IN PARTICULAR, BEAUTY SERVICE PROVIDERS AND THEIR CLIENTS SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE CITIES, STATES AND COUNTRIES. SOME STATES HAVE LAWS THAT REGULATE COSMETOLOGY AND COSMETOLOGY-RELATED SERVICES. IN MANY STATES, BEAUTY SERVICES PROVIDERS MUST BE LICENSED BEFORE THEY ARE ABLE TO COMMERCIALLY PROVIDE BEAUTY SERVICES. PENALTIES MAY INCLUDE FINES OR OTHER ENFORCEMENT. BEAUTY SERVICE PROVIDERS AND THEIR CLIENTS SHOULD REVIEW LOCAL LAWS BEFORE PROVIDING BEAUTY SERVICES OR BUYING SERVICES ON GLOSSGENIUS.
The GlossGenius Services GlossGenius is a platform that powers the services and businesses of beauty and other professionals (collectively or individually, the “Professionals”) and facilitates interaction with clients seeking such services and Professionals (collectively or individually, the “Clients”). Such Professionals and Clients are both users of the GlossGenius Services and may be collectively or individually referred to herein as “Users”.
Your GlossGenius account gives you access to the GlossGenius Services that we may establish and maintain from time to time and in our sole discretion. You may never use another User’s account without permission. When creating your account and/or using the GlossGenius Services, you must provide accurate, complete and appropriate information. You additionally acknowledge and agree that you will not intentionally omit and/or misrepresent any facts or material information and that if there are any such occurrences of knowingly omitted and/or misrepresented facts or information, you will promptly rectify them. You consent that GlossGenius has the right to verify any such information submitted by you. GlossGenius has the right to suspend or terminate any User that provides incomplete, inaccurate or untrue information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify GlossGenius immediately by email at firstname.lastname@example.org of any unauthorized use of your account. You understand and agree that you are solely responsible for compliance with any and all applicable laws, rules, regulations and tax obligations that may apply to your use of the GlossGenius Services and your GlossGenius account, including any and all products and services you may provide or make available through our Site and App.
In the event you provide feedback, suggestions or any information related to the GlossGenius Services, you acknowledge and agree that we can use them without restriction and without any need to remunerate or otherwise compensate you for them.
In addition to the above information related to your GlossGenius Account as a User of the GlossGenius Services, You agree to not post any images containing written text or text overlays. Images may not have symbols or text-images anywhere in the photo, including but not limited to shapes, logos, or emoticons, etc. GlossGenius reserves the right to remove or hide or change any images without notice.
GlossGenius reserves the right to remove or reclaim any such account information provided by you if we believe that such information is offensive, inappropriate, unclear or otherwise violates trademark rights and other third party rights. You additionally confirm upon creating an account that you are either a legal resident of the United States, a United States citizen or a business entity authorized to do business by the states in which you operate. You may only use the GlossGenius Services and your Account for business purposes in the fifty United States of America and the District of Columbia. This is applicable to US-based Users only and international Users are required to comply with applicable international law. If you are a Professional creating an Account, you certify that you are, or if you are a salon, merchant or other business entity, you certify that all of your employees, independent contractors or agents who are providing Services each are licensed professionals and that all business information provided to describe you or them is correct. In addition, you certify that you are duly licensed to provide the Services “in-home” or outside of your place of business should such Services be advertised as so.
Your Subscription to the GlossGenius Services commences on the date that you sign up for a Subscription. Unless otherwise stated at the time of sign up, each Subscription runs on a one-month cycle (“Subscription Period”) and will automatically renew monthly until you notify GlossGenius via the GlossGenius Services or by email to email@example.com of your decision to terminate or unless we otherwise terminate the Subscription. You will be billed on the monthly anniversary of the date during which your Subscription first began. For example, if your Subscription begins on April 29th, it will renew on May 29th, June 29th, and so on. If your Subscription begins on a date that is not present in every billing cycle (e.g. the 31st), you will be billed on the last day of every month. GlossGenius may change the timing of our billing and we reserve the right to modify the schedule at which you will be billed. The amount billed to you each month may vary due to promotional offers and/or changing your Subscription plan and you acknowledge these variations and authorize GlossGenius to bill you as necessary.
GlossGenius reserves the right to adjust the Subscription pricing at any time and for any reason upon fourteen (14) days prior notice. Unless otherwise stated, any price change to the Subscription and your membership will be in effect on your next billing cycle. To continue to use the GlossGenius Services, you must agree to any change in fees. If you do not agree to any change in fees, you must cancel your account by following the appropriate cancellation policies or notifying firstname.lastname@example.org. You acknowledge that GlossGenius reserves the right to garner feedback as to why you are cancelling your account.
