These Bukkii Terms of Service constitute a legal agreement ("Agreement") between Bukkii, LLC. ("Bukkii," "we," "us" or "our") and you ("you" or "your"), and govern your use of the Services (as defined below), whether as an Account Owner, User, or otherwise. By accessing or using the Services or signing up for an account, you are agreeing to this Agreement.
Bukkii provides an online business management software platform and related services designed for nail salons or spas, and other beauty businesses. You can access our Services through the web-based application available at my.bukkii.io and the Bukkii mobile app (the "App")
This Agreement governs your access to and use of the Services. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, CREATING A LEGALLY BINDING CONTRACT BETWEEN YOU AND BUKKII. IF YOU ARE USING THE SERVICES ON BEHALF OF AN ENTITY, YOU ALSO AGREE TO THESE TERMS ON BEHALF OF THAT ENTITY. YOU REPRESENT AND AFTER THAT YOU (1) ARE AT LEAST 18 YEARS OLD, AND (2) HAVE THE LEGAL AUTHORITY TO ENTER INTO THIS AGREEMENT EITHER FOR YOURSELF OR, IF PUBLICABLE, ON BEHALF OF THE ENTITY YOU REPRESENT. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.
When you subscribe to the Services listed on the fees page and accept this Agreement (an “Order”), you become an “Account Owner” of the Services. Account Owners, along with any individuals who access or use the Services through their Account—whether via a Bukkii ID or otherwise, including but not limited to owners, employees, affiliates, partners, staff, or independent contractors—are collectively or individually referred to as “Users.” Any subscription or registration related to the Services (each, a “Subscription”) is governed by this Agreement.
Bukkii reserves the right to modify or update this Agreement at any time, at our sole discretion. Any changes or updates will take effect when a revised version of this Agreement is posted, with the updated terms becoming effective as of the “Last Updated” date above. Your continued use of the Services after Bukkii posts any changes signifies your acceptance of the updated Agreement terms. It is your responsibility to review the most current terms of this Agreement periodically, as they are binding on you.
1. Accounts
1.1 Account Eligibility. Your Account on the Bukkii Platform provides Account Owners and their Users access to the Services we offer, subject to the terms of this Agreement. As an Account Owner, you understand that your Account may only be accessed by you and the Users registered under your Account. The term “Account” refers to the unique account connecting the Account Owner to the Bukkii Platform and related Services. Each User must access the Account using their Bukkii ID. By creating or accessing an Account, you confirm that you are at least 18 years of age, capable of forming a binding contract with Bukkii, and not otherwise barred from using the Services under applicable laws or this Agreement. Accounts and Services may only be accessed and used for legitimate business purposes, either by or on behalf of an Account Owner authorized to operate in the states where it conducts business.
1.2 Account Information. You agree that, for any Accounts created on the Services, you will (a) provide accurate, current, and complete account and business information, (b) update your contact information to ensure you receive communications from us, and (c) maintain the security of your Account credentials. You acknowledge and agree that Bukkii reserves the right to verify any Account information you submit. Bukkii may suspend or terminate any Account, or any User associated with that Account, if incomplete, inaccurate, or false information is provided.
1.3 Account Owners’ Responsibility for Users and Clients.
A. The Account Owner is responsible for all activity occurring under or related to the Account Owner’s account, including managing all Users with access to the Account and all activities occurring under or connected with that Account, including those of Clients. Any reference in this Agreement to “access” or “use” of the Services (or similar phrases) includes access or use by Users or Clients, and any act or omission by a User or Client that does not comply with this Agreement will be deemed a breach of this Agreement by the Account Owner.
B. If you are an Account Owner:
(i) You and your Users must protect the credentials used to access your Account against unauthorized access, use, or disclosure, and must not disclose those credentials to individuals or entities not authorized to access the Account or Services;
(ii) You are responsible for ensuring that your Users and Clients comply with relevant provisions of this Agreement, including any acceptable use policies provided or made available by Bukkii, as well as all applicable local, state, national, and foreign laws, including those related to data privacy and the transmission of personal information, at all times while using the Services;
(iii) You are responsible for ensuring that you and your Users have the appropriate rights to interact with or contact Clients through the Services, in accordance with applicable laws and regulations.
