web browser and installing the Application on a mobile device. The Partner Salon is obliged to use the Application in accordance with its purpose and the rules specified in the Terms and Conditions. The Partner Salon does not have the right to modify or interfere with the software of the Application in any way.

REVIEWS

1. Reviews visible in the Application come exclusively from entities that have actually used the services of eBeauty Planner.
2. The Service Provider does not pay for posting positive reviews.
3. There is no possibility of automatic publication of reviews on the site. The Service Provider directly contacts the Partner Salon each time to send/pass on the review. The Partner Salon voluntarily decides to send it in a return message, or can send it independently without prior request from the Service Provider.
4. Not all reviews received by the Service Provider are subject to publication. The Service Provider decides on its own to publish a given review.
5. If you have doubts about the reliability and credibility of a given review, send a message to: [email protected] with a report/complaint, to which the Service Provider will respond promptly, no later than within 30 days from the day of its receipt.
6. If you suspect that someone has impersonated you in a published review, write immediately to: [email protected], indicating the content of the review about which you have doubts / reservations.

PROCESS FOR REPORTING UNAUTHORIZED AND ILLEGAL CONTENT

1. The Partner Salon and its employees and associates, who consider the content published in the Service to be illegal or violating the terms of the Terms and Conditions or to be content of an unlawful nature, may send a report concerning this content to the Service Provider. In case the report contains electronic contact data of the reporting person, the Partner Salon immediately sends confirmation of receiving this report.
2. The Service Provider considers the submitted report and makes a decision promptly and timely, i.e., no later than within 30 days from the date of delivery of the report, in a non-arbitrary, objective manner, with due diligence. The Administrator notifies the Partner Salon of the decision taken without undue delay.
3. The decision of the Administrator may involve the removal of content or leaving the content on the Page. The Client has the right to appeal the Administrator's decision within 14 days from receiving the justification for its removal/retention. Such an appeal should contain comprehensive justification. The Administrator considers the appeal within 14 days from the day of its receipt.
4. The template for the content reporting form is an attachment to the Terms and Conditions.

CONTACT POINT

1. The Service Provider has designated an electronic contact point associated with the Application intended for direct communication with the member state authorities, the Commission, the Digital Services Council, and other bodies – at the email address [email protected].
2. The indicated contact point maybe used for contact for Partner Salons.

FINAL PROVISIONS

1. The law applicable to the contractual relationship connecting the Parties, resulting from the Terms and Conditions, as well as to the Terms and Conditions themselves, is Polish law, and the court of competent jurisdiction is the court of the seat of the Service Provider.
2. The Terms and Conditions apply to all Services provided by the Service Provider within the Application. In the event that a separate contract or contracts have been concluded between the Service Provider and the Service Recipient, the provisions of these latter have precedence over the provisions of the Terms and Conditions.

CHANGES TO THE TERMS AND CONDITIONS

1. The Terms and Conditions are effective from May 1,2024. There is no archival version.
2. The Terms and Conditions may be changed for important reasons such as: changes to applicable laws to adjust the content of the Terms and Conditions, change of the Service Provider's data, business and technical changes to the Application, the need to modify or remove typographical errors.
3. In case of changes, access to archival content of the terms and conditions will be enabled.
4. For contracts concluded before the change to the Terms and Conditions, the terms and conditions in the version applicable at the time of conclusion of the contract apply.

[Annex 1 – Data Processing Agreement]

[Annex 2 – Complaint Form]

[Annex 3 – Content Reporting Form]