Terms of Service

These Terms of Use are a legal document designed to protect your rights and the rights of Jonathan Tropper (hereafter, the Developer), with regards to the BarberUP service, software, documentation, and incidental intellectual property (hereafter, BarberUP). Using BarberUP constitutes acceptance of these terms — if you do not consent to the terms, please contact the Developer to have your account cancelled.

Description of Service and Parties:

BarberUP is a service consisting of a website, mobile app, and text message automation. The website is a place to find barbers and book appointments, the mobile app is for barbers to manage appointments, and text messages are automated on behalf of appointments.

You may not use the service if you are under 13 years of age.

Description of Agreement:

These terms of service are available online at http://barberup.com/terms-of-service - We may update them at any time, with no notice to you. Continuing to use the service after we have updated them constitutes acceptance of the new Terms of Service.

Customer Payments:

BarberUP provides credit card processing on behalf of barbers. BarberUP provides means to securely store customer credit cards. Barbers agree to charge credit cards only in the presence of customers. Barbers agree to show the customer the final amount to allow the opportunity tip and authorize the transaction.

Barber Payments:

BarberUP usage is currently free of charge. For credit card transactions, a twenty-five cent fee is collected on top of the fees owed to Stripe. Developer reserves the right to change this policy at any time, and will do so with clear notice of the new terms. Developer specifically does warrant that payment features currently in the software will continue to be in the software indefinitely.

Intellectual Property Rights:

All rights in BarberUP, the website, mobile, app, and related documentation are owned and/or licensed by the Developer. You are hereby granted a non-exclusive right to make use of the service, and (if appropriate) to interoperate with the service through such mechanisms as we may provide for you to do so. Your license to use the service does not entitle you to ownership of the underlying intellectual property.

Prohibited Actions:

You are forbidden from:

  1. Using the service in a manner contrary to the law.
  2. Using the service in any manner which disrupts Developer’s operations or any other users’ use of the service.
  3. Using the service to send messages other than those related to barber appointments.
  4. Importing, entering, or storing contact details in the service for any person from whom you do not have explicit consent to record contact details.
  5. Knowingly using the service to record information about, or contact, anyone under 13 years of age.

Taking any forbidden action with the service immediately terminates your license to use the service.

Termination Of Service:

Developer may terminate your use of the service at any time, for any reason. Developer may deny anyone use of the service at any time, for any reason. You may cancel your use of the service at any time, either through the service itself or by sending an email to support@barberup.com.

Limitation Of Liability:

THE SERVICE IS SOLD “AS IS” AND “WITH ALL FAULTS”. THE DEVELOPER MAKES NO WARRANTY THAT IT IS FREE OF DEFECTS OR IS SUITABLE FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL THE DEVELOPER BE RESPONSIBLE FOR LOSS OR DAMAGES ARRISING FROM THE USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE CUSTOMER IS SOLELY RESPONSIBLE FOR ENSURING THAT THEIR USE OF THE SOFTWARE IS IN ACCORDANCE WITH THE LAW OF THEIR JURISDICTION.

Privacy:

Developer makes commercially reasonable attempts to protect the privacy of data you enter into the service. This includes encryption of data in between You and the service, commercially reasonable efforts to secure the machines the service operates on, and legal and technical means to restrict access to data to only persons authorized by You or the Developer. Developer does not warrant that these measures will necessarily satisfy any particular legal requirement in your jurisdiction. Developer will not expose data which you enter to other parties with the following exceptions:

  1. Developer will, in the ordinary course of service, transmit data regarding text messages to Nexmo, a service which Developer has contracted with to provide text message services to You.
  2. Developer will obey lawful instructions to disclose information issued by any competent jurisdiction.
  3. Developer will obey lawful instructions to disclose information, about any party which you record information about or contact, to their own persons, their legal representatives, or their guardians, on proof to Developer’s satisfaction about their identity. Developer will likewise correct or remove information on file about them at their request.

Developer expressly disclaims confidentiality of any information which is transmitted via text message (SMS). It is an unavoidable aspect of these methods of communication that information included in them can be intercepted and recorded by third parties, including parties other than those you intend the information to be received by. You understand and acknowledge this, and hold the Developer harmless for any disclosure of information included contained in or used to address a text message. You further understand and acknowledge that these methods of communication are not appropriate for all uses. You are solely responsible for ensuring that your communications and use of the service are appropriate, including that they satisfy privacy laws in your jurisdiction, including but not limited to health, education, and consumer privacy laws.