Terms of Service

These Terms of Service constitute a legally binding agreement between you ("you" or "User") and Perceny, Inc. ("Company", "we", "us", or "our"), concerning your access to and use of the https://www.perceny.com website, web application, and mobile application (collectively, the "Platform"). We are registered in Delaware, United States and have our registered office at 1111B South Governors Ave, Ste 39610, Dover, DE 19904.

The Platform serves two categories of users whose specific obligations are set out in these Terms:

• Business Users — owners, managers, stylists, and staff members who register a business account on the Platform to manage appointments, clients, payments, and operations.
• End Clients — individuals who book services through the Platform, receive invoices or payment links, or interact with a business's Perceny, Inc.-powered booking page or kiosk.

By accessing the Platform, you confirm you have read, understood, and agree to be bound by all of these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE PLATFORM AND MUST DISCONTINUE USE IMMEDIATELY.

We reserve the right to make changes to these Terms at any time. We will update the "Last updated" date at the top. Your continued use of the Platform after any changes constitutes your acceptance of the revised Terms.

The Platform is not intended to comply with industry-specific regulations such as HIPAA or FISMA. You may not use the Platform in a way that would violate the Gramm-Leach-Bliley Act (GLBA). The Platform is intended for users who are at least 13 years of age.

For the purposes of these Terms:

• "Platform" means the Perceny, Inc. web application, mobile application, and all associated services.
• "Business User" means any Owner, Manager, Stylist, Staff Member, or Cashier who operates a business account.
• "Owner" means the primary account holder responsible for a business workspace.
• "Staff" / "Stylist" means any employee or contractor added to a business workspace by an Owner or Manager.
• "End Client" or "Client" means a customer or consumer who receives services from a Business User, books through the Platform, or whose data is managed by a Business User.
• "Subscription" means a paid plan that Business Users purchase to access Platform features.
• "Card on File" means a payment method (credit or debit card) stored via Stripe for future or recurring charges.
• "BNPL" means Buy Now, Pay Later — an installment payment arrangement available through the Platform.
• "Gift Card" means a prepaid stored-value instrument issued by a Business User through the Platform.
• "Stripe" means Stripe, Inc., our third-party payment processor.

Unless otherwise indicated, the Platform is our proprietary property. All source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Platform (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us and are protected by copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license to access and use the Platform solely for your personal or internal business purposes consistent with these Terms. No other rights are granted. We reserve all rights not expressly granted to you.

By using the Platform, you represent and warrant that:

1. All registration information you submit is true, accurate, current, and complete.
2. You will maintain the accuracy of such information and promptly update it as necessary.
3. You have the legal capacity and agree to comply with these Terms.
4. You are not under the age of 13.
5. You will not access the Platform through automated or non-human means.
6. You will not use the Platform for any illegal or unauthorized purpose.
7. Your use of the Platform will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any current or future use of the Platform.

Accepted Payment Methods

We accept the following forms of payment: Visa, Mastercard, American Express, Discover, and other Stripe-supported payment methods.

Platform Subscription Fees (Business Users)

Business Users must purchase a Subscription to access the Platform's business management features. You agree to provide current, complete, and accurate billing information. We bill you through Stripe on a recurring basis (monthly or annually, as selected). Sales tax may be applied where required by law. All payments are in U.S. dollars.

By providing a payment method for your Subscription, you authorize us to charge that payment method on a recurring basis without requiring prior approval for each charge, until you notify us of your cancellation in accordance with Section 11.

Card on File — Business Users

When you provide a payment method to Perceny, Inc. for your Subscription or other platform fees, you expressly authorize Perceny, Inc. to store your payment method via Stripe for future billing, including any outstanding balance, late fees, or other amounts owed to Perceny, Inc..

Card on File — End Clients

Cards Entered by Business Staff

Payment Processing

All payment processing on the Platform is handled by Stripe, Inc. By using the payment features of the Platform, you also agree to Stripe's Terms of Service and Privacy Policy. We reserve the right to correct any errors in pricing and to refuse any order placed through the Platform.