- You agree to notify Bukkii immediately if you become aware of any unauthorized use of the Services or any other known or suspected security breach involving your Account.
- Bukkii reserves the right to take any action deemed necessary or reasonable to protect the security of the Services and your Account, including suspending access for you, your Users, or your Clients, issuing new access credentials, or requesting additional information to authorize activities related to your Account.
- If you are a User other than the Account Owner, you acknowledge and agree that your access to the Account and any Account Data may be terminated by the Account Owner at any time and at their sole discretion, including when your employment or any other relationship with the Account Owner ends.
- Notwithstanding the above, in certain situations, a User who is no longer employed by or otherwise associated with an Account Owner may be permitted by the Account Owner to continue accessing certain Account Data related to that User, including payroll and tax information, through their Bukkii ID. Any continued access to Account Data by former employees or Users is controlled solely by the Account Owner and will always remain subject to the terms and conditions of this Agreement, including but not limited to the restrictions and responsibilities outlined in Sections 2.3, 2.4, and 3.
- You will ensure that any products or services offered to Clients through any portion of the Services comply with applicable laws and provide all relevant notices to your Clients regarding such products and services, including with respect to subscriptions (and any associated cancellation rights) or other offerings.
1.4 Contacting You and Your Users.
We may contact you and your Users by email, SMS, text messaging, and push notifications, where applicable, regarding the Services. If you are an app user, standard message, data, and other fees may be charged by your carrier, and these charges, including any deductions from pre-paid amounts or data allowances, are your responsibility.
1.5 Account Owner Rights to Account Data.
Except as otherwise provided herein, between you and the Account Owner, the Account Owner retains ownership of all Account Data associated with the Account, which is provided, accessed, or otherwise used by you and each User provisioned to access such Account. If you are a User using the Services under the Account of an Account Owner, you acknowledge and agree that, as between you and the Account Owner, all Account Data is solely and exclusively owned by the Account Owner and not you. For clarity, the Account Owner, and not any other User provisioned to use such Account, will have the sole right to direct the transfer, use, deletion, export, and other processing of Account Data associated with such Account. This section does not supersede Bukkii’s rights concerning Aggregated Data or Bukkii Content as outlined herein.
2. Service
2.1 License to Access the Services.
Subject to the terms and conditions of this Agreement, upon implementation of the Services and activation of your Account, Bukkii grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services that you or your Account Owner subscribes to. This may include installing an object code copy of the app on mobile devices owned or leased solely by you, for your own lawful internal business purposes and in accordance with this Agreement and the Order for the applicable Services. This license will terminate immediately upon the termination of your Account, the Services, or this Agreement.
2.2 Support and Equipment.
Support for resolving general issues related to your use of the Services is available by contacting us via support@bukkii.com or through the chat function within your Account. You are responsible for making all arrangements and obtaining any necessary equipment to access the Services. You agree to provide us with timely access to information, consents, or other materials reasonably required to provide the Services. Until such access is provided, our obligation to provide those portions of the Services is excused. We are not responsible for providing support to your Clients. Updates to the Services are not guaranteed, but if an update is made available, you must fully install it by the date stated in Bukkii’s notice. Any future releases, updates, or functionality additions are subject to this Agreement.
2.3 Restrictions.
You and your Clients may only use the Services for legitimate business purposes. You must not, and must not enable or permit any third party (including any Client) to:
(a) License, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services or any content displayed on the Services;
(b) Modify, create derivative works of, disassemble, reverse compile, or reverse engineer any part of the Services;
(c) Access the Services to build a competitive product or service;
(d) Engage in any activity that interferes with the use of the Services or circumvents security features;
(e) Except as explicitly allowed herein, copy, reproduce, distribute, republish, download, display, or post any part of the Services;
(f) Submit infringing, obscene, defamatory, or otherwise unlawful content to the Services;
(g) Attempt to gain unauthorized access to the Services or related systems;
(h) Post or transmit any virus, malware, or harmful code;
(i) Systematically download or store content from the Services;
(j) Access the Services using an automated means like a bot;
(k) Use the Services to send unsolicited messages;
(l) Use the Services for personal, family, or household purposes.