GlossGenius may offer trial memberships for varying lengths which may include free or discounted access to the Subscription during such trial period. GlossGenius reserves the right to end the availability of trial memberships at any time and for any reason. After the trial period, you acknowledge that your membership will automatically convert to a regular monthly Subscription at the provided for price unless cancelled at least 48 hours prior to the end of your trial period. You may cancel your Subscription by following the appropriate cancellation procedures within the GlossGenius Services or contacting email@example.com. You acknowledge that GlossGenius reserves the right to garner feedback as to why you are cancelling your account.
You may cancel your Subscription at any time. If you choose to cancel with more than 48 hours notice prior to your next billing cycle, you will not be charged for the ensuing month of the Subscription. For any questions related to your individual billing cycle, please log onto your account to view your billing cycle information or contact us at firstname.lastname@example.org .
You acknowledge that you are ineligible for a pro-rated refund or any amount of the Subscription Fees paid for the then-current monthly subscription cycle at which you cancel. After cancelling, you will only have access to the GlossGenius Services through the end of your current billing cycle.
GlossGenius may offer services for an additional fee that may help Professionals grow their business and facilitate deeper connection and interaction between a Professional and his/her Clients.
Except for any User Content (as defined in Section 9 below) as between you and us, we or our licensors, as applicable, own, solely and exclusively, all rights, title and interest in and to the GlossGenius Services, all the content (including, without limitation, text, photographs, graphics, audio, visual, and audiovisual content), code, data and materials thereon, the look and feel, design and organization of the GlossGenius Services, and the compilation of the content, code, data, and materials on the GlossGenius Services, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the GlossGenius Services does not grant to you ownership of any content, code, data, or materials you may access on or through the GlossGenius Services. The provision of the GlossGenius Services does not transfer to you or any third party any rights, title or interest in or to any GlossGenius or GlossGenius’ licensors intellectual property rights.
You grant GlossGenius a non-exclusive, transferable, perpetual sub-licensable, royalty-free, worldwide license to use any User Content that you display, post or submit on or through the GlossGenius Services. In addition, you give us permission to use your name, profile picture and other User Content in connection with the commercial or sponsored content served or enhanced by us or our third party partners without any compensation to you.
By permitting your image to be taken in connection with the GlossGenius Services and/or uploading your image, you consent to use of your likeness or image for any reason, including, but not limited to in connection with the commercial advertising and offering of the GlossGenius Services.
By using the GlossGenius Services, you expressly consent and agree to accept and receive communications from us, including via email, text message (SMS), calls, and push notifications to the cellular telephone number you provided to us. By consenting to being contacted by GlossGenius, you understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of GlossGenius, including but not limited to: operational and transactional communications concerning your account, use of the GlossGenius Services, and appointments; updates concerning new and existing features on the Site or App; promotional communications, including communications about special events, contests, sweepstakes, offers or surveys run by us or our third party partners, and news concerning GlossGenius. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the GlossGenius Services. You may opt out of receiving promotional or marketing texts or calls from GlossGenius at any time by contacting us as indicated below or, if applicable, following the instructions contained in the message.
In addition, if you may permit, through the permission systems used by your mobile device, that we access the names and contact information such as emails and phone numbers in the address book on your device so that we can communicate with your contacts about or in connection with the GlossGenius Services, you represent that all such contacts have consented to receive informational and marketing email, text message (SMS) and calls from you.
You will only use the application in connection with a device that you own or control; You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the application; In the event of any failure of the application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’ sole warranty obligation to you will be to refund to you the purchase price, if any, of the application; You acknowledge and agree that GlossGenius, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the application; You acknowledge and agree that, in the event of any third party claim that the application or your possession and use of the application infringes that third party’s intellectual property rights, GlossGenius, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim; You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties; and Both you and GlossGenius acknowledge and agree that, in your use of the application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use.
IT IS POSSIBLE FOR OTHER USERS OF THE GLOSSGENIUS SERVICES TO OBTAIN PERSONAL INFORMATION ABOUT YOU DUE TO YOUR USE OF THE GLOSSGENIUS SERVICES OR SERVICES, AND THAT THE RECIPIENT MAY USE SUCH INFORMATION TO HARASS OR INJURE YOU. WE ARE NOT RESPONSIBLE FOR THE USE BY OTHER USERS OF THE GLOSSGENIUS SERVICES OF ANY PERSONAL INFORMATION THAT YOU DISCLOSE ON THE SERVICES OR THROUGH THE GLOSSGENIUS SERVICES.