The Platform enables Business Users to offer Buy Now, Pay Later (BNPL) installment arrangements to their Clients for services rendered. The following terms govern BNPL transactions:

For Clients Using BNPL

For Business Users Offering BNPL

Business Users who offer BNPL are responsible for: clearly disclosing the installment schedule and total amount to the Client before the arrangement begins; obtaining the Client's explicit authorization; and ensuring the Client has a valid payment method saved on file before enabling BNPL. Business Users must not use BNPL to charge clients for amounts beyond what was agreed to for the services rendered.

Perceny, Inc.'s Role

Perceny, Inc. provides BNPL as a payment-scheduling and payment-collection tool that Business Users can use to split a charge for services they render into multiple scheduled payments against the Client's saved card. Perceny, Inc. does not extend credit, does not lend money, does not assess or charge interest or finance charges, and does not perform credit underwriting. Perceny, Inc. is not a lender, creditor, financing company, money transmitter, or consumer finance company. We are not responsible for any disputes between a Business User and a Client regarding the terms or execution of a BNPL arrangement.

Regulatory Disclosures & Availability

Client-Initiated Chargebacks

Business User Liability for Chargebacks

Business Users agree to maintain sufficient documentation of client authorizations — including signed intake forms, booking confirmations, and payment consents — to assist in contesting invalid chargebacks. Failure to maintain adequate records may result in chargebacks being decided against the Business User.

Resolving Disputes Without Chargebacks

We strongly encourage Clients to contact the business directly before initiating a chargeback. Many disputes can be resolved quickly without the chargeback process. If you are unable to reach a resolution with the business, you may contact us at [email protected] and we will attempt to facilitate a resolution in good faith, though we are not obligated to adjudicate service disputes.

This no-refund policy applies solely to fees paid to Perceny, Inc. for platform access. Refunds for services rendered by a business to its clients are governed solely by that business's own refund policy and are not the responsibility of Perceny, Inc.. See Section 12 for Business Owner responsibilities regarding client refunds.

Exceptions Preserved by Law

Notwithstanding the foregoing, this no-refund policy does not apply to, and we will issue a refund or correction for:

• Charges made in error — including duplicate charges, charges after a confirmed cancellation, or charges for the wrong plan or amount.
• Unauthorized charges — charges made without your authorization or in excess of what you authorized.
• Billing errors covered by applicable law (including, where applicable, the Fair Credit Billing Act, the Electronic Fund Transfer Act (Regulation E), and equivalent state consumer-protection statutes).
• Refunds required by applicable consumer-protection law governing your transaction or by the rules of the platform through which you paid (for example, applicable Apple App Store or Google Play refund rules where you purchased through an in-app subscription).
• Refunds we elect to issue in our sole discretion as a goodwill or service credit.

Nothing in these Terms is intended to limit your non-waivable rights as a consumer under federal, state, or local law, or under any mandatory rule of an app store or payment network through which you transacted. To the extent any portion of this no-refund policy conflicts with such non-waivable rights or rules, those rights or rules control.

If you believe a charge was made in error or qualifies for one of the exceptions above, please contact us at [email protected] within sixty (60) days of the charge appearing on your statement, and we will investigate in good faith and issue any refund or correction required.

You may cancel your Subscription at any time by logging into your account settings or by contacting us using the information in Section 43. Cancellation takes effect at the end of your current paid billing period, after which your access to paid features will be downgraded or terminated. No refunds or prorations are issued for cancellation.

If you are unsatisfied with our services, please contact us at [email protected] or +1 570 526 2975.

Owner Responsibilities

The Owner of a business account is the primary responsible party for all activities conducted under that account, including the actions of Managers, Stylists, Staff, and any other users the Owner has invited to the workspace. Owners are solely responsible for:

• Ensuring all Staff members comply with these Terms of Service.
• Setting and clearly communicating to Clients the business's own appointment cancellation, no-show, and service refund policies.
• Ensuring that Clients have consented to having their payment method stored on file prior to charging their card for no-shows, late cancellations, or outstanding balances.
• Maintaining accurate business information, service listings, pricing, and staff assignments on the Platform.
• Complying with all applicable federal, state, and local laws in connection with the operation of their business, including consumer protection, payment processing, and data privacy laws.
• Ensuring clients are informed of and consent to SMS/email communications initiated through the Platform (see Section 17).