All copyright and proprietary notices must be retained on all copies of the Services. Bukkii has the right to monitor all use of the Services to ensure compliance with this Agreement.
2.4 Prohibited and Restricted Businesses and Operations.
The Services are designed for licensed businesses in the beauty and wellness industry. The Services may not be used to engage in or promote illegal or fraudulent activities, harassment, or intellectual property infringement. The following activities and businesses are prohibited:
• Illegal products, services, or actions: including but not limited to illegal drugs, fake IDs, telecommunications manipulation, unlawful violence, and others;
• Infringing intellectual property: sales or distribution of counterfeit goods, unauthorized use of brand names, and infringement of third-party rights;
• Unfair, deceptive, or predatory practices toward consumers;
• Adult content and services: including pornography, prostitution, escort services, and adult entertainment;
• Firearms, explosives, and dangerous materials: including guns, ammunition, fireworks, and toxic chemicals.
Bukkii reserves the right to remove or reclaim any accounts, services, products, or content that violate these restrictions.
2.5 Beta and Demonstration Features.
Bukkii may, at its sole discretion, invite you to use pre-release or beta features that are not yet generally available. Additionally, you may have the opportunity to evaluate a demonstration version of the Services. Access to such features may be subject to additional terms and conditions. Any beta or demonstration features are considered proprietary information of Bukkii. BUKKII MAKES NO REPRESENTATIONS OR WARRANTIES THAT BETA OR DEMONSTRATION FEATURES OR SERVICES WILL FUNCTION, AND ANY USE OF BETA OR DEMONSTRATION FEATURES OR SERVICES IS AT YOUR SOLE RISK.
3. Your Responsibilities
3.1 Compliance with Applicable Laws.
You shall comply with all applicable federal, state, local, or foreign laws and regulations (“Applicable Laws”) in connection with your use of the Services. Furthermore, you are solely responsible for:
(a) All actions taken by you, and
(b) Ensuring your Users’ compliance with this Agreement.
3.2 Contacts and Account Data.
You are solely responsible for:
(a) Collecting and maintaining your Account Data in accordance with Applicable Laws;
(b) Providing notices and obtaining consents from your Users and Clients as may be required under Applicable Laws for the collection and processing of Account Data through the Services; and
(c) Ensuring that all marketing and promotional activities and the content of any communications made by you or your Users through the Services comply with Applicable Laws and this Agreement. Any advice, guidance, templates, or suggestions provided by Bukkii are solely for convenience, and you remain solely responsible for your own compliance with Applicable Laws and this Agreement. Bukkii’s assistance or advice with Services setup, configuration, or support does not constitute legal advice. You are responsible for obtaining independent legal review of your communications and other activities through the Services.
3.3 Communications Services.
The Services may include functionality enabling you to communicate with Clients and other individuals through email, SMS, MMS, or other messaging platforms (“Communications Services”). You are solely responsible for any use of the Communications Services by you, your Users, and Clients, including the content of any message or communication sent or received. You agree to:
• Comply with all laws governing communications, including but not limited to the U.S. CAN-SPAM Act, the U.S. Telephone Consumer Protection Act, Canadian Anti-Spam Legislation, and industry best practices such as CTIA’s Messaging Principles.
• Provide all notices and obtain all consents required under these laws from recipients.
You must not, and shall not permit any User or Client to:
(a) Use the Communication Services to impersonate others, or to communicate fraudulently or deceptively;
(b) Interfere with the operation of the Communication Services;
(c) Use the Communication Services to transmit or store illegal, harmful, or inappropriate content.
Bukkii and its service providers may collect and monitor message content transmitted through the Communications Services to ensure compliance with this Agreement and detect spam or fraudulent activity. Bukkii may provide technical measures to help you comply with communications laws, but you remain solely responsible for compliance.