GLOSSGENIUS MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY, SUITABILITY, RELIABILITY, TIMING, DURABILITY, LEGALITY, OR ANY OTHER ASPECT OF THE SERVICES OFFERED OR PROVIDED BY PROFESSIONALS OR REQUESTED BY CLIENTS THROUGH USE OF THE GLOSSGENIUS SERVICES WHETHER IN PUBLIC, PRIVATE, OR OFFLINE INTERACTIONS OR ABOUT THE ACCREDITATION, REGISTRATION OR LICENSE OF ANY PROFESSIONAL.
GLOSSGENIUS EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN USERS RELATED TO OR ARISING FROM USE OF THE GLOSSGENIUS SERVICES. BECAUSE GLOSSGENIUS IS NOT INVOLVED IN THE ACTUAL INTERACTIONS BETWEEN PROFESSIONALS AND CLIENTS OR IN THE PROVISION OF ANY SERVICES, YOU HEREBY RELEASE AND FOREVER DISCHARGE GLOSSGENIUS AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, WHETHER KNOWN OR UNKNOWN, CONTINGENT OR LIQUIDATED, ARISING FROM OR RELATED TO ANY DISPUTE OR INTERACTIONS WITH ANY OTHER USER, WHETHER ONLINE OR IN PERSON, WHETHER RELATED TO THE PROVISION OF SERVICES OR OTHERWISE.
The GlossGenius Referral Program (“Referral Program”) is offered by GlossGenius, Inc. (“GlossGenius”) and provides users (“GlossGenius User”) who are interested in referring their friends or contacts (“Referrers”) the opportunity to refer eligible individuals to join the GlossGenius community as new GlossGenius Users. These Program Rules apply to both referrers and referred GlossGenius Users, so please read carefully to understand your respective rights and obligations.
The GlossGenius Referral Program allows registered GlossGenius Users to earn promotional coupon credits (“GlossGenius Credit”) toward future use of the GlossGenius platform and rewards (“GlossGenius Rewards”). In addition, these Program Rules also govern the participation of other constituents that may be part of the GlossGenius community (collectively, the “Community”). GlossGenius reserves the right to review and deny participation to any constituent of the Community that may not be a GlossGenius User, in addition to this same right for GlossGenius Users.
To participate, GlossGenius Users must agree to these terms, which are part of the GlossGenius Terms of Service.
To be eligible to participate in the Referral Program as a referrer, you must (a) be a legal resident of the United States; (b) be at least 18 years of age; and (c) maintain a GlossGenius account in good standing. An account in good standing is one that is not delinquent on payments currently or in the past and has not served to violate any of the other GlossGenius Terms. However, if you violate the Referral Program Rules or any applicable Terms of Service, GlossGenius may suspend or terminate your ability to participate in the Referral Program under any or all of your accounts. For example, if you engage in prohibited referral activity under your account, GlossGenius may terminate your ability to participate in the Referral Program under any additional GlossGenius accounts you may have.
Under the Referral Program, GlossGenius may provide you with a unique code (“GlossGenius Code”), normally through a designated GlossGenius URL to distribute to eligible individuals to become new GlossGenius Users. GlossGenius may also provide you the ability to create additional GlossGenius Codes. GlossGenius owns all rights in and to any GlossGenius Code whether provided to you or created by you. You acknowledge and agree that: (a) GlossGenius may limit the number of GlossGenius Codes you may create or are made available to you, (b) you have no ownership rights in any form over the GlossGenius Codes, and (c) GlossGenius may reclaim, deactivate, invalidate or terminate your GlossGenius Code at any time at its discretion.
A. Referred GlossGenius Users
You may refer eligible individuals to become new GlossGenius Users on the GlossGenius Platform. In order to be eligible for a Referral Reward (defined below) for a new GlossGenius User, the person must (i) have never previously created a GlossGenius account; (ii) be at least 18 years of age, and (iii) satisfy the applicable Reward Criteria, as discussed below. If these conditions are met, the person shall be considered your “Referred User.”