Staff & Stylist Responsibilities

Stylists and other staff members who use the Platform are individually bound by these Terms. Staff members must not:

• Access client data, payment information, or appointment records beyond what is required to perform their job duties.
• Charge a client's saved payment method without proper authorization from the business Owner or the client.
• Share their account credentials with any other person.
• Use the Platform to compete with or solicit the business's clients outside of their employment or engagement with the business.

Perceny, Inc. is Not a Party to Service Transactions

Owners agree to indemnify and hold Perceny, Inc. harmless from any claims, damages, or liabilities arising from their Staff's use of the Platform, the business's service transactions, or any violation of applicable law by the business or its staff. See Section 38 (Indemnification).

If you are a Client — a customer booking, paying for, or receiving services through a business that uses the Perceny, Inc. Platform — the following terms apply to you in addition to the rest of these Terms of Service.

Booking and Appointment Policies

When you book an appointment through the Platform, you are entering into a service agreement with the business, not with Perceny, Inc.. You are subject to the business's published cancellation, no-show, and late-arrival policies. It is your responsibility to review those policies before booking.

Public Booking Pages

Businesses may share a publicly accessible booking page powered by the Platform. When you submit a booking request through a public booking page — even without creating a Perceny, Inc. account — you agree to these Terms of Service and the business's stated policies. Any payment method provided during the public booking process is subject to the Card on File terms in Section 6.

Card on File Charges

Service Disputes

Any dispute regarding services received — including quality, pricing, refunds, or cancellations — is between you and the business. Perceny, Inc. is not responsible for the actions or inactions of businesses using the Platform and is not a party to any service transaction.

Reviews

Clients who have received services from a business may leave reviews on the Platform. Reviews must comply with Section 22 (Guidelines for Reviews) and must reflect an honest, firsthand account of your experience.

The Platform enables Business Users to issue and manage Gift Cards for their clients. The following terms apply to all Gift Cards issued through the Platform:

Issuance and Redemption

• Gift Cards are issued by the applicable Business User, not by Perceny, Inc.. Perceny, Inc. provides the technology to issue, track, and redeem Gift Cards on behalf of the business.
• Gift Cards are redeemable only for services or products offered by the issuing business through the Platform.
• Gift Cards may only be redeemed at the business that issued them and cannot be transferred across different business accounts.

No Cash Value

Non-Refundable

Gift Card purchases are non-refundable. Once a Gift Card is purchased, the value cannot be returned to the original payment method except where required by applicable state law.

Expiration & Fees (State Law Compliance)

Business Closure

Perceny, Inc. is not responsible for the value of Gift Cards issued by a business if that business ceases operations, closes its account, or becomes unable to honor the Gift Card. Disputes regarding unredeemed Gift Cards after a business closes must be directed to that business. We strongly encourage Gift Card holders to redeem their cards promptly.

Lost or Stolen Gift Cards

Perceny, Inc. and the issuing business are not responsible for lost, stolen, or unauthorized use of Gift Cards. Treat your Gift Card like cash. Contact the issuing business if you believe your Gift Card has been used without authorization.

Business Users may operate a rewards or loyalty points program for their clients through the Platform. The following terms govern the use of such programs:

No Cash Value

Non-Transferable

Rewards points are tied to a specific client profile within a specific business's account and cannot be transferred to another client, combined across different businesses, or converted to Gift Cards or cash.

Program Modification and Termination

The Business User who operates a rewards program reserves the right to modify, suspend, or terminate the program at any time, including changing point values, redemption rates, eligible services, or expiration rules. Accumulated points may be forfeited if a client's account is terminated for cause or if the business's account is closed. Perceny, Inc. is not liable for the loss of rewards points resulting from a business's modification or termination of its rewards program.