3.4 Your Representations.
You represent and warrant that:
(a) You have the legal right and ability to enter into and perform under this Agreement;
(b) You are a business or nonprofit located in your applicable region and are eligible to use the Services;
(c) You comply with all necessary rights, consents, licenses, and approvals for your business;
(d) You ensure that your Users and Clients act consistently with this Agreement;
(e) Your use of the Services does not infringe third-party rights, and you have obtained all necessary permissions for your use of Account Data;
(f) You comply with Applicable Laws (including PCI DSS) regarding your business and your use of the Services;
(g) All information you provide, including Account Data, is accurate and complete;
(h) You will provide all necessary notices and consents for Bukkii to process your Account Data.
4. Ownership of the Services; Feedback
4.1 Ownership.
Bukkii provides a limited license to access and use the Services in accordance with this Agreement. Bukkii retains ownership and intellectual property rights to all materials used in connection with the Services, including software, designs, logos, and content (“Bukkii Content”). All rights not explicitly granted are reserved by Bukkii, including trademarks, copyrights, and patents. Use of Bukkii Content for any purpose not expressly permitted by this Agreement is strictly prohibited. You agree not to sell, license, modify, distribute, copy, or create derivative works from any Bukkii materials without written permission.
4.2 Feedback; Confidential Information.
If you provide feedback regarding the Services, Bukkii is free to use such feedback for any purpose, including improving and developing new products and services. You may be exposed to Bukkii’s confidential information, which must be kept in strict confidence. You may not disclose or use Bukkii’s confidential information for any purpose other than for the Services or providing feedback.
5. Data Use and Responsibilities
5.1 Account Data.
“Account Data” refers to all information and content submitted, uploaded, or transmitted through the Services by you, your Users, or Clients, excluding Aggregated Data and Bukkii Content. Account Data may include information about Clients, such as services booked, appointment records, payment information, and staff details.
5.2 Ownership of Account Data.
Bukkii claims no ownership over Account Data. You retain responsibility for your Account Data. However, you grant Bukkii a non-exclusive, perpetual, royalty-free license to use and process your Account Data for business purposes, including providing the Services and improving them. This license will survive termination of this Agreement.
5.3 Responsibility for Account Data.
You are responsible for ensuring that you have legal rights to all Account Data. You assume all risks associated with use of your Account Data, including its accuracy and any legal disputes. Bukkii will not intervene in disputes regarding Account Data ownership.
5.4 Aggregated Data.
Bukkii may generate and use Aggregated Data derived from Account Data or your use of the Services for business purposes, including improving the Services.
5.5 HIPAA
The Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) imposes rules for the protection of “Protected Health Information” or “PHI” as defined by HIPAA. You shall not provide any PHI to Bukkii or use the Services to process PHI unless you have both: (i) registered and paid to Bukkii the applicable fees for a HIPAA-Enabled Subscription Plan, and (ii) executed Bukkii’s Business Associate Agreement (“BAA”). A “HIPAA-Enabled Subscription Plan” refers to a subscription plan designated by Bukkii to include HIPAA Compliance as a feature on our website at www.bukkii.io/pricing. If you or any User is subject to HIPAA and wish to use the Services under a HIPAA-Enabled Subscription Plan to collect, store, or otherwise process PHI, you must notify Bukkii at support@bukkii.com or through the chat function within your Account, and we will provide you with Bukkii’s BAA to sign.
Your use of the Services to process PHI under a HIPAA-Enabled Subscription Plan shall at all times comply with the terms of the BAA and with any conditions, limitations, or configuration requirements described by Bukkii at www.bukkii.io/hipaa-compliance or otherwise within the App or your Account. If at any time you downgrade from a HIPAA-Enabled Subscription Plan to a Subscription plan that is not HIPAA-Enabled, you shall not, once the downgrade becomes effective, provide any further PHI to Bukkii or use the Services to process PHI.