B. Invitations through the GlossGenius Platform
C. Other Invitations
You may also invite individuals to become new GlossGenius Users by distributing your GlossGenius Code directly and instructing them to manually input your GlossGenius Code into the GlossGenius App. A Referee will not be able to apply your GlossGenius Code if (i) they’ve already applied another GlossGenius User’s GlossGenius Code or a different promotion code, (ii) they’ve already received GlossGenius credit from GlossGenius or another source on their GlossGenius User account prior to entry of your GlossGenius Code, or (iii) they create an account with GlossGenius prior to entering your GlossGenius Code if they start their account without entering your GlossGenius Code, even if they are on a free trial. Note that any GlossGenius User that has previously created account is ineligible for redemption of the GlossGenius Code. If a GlossGeniusUser does not sign up through your GlossGenius code via your unique GlossGenius URL or enter your GlossGenius Code, as applicable and if available inside the app, you will not receive attribution for the referral and they will not be considered your Referred User. GlossGenius reserves the right to supply new GlossGenius Users with GlossGenius Credit or sign-on bonuses at its discretion.
You are eligible to earn a referral incentive (“Referral Reward”) for each Referred User that you refer to the GlossGenius Platform (subject to certain maximum limits and the other terms in these Referral Program Rules). As discussed above, in order to qualify as your Referred User, the new GlossGenius User must satisfy the applicable Reward Criteria. The Reward Criteria are set by GlossGenius in its sole discretion and are subject to change at any time. The Reward Criteria may vary by market or within a particular market, or within any particular subset of the GlossGenius user base. GlossGenius, at its sole discretion, may make available certain promotions with different Reward Criteria or Referral Rewards to other GlossGenius Users or prospective GlossGenius Users. These promotions, unless offered to you, shall have no bearing whatsoever on your Agreement or relationship with GlossGenius. If the new GlossGenius User that you refer satisfies the Reward Criteria, the type of Reward you are eligible to receive may depend on any factors as determined and communicated by GlossGenius.
B. Earning Rewards for Referred Users
New GlossGenius Users you refer may receive GlossGenius credit upon creating their new GlossGenius account (“GlossGenius Credit”). GlossGenius Credit is only valid for use on the GlossGenius Platform and is not transferable or redeemable for cash. GlossGenius Credit may contain certain restrictions such as expiration dates, organizational limitations or geographical use limitations which will be communicated to the new GlossGenius User. New GlossGenius Users can check with the GlossGenius Supportteam to determine whether they have any GlossGenius Credit and any restrictions on its use. In order to satisfy the Referral Criteria, the referred User must activate their GlossGenius before the GlossGenius Credit expires, but in no event later than 2 months (60 days) from the creation of their GlossGenius account. For purposes of clarity, activating a GlossGenius account means that a trialing User is now an active, paying subscriber of the GlossGenius Platform. An active, paying subscriber is one that has made a payment, not in the form of a GlossGenius Credit, to the GlossGenius Platform for use of the GlossGenius Services. GlossGenius Credit and Referral Rewards, and any other associated GlossGenius Rewards, will only be granted to accounts that 1) are in good standing, 2) are active & subscribing (paying) members of GlossGenius and 3) comply with all other Terms of the Referral Program. All terms and conditions for the distribution and use of GlossGenius Credit are determined by GlossGenius in its sole discretion.
C. Rewards Given Only For Referred Users that Become Active, Subscribing Users of the GlossGenius Platform
A referred User or a GlossGenius User can only earn a Referral Reward credit when a referred User has 1) successfully completed the free trial period offered by GlossGenius or in conjunction with any other partners and 2) has become an active paying subscriber to the GlossGenius Platform with an account that is in good standing. An active, paying subscriber is one that has made a payment, not in the form of a GlossGenius Credit, to the GlossGenius Platform for use of the GlossGenius Services. All GlossGenius Credits and Referral Rewards will be applied the following month after the referred User completes his or her first subscription payment to the GlossGenius Platform. All terms and conditions for the distribution and use of GlossGenius Credit are determined by GlossGenius in its sole discretion.
D. Additional Referral Rewards Information
Attribution for a Referred User will only be given once the trial period is over and that Referred User has become a paying, subscribing member of GlossGenius. Attribution through a Referral Reward will be denied to a) Users referring themselves or creating multiple accounts and or duplicate accounts for the purposes of this Referral Program, b) Users referring Referred Users for which there is elevated churn levels that signify fraudulent abuse of the program, c) Users that have referred multiple professionals on one paying account (i.e. a salon that has one paying relationship with GlossGenius (sole account holder) but has several professionals on the system).