Expiration

Rewards points may expire as set by the Business User's program rules. Clients are responsible for monitoring their points balance and expiration dates through the Platform.

Perceny, Inc. may offer a referral program that allows Business Users to earn credits or rewards by referring new business accounts to the Platform. Participation in any referral program is subject to the following terms:

• Referral rewards are issued at Perceny, Inc.'s sole discretion and are subject to verification that the referred account is genuinely new and not previously registered.
• Referral rewards have no cash value and may only be applied as credits toward a Perceny, Inc. Subscription or Platform fees, unless otherwise stated in the specific program terms.
• Self-referrals, referrals using fraudulent information, or any attempt to game the referral system are prohibited and may result in disqualification from the program and account suspension.
• Perceny, Inc. reserves the right to modify, suspend, or terminate the referral program at any time without notice. Outstanding referral rewards that have been confirmed prior to termination will be honored for a reasonable period.
• Referral credits are non-transferable and expire upon account cancellation.

Transactional Communications

By providing your email address and/or phone number through the Platform, you consent to receive transactional communications from Perceny, Inc. and from businesses using the Platform, including:

• Appointment confirmations, reminders, and cancellation notices.
• Payment receipts, invoices, and outstanding balance notifications.
• Password resets and account security alerts.
• Operational notices required for the provision of Platform services.

These transactional messages are necessary for the operation of the Platform and cannot be fully opted out of while your account is active.

Marketing & Promotional Communications

Business User Obligations

You may not access or use the Platform for any purpose other than that for which we make it available. As a user of the Platform, you agree not to:

• Systematically retrieve data from the Platform to create or compile a database or directory without written permission from us.
• Trick, defraud, or mislead us and other users, especially to learn sensitive account information such as passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Platform.
• Disparage, tarnish, or otherwise harm us or the Platform.
• Use any information obtained from the Platform to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Platform in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorized framing of or linking to the Platform.
• Upload or transmit viruses, Trojan horses, or other malware.
• Engage in any automated use of the system, including data mining, robots, or scraper tools.
• Delete any copyright or other proprietary rights notice from any Content.
• Attempt to impersonate another user or use the username of another user.
• Interfere with, disrupt, or create an undue burden on the Platform or its networks.
• Attempt to bypass any access control measures of the Platform.
• Decipher, decompile, disassemble, or reverse engineer any of the software comprising the Platform.
• Use the Platform as part of any effort to compete with us or for any revenue-generating purpose not expressly permitted by us.
• Charge clients' saved payment methods for purposes not disclosed to or authorized by the client.
• Send unsolicited marketing messages through the Platform's messaging tools without the recipient's prior consent.
• Fraudulently initiate chargebacks for legitimate charges or misrepresent transactions to a card issuer.

The Platform may allow you to create, submit, post, display, or transmit content including text, photographs, comments, or other material (collectively, "Contributions"). When you create or make available any Contributions, you represent and warrant that:

• Your Contributions do not infringe any proprietary rights, including copyright, patent, trademark, or trade secret, of any third party.
• You are the creator and owner of or have the necessary rights to use and authorize us to use your Contributions.
• Your Contributions are not false, inaccurate, or misleading.
• Your Contributions are not unsolicited advertising, spam, or other forms of solicitation.
• Your Contributions are not obscene, lewd, harassing, libelous, or otherwise objectionable.
• Your Contributions do not violate any applicable law, regulation, or rule.

You retain full ownership of, and all intellectual property rights in, your Contributions. By posting Contributions to the Platform, you grant Perceny, Inc. a non-exclusive, royalty-free, worldwide, sublicensable (only to our service providers acting on our behalf) license to host, store, cache, copy, reproduce, display, transmit, adapt, reformat, and distribute your Contributions solely as necessary to:

• Operate, provide, and deliver the Platform and the features you have chosen to use (for example, displaying your business photos on your booking page, delivering messages you have authored, or showing reviews you have submitted).
• Display your Contributions to the audience you have chosen on the Platform (such as your clients, your staff, or visitors to your public booking page).
• Maintain backups, prevent abuse, and provide customer support related to your Contributions.
• Improve the Platform, including by analyzing aggregated and de-identified usage data derived from Contributions.
• Promote the Platform, but only by featuring de-identified excerpts or visual examples from publicly visible Contributions (e.g., a screenshot of a public booking page) in Perceny, Inc. marketing materials. We will not use your name, likeness, or identifying brand assets in marketing without your separate prior consent.