5.6 Cardholder Data; PCI DSS
You are solely responsible for any liability resulting from your collection, use, and disclosure of Cardholder Data under your Accounts. You agree that you and each of your Users will comply with the applicable requirements of the Payment Card Industry Data Security Standard (“PCI DSS”) whenever you use the Services to process Cardholder Data.
5.7 Client and User Privacy
The Account Owner shall at all times make available to its Users and Clients any privacy notices or other documentation and obtain any consents or authorizations that are or may be required by Applicable Laws relating to privacy and consumer protection. Unless otherwise provided by Applicable Laws, the Account Owner is solely responsible for enabling, facilitating, and responding to its Users’ and Clients’ exercise of any rights available to them under applicable Privacy Laws with respect to Personal Information included in Account Data, including without limitation any rights to request access to, correction of, or deletion of such Personal Information. The Bukkii Data Processing Addendum, available here: www.bukkii.io/data-processing, the contents of which are incorporated by reference herein, will govern Bukkii’s and the Account Owner’s rights and obligations with respect to the processing of any Personal Information that is subject to Privacy Laws and that is included in Account Data.
6. Fees, Payment, and Billing
6.1 Fees and Payment.
Fees and payment terms for the Services will be as outlined in your Order. You agree to pay all fees specified in your Account or Order for the applicable Services, using a payment card or other digital payment method at the time of signup, in which case your payment method will be billed immediately. If the fees recur over specified periods as stated in the Order, payment is due prior to the start of each such period, and your payment method on file will be charged at the beginning of each billing cycle. All payments must be made in U.S. dollars to the account designated by Bukkii. If you fail to make any payment within 10 days after it is due, Bukkii may terminate your access to the Services (including access by your Users and Clients) without liability or notice to you, pursuant to Section 12, Termination and Suspension. Unless otherwise specified in this Agreement, payment obligations are non-cancelable and fees paid are non-refundable. You authorize Bukkii to obtain credit reports or conduct other background inquiries at any time to assess your eligibility to use the Services. Additionally, you authorize Bukkii to confirm that your payment method remains in good standing with your financial institution throughout your use of the Services.
6.2 Subscription Auto-Renewal; Refund.
When Bukkii offers Services on a subscription basis, including through various tier levels or pre-paid fees, your payment method will be billed at signup. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR ANOTHER TERM OF THE SAME LENGTH AS THE INITIAL TERM AT THE APPLICABLE TIER LEVEL OR PRE-PAID AMOUNT, (B) BUKKII (OR OUR THIRD-PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU FOR YOUR SELECTED SUBSCRIPTION, INCLUDING ANY APPLICABLE TAXES AND OTHER CHARGES, FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, AND (C) YOUR SUBSCRIPTION WILL REMAIN ACTIVE UNTIL YOU CANCEL IT OR BUKKII SUSPENDS OR TERMINATES ACCESS TO THE SERVICES OR SUBSCRIPTION IN ACCORDANCE WITH THESE TERMS. YOU MAY CANCEL YOUR SUBSCRIPTION BY NOTIFYING US AT support@bukkii.com OR THROUGH THE CHAT FUNCTION WITHIN YOUR ACCOUNT INTERFACE IN THE SERVICES. IF YOU CANCEL BEFORE THE END DATE OF YOUR CURRENT SUBSCRIPTION TERM, YOU WILL NOT BE ENTITLED TO A REFUND OF ANY AMOUNTS YOU HAVE ALREADY PAID, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You represent that you are authorized to use the payment method you provide to Bukkii. By submitting payment information, you authorize Bukkii or its third-party payment processors, including Stripe, Inc. and its affiliates (“Stripe”), to share that information with third parties as necessary to facilitate payment transactions. You agree to verify any information requested by Bukkii for the purpose of acknowledging or completing any payment.
6.3 Changes to Fees.
Bukkii may, from time to time, revise the fees for the Services, subject to providing you with 30 days’ prior notice via email to the email address we have on file for you as the Account Owner. By continuing to use the Services after any fee revisions become effective, you agree to be bound by the new fees. If you do not agree to the revised fees, you should discontinue your use of the Services or request deletion of your Account by contacting us at support@bukkii.com or through the chat function within your Account. Unless otherwise stated, any fee changes will take effect in the next billing cycle after the change becomes effective.