E. Elevated Abandonment of GlossGenius Accounts
If GlossGenius, in its sole right to investigate, finds that more than 30% of your Referred Users have abandoned their account after a period of only 2 months (includes free trial plus one paying month), GlossGenius reserves the right to withhold Referral Rewards, GlossGenius Credit or GlossGenius Rewards from you and your account. In addition, if GlossGenius finds suspicious or fraudulent activity related to more than 30% of your Referred Users that have abandoned their account after a period of only 2 months, GlossGenius reserves the right to reduce the number of Referred Users previously attributed to you, as applicable.
F. Referrals Will Be Granted for One Key Account Holder
GlossGenius Credit, Referrals Reward and GlossGenius Rewards are attributable based on a Referred User that is the key account holder with GlossGenius. For example, if a professional refers a salon with 5 employees, but that salon has only one key account holder with GlossGenius (one account pays the monthly subscription), then only one referral credit will be granted, not 5 (number of employees). GlossGenius reserves the right to review and monitor these, as applicable.
G. Maximum Rewards for Referred Users
The maximum amount of Referral Rewards that GlossGenius will pay for Referred Users is $1,000 per week (either in cash, GlossGenius Credit, fair market value of the GlossGenius Rewards, or a combination of the three). This maximum Referral Reward amount shall apply across all of your GlossGenius accounts. You may not create multiple GlossGenius accounts to circumvent the Referral Reward maximum, and GlossGenius may withhold or deny any amounts above the maximum Referral Reward. GlossGenius reserves the right to change this maximum amount, and it is your responsibility to review the Referral Program Rules for the current maximum limits.
H. Resolving Disputes over Referrals
Only one person can earn a Referral Reward for a single Referred User. In the event that multiple persons claim credit for a particular referral, GlossGenius has full discretion to determine which person earned such referral according to GlossGenius systems. Note that GlossGenius will attribute Referral Rewards to the account connected with the GlossGenius Code, unless extenuating evidence applies. This will be reviewed on a case by case basis and review and arbitration is in the sole discretion of GlossGenius.
I. Reservation of rights
GlossGenius reserves the right to withhold or deduct Referral Rewards or GlossGenius Credit obtained or GlossGenius Rewards through the Referral Program in the event that GlossGenius determines or believes that the receipt of the Referral Reward or GlossGenius Credit or GlossGenius Reward was in error, fraudulent, illegal, or in violation of these Referral Program Rules or any other applicable agreement between you and GlossGenius.
J. Referral Credits & GlossGenius Rewards
GlossGenius Credits and any GlossGenius Rewards offered in conjunction with the GlossGenius Referrals Program may only be redeemed via the GlossGenius App, Site and Related Services. GlossGenius Credit will automatically appear as a monthly credit on a User’s invoice the following month after a Referred User Activates. GlossGenius Credit or any GlossGenius Rewards cannot be transferred, substituted or requested in any other form. They have no cash value and may not be transferred or exchanged for cash. GlossGenius Credits and GlossGenius Rewards may not be earned by creating multiple GlossGenius accounts. Any GlossGenius Credits or GlossGenius Rewards accrued in separate GlossGenius accounts may not be combined into one GlossGenius account.
If for any reason you believe there is a discrepancy regarding your GlossGenius Credit or GlossGenius Rewards, lease contact us. GlossGenius may require you to submit additional information in order to make a final determination regarding your balance. All decisions regarding your balance will be final and at GlossGenius’s sole discretion. You are responsible for any Tax consequences, if any, that may result from your redemption or use of GlossGenius Credits or any associated GlossGenius Rewards.
In connection with your participation in the Referral Program, you expressly agree to the restrictions listed below. When distributing, promoting or communicating your GlossGenius Code(s) you agree that:
The following terms shall also apply to your participation in the Referral Program.
GlossGenius may suspend or terminate the Referral Program or a user’s ability to participate in the Referral Program at any time for any reason.
We reserve the right to suspend accounts or remove GlossGenius Credit, Referral Rewards or GlossGenius Rewards if we notice any activity that we believe is abusive, fraudulent, or in violation of the GlossGenius Terms of Service or Payments Terms of Service. We reserve the right to review and investigate all referral activities and to suspend accounts or modify referrals in our sole discretion as deemed fair and appropriate.
The scope, variety, and type of services and products that you may obtain by redeeming GlossGenius Credits and GlossGenius Rewards can change at any time.
We can update the terms of the Referral Program at any time without prior notice. If we modify these terms, we will post the modification on the GlossGenius.com website, applications, or services, which are effective upon posting. Continued participation in the Referral Program after any modification shall constitute consent to such modification.