This license does not grant Perceny, Inc. the right to sell your Contributions to third parties, to license your Contributions to third parties for their independent commercial use, or to use your Contributions for any purpose unrelated to operating, providing, improving, or promoting the Platform. The license terminates with respect to a given Contribution when you remove it from the Platform or close your account, except that we may retain (a) reasonable backup copies for a commercially reasonable period and (b) copies necessary to comply with legal obligations, resolve disputes, or enforce these Terms.

You are solely responsible for your Contributions, including ensuring you have the necessary rights to grant the license above, and you expressly agree to exonerate us from any responsibility related thereto. We have the right, in our sole and absolute discretion, to refuse, edit, redact, or remove any Contributions at any time, with or without notice, if we believe in good faith that they violate these Terms or applicable law.

The Platform allows Clients and Business Users to leave reviews or ratings. When posting a review, you must comply with the following: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews must not contain offensive profanity, abusive, racist, or hate language; (3) your reviews must not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews must not contain references to illegal activity; (5) you must not post false or misleading statements; and (6) you may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. Reviews are not endorsed by us and do not represent our opinions. We do not assume liability for any review or for any claims or losses resulting from any review.

Use License

If you access the Platform via a mobile application, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on devices owned or controlled by you strictly in accordance with these Terms. You shall not: (1) decompile, reverse engineer, or decrypt the application; (2) make any modification or derivative work from the application; (3) violate any applicable laws in connection with your access or use; (4) remove, alter, or obscure any proprietary notice; (5) use the application for any revenue-generating purpose not authorized by us; or (6) use the application for creating a product that is competitive with our application.

Apple and Android Devices

The following terms apply when you use a mobile application obtained from the Apple App Store or Google Play (each an "App Distributor"): (1) the license granted is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems; (2) we are responsible for maintenance and support services for the application as specified in these Terms; (3) you represent and warrant that you are not located in a country subject to a U.S. government embargo and are not listed on any U.S. government list of prohibited or restricted parties; and (4) you acknowledge that App Distributors are third-party beneficiaries of the terms in this mobile application license section.

These Terms shall remain in full force and effect while you use the Platform. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE PLATFORM (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON, INCLUDING FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party. We reserve the right to take appropriate legal action, including pursuing civil, criminal, and injunctive redress.

Termination of a Business User's account does not relieve the Owner of any outstanding payment obligations owed to Perceny, Inc.. Upon termination, any unredeemed Gift Card balances, rewards points, or referral credits associated with the business account will be forfeited.

We reserve the right to change, modify, or remove the contents of the Platform at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Platform without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Platform.

We cannot guarantee the Platform will be available at all times. We may experience hardware, software, or other problems requiring maintenance, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Platform during any downtime.

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

FOR THE AVOIDANCE OF DOUBT, PERCENY, INC. IS NOT LIABLE FOR: (A) ANY AMOUNTS CHARGED BY A BUSINESS TO A CLIENT'S SAVED PAYMENT METHOD; (B) THE QUALITY OR NON-PERFORMANCE OF SERVICES RENDERED BY ANY BUSINESS; (C) DISPUTES ARISING BETWEEN A BUSINESS USER AND A CLIENT; (D) UNREDEEMED GIFT CARD OR REWARD BALANCES HELD BY A BUSINESS THAT CEASES OPERATIONS; (E) FAILED BNPL INSTALLMENT COLLECTIONS; OR (F) TCPA OR CAN-SPAM VIOLATIONS RESULTING FROM A BUSINESS USER'S MESSAGING PRACTICES.