Feel free to adjust any specific details, such as contact information or payment terms, to better align with Bukkii’s policies and procedures. Let me know if you need assistance with any other sections or further customization!
6.4 Subscription Cancellation or Account Deletion
You may cancel your Subscription or delete your Account at any time by following the procedures within your Account or by contacting us at support@bukkii.com or through the chat function within your Account. Cancellation of your Subscription means you will no longer have access to your Account or your Account Data. If you cancel your Subscription, you may reinstate your Account by contacting us, but you may not have access to your previous Account Data, especially if it has been archived (archiving occurs within six (6) months of your cancellation). Deletion of your Account means we will handle your Account Data in accordance with Section 12, deleting or retaining such data under our retention policies.
You must cancel your Subscription or delete your Account prior to your next billing cycle to avoid charges for the following billing cycle. If you do not cancel your Subscription or delete your Account before your next billing cycle, you will be automatically charged for the subsequent period. All fees for your monthly Subscription are non-refundable. You acknowledge that you are not entitled to a pro-rated refund of any fees paid for the monthly Subscription cycle during which you request cancellation or deletion. For any questions related to your billing cycle, please log into your Account to view your billing information or contact us at support@bukkii.com or through the chat function within your Account.
6.5 Taxes
All fees and other amounts payable under this Agreement are exclusive of taxes, levies, duties, and similar assessments imposed by applicable taxing authorities. Without limiting the foregoing, the Account Owner is responsible for all sales, use, excise, and other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental or regulatory authority on any amounts payable by the Account Owner hereunder, other than any taxes imposed on Bukkii’s income.
6.6 Free Trial
Bukkii may make certain Services available for evaluation purposes free of charge. Such free trials are subject to any terms and conditions communicated to you at the time you initiate the trial. Bukkii may terminate a free trial at any time at its sole discretion.
6.7 Billing Disputes
If you believe Bukkii has incorrectly charged fees, you must contact us in writing within thirty (30) days of receiving the relevant invoice or billing statement. Failure to notify Bukkii of a billing issue or dispute within this timeframe means you waive your right to dispute the charge.
6.8 Collection of Fees and Other Amounts
Bukkii may, at any time, offset refunds, returns, credits, chargebacks, and other fees or amounts owed by you to Bukkii against amounts Bukkii owes to you, or invoice you for those amounts. If any excess payment has been made to you for any reason, Bukkii reserves the right to adjust or offset the same against any subsequent amounts payable to you. If you fail to pay invoiced amounts when due, Bukkii may, to the extent permitted by applicable law, deduct, recoup, or set off those amounts from your account balance that Bukkii reasonably determines is associated with you or your affiliate.
6.9 Overdue Charges
Any amounts not received by the applicable due date may accrue late interest at the lesser of (a) 1.5% of the outstanding balance per month, or (b) the maximum interest permitted by Applicable Laws, plus costs of collection. Any amount not received by Bukkii within 30 days after the due date will be considered a material default under this Agreement, potentially resulting in suspension or termination of the Services by Bukkii. All amounts payable to Bukkii under this Agreement shall be paid in full without any setoff, recoupment, counterclaim, deduction, debit, or withholding for any reason (other than any deduction or withholding of tax as required by Applicable Laws).
7. Third-Party Services; App Store Terms
7.1 Third-Party Services
The Services may link to, provide access to, or operate with applications, websites, or services provided by third parties not affiliated with Bukkii, including but not limited to payment processing services (“Third-Party Services”). These Third-Party Services are provided for your convenience only, and Bukkii does not approve, endorse, or recommend any Third-Party Services to you. Your access and use of any Third-Party Service are at your own risk, and Bukkii disclaims all responsibility and liability for your use of any Third-Party Service. We shall have no liability arising from or relating to your use of Third-Party Services. By using or enabling any Third-Party Services in connection with your use of the Services, you expressly permit Bukkii to disclose your Account Data and other information about you and your use of the Services as necessary to facilitate your use of the Third-Party Services. YOUR USE OF THIRD-PARTY SERVICES IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS, AND POLICIES APPLICABLE TO SUCH THIRD-PARTY SERVICES (SUCH AS THE TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD-PARTY SERVICES). BUKKII MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THIRD-PARTY SERVICES, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
You agree to resolve any disagreements between you and a third party regarding the Third-Party Services directly with that third party, in accordance with the terms and conditions of your relationship with them.
7.2 App Store Terms
To use our App, you must have a mobile device that is compatible with it. We do not warrant that the App will be compatible with your mobile device. You acknowledge that we may issue upgraded versions of the App and may automatically upgrade the version of the App that you are using on your mobile device electronically, but we have no obligation to do so. You consent to such automatic upgrading on your mobile device and agree that the terms and conditions of this Agreement will apply to all such upgrades.
You acknowledge and agree that the availability of the App depends on the third party from whom you download the App (the Apple App Store, Google Play, or other app store or distribution platform, collectively “App Provider”). To use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Provider in connection with the App. You acknowledge that this Agreement is between you and Bukkii, not with the App Provider. Bukkii, not the App Provider, is solely responsible for the App, including its content, maintenance, support services, and warranty, as well as addressing any claims relating to the App (e.g., product liability, legal compliance, or intellectual property infringement). Your license to use the App is conditioned upon your compliance with all applicable third-party terms of agreement (e.g., the App Provider’s terms and policies) when using the App. The App Provider is a third-party beneficiary of this Agreement as it relates to your use of the App, and the App Provider will have the right to enforce this Agreement against you. You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country by the U.S. Government, and you are not listed on any U.S. Government list of prohibited or restricted parties.
8. Indemnification
You agree to defend, indemnify, and hold harmless Bukkii and its affiliates, representatives, and each of their respective directors, officers, employees, and agents (collectively, the “Bukkii Parties”) from and against any claims, liabilities, costs, and expenses, including reasonable attorneys’ fees and other costs arising from your or your Users’ or Clients’ use of the Services, your Account Data, your violation of Applicable Laws, infringement or misappropriation of third-party intellectual property rights, any contractual or other relationship between you and any of your Clients or other parties, any fees, fines, refunds, returns, chargebacks, or other liabilities imposed by payment processors like Stripe, or your actual or alleged breach of this Agreement (and any agreement with Stripe or any third party), or any other act or omission by you or your Users, including your violation of any rights of another, arising from the use of the Services, any purchase, sale, or other transaction between you and a third party; or any dispute or issue between you and another party, including Stripe or any of your Clients. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim and to reimburse us for the reasonable costs and expenses thereof.
9. Disclaimers
THE SERVICES AND ALL FEATURES, CONTENT, FUNCTIONS, SOFTWARE, PRODUCTS, AND MATERIALS PROVIDED ON OR THROUGH THE SERVICES OR THE APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND BUKKII (AND PROVIDERS OF THIRD-PARTY SERVICES AND SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. NEITHER WE NOR OUR SUPPLIERS MAKE ANY WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF BOTH BUKKII AND THE BUKKII PARTIES.
WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON OR THROUGH THE SERVICES AT ANY TIME AND WITHOUT PRIOR NOTICE. WE WILL NOT BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON OR THROUGH THE SERVICES. UNDER NO CIRCUMSTANCES DOES YOUR USE OF THE SERVICES FORM ANY RELATIONSHIP (OTHER THAN THE CONTRACTUAL RELATIONSHIP CREATED BY THIS AGREEMENT), WHETHER IMPLIED OR EXPRESS, WITH BUKKII. BUKKII HEREBY DISCLAIMS ANY SUCH RELATIONSHIP AND ANY LIABILITY ARISING AS A RESULT OF YOUR USE OF ANY CONTENT CONTAINED ON OR THROUGH THE SERVICES.
IT IS POSSIBLE FOR OTHER USERS OF THE SERVICES TO OBTAIN PERSONAL INFORMATION ABOUT YOU DUE TO YOUR USE OF THE SERVICES, AND THE RECIPIENT MAY USE SUCH INFORMATION TO HARASS OR INJURE YOU. WE ARE NOT RESPONSIBLE FOR THE USE BY OTHER USERS OF THE SERVICES OF ANY PERSONAL INFORMATION THAT YOU DISCLOSE THROUGH THE SERVICES.
BUKKII TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ACCOUNT DATA, OR LOSS OF DATA OR DAMAGE TO YOUR COMPUTER OR OTHER SYSTEMS THAT RESULTS FROM YOUR USE OF THE SERVICES. CUSTOMERS ARE SOLELY RESPONSIBLE FOR BACKING UP ACCOUNT DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BUKKII OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
10. Limitation of Liability; Third-Party Disputes
10.1 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL BUKKII OR THE BUKKII PARTIES’ TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES EXCEED THE AMOUNT OF FEES, IF ANY, ACTUALLY PAID BY YOU TO BUKKII FOR YOUR USE OF THE SERVICES IN THE THREE (3) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE. THE FOREGOING LIMITATIONS ARE CUMULATIVE AND NOT PER INCIDENT AND SHALL APPLY EVEN IF ANY REMEDIES UNDER THIS AGREEMENT FAIL THEIR ESSENTIAL PURPOSE. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) APPLY WITH RESPECT TO BOTH BUKKII AND THE BUKKII PARTIES. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SERVICES.
IN NO EVENT WILL BUKKII OR THE BUKKII PARTIES HAVE ANY LIABILITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, HOWEVER CAUSED, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF USE, DATA OR OPPORTUNITIES, COST OF DATA RECONSTRUCTION, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. THIS APPLIES WHETHER IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICES OR THIRD-PARTY SERVICES, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICES, ANY LOST BUSINESS OR SALES, ANY INTERRUPTION, INACCURACY, ERROR, OR OMISSION, EVEN IF BUKKII OR THE BUKKII PARTIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE BUKKII PARTIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT TRANSMITTED, EXCHANGED, OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT BUKKII HAS SET ITS FEES AND ENTERED INTO THIS TERMS OF SERVICE IN RELIANCE UPON THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REFLECT AN ALLOCATION OF RISK BETWEEN THE PARTIES (INCLUDING THE RISK THAT A CONTRACT REMEDY MAY FAIL OF ITS ESSENTIAL PURPOSE AND CAUSE CONSEQUENTIAL LOSS) AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
10.2 Third-Party Disputes
Bukkii has no responsibility for any dispute between you and your Users or Clients. Bukkii will have no liability for any damages of any kind, under any theory of law, that relate to your relationship with a User or Client, even if Bukkii has been advised of the possibility of such damages. BECAUSE BUKKII IS NOT INVOLVED IN THE PROVISION OF ANY SERVICES BY YOU OR YOUR USERS, YOU HEREBY RELEASE AND FOREVER DISCHARGE THE BUKKII PARTIES 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 OR CLIENT, WHETHER ONLINE OR IN PERSON, WHETHER RELATED TO THE PROVISION OF THE SERVICES OR OTHERWISE.
11. Hosting
The Services are hosted in the United States. You acknowledge and agree that when you use the Services, your Account Data may be received in or transferred to locations outside the jurisdiction in which you are located. The laws and regulations in these locations may differ from the jurisdiction where you are located and may not provide the same level of protection compared to the laws in your jurisdiction.
12. Export
You will comply with all applicable export laws, restrictions, and regulations of the U.S. Department of Commerce, the U.S. Department of Treasury Office of Foreign Assets Control, or other United States or foreign agencies or authorities. You agree not to use the Services to export, or allow any export or re-export, in violation of any such restrictions, laws, or regulations. You represent and warrant to Bukkii that you are not a prohibited party or located in, under the control of, or a national or resident of any restricted country. You further agree to comply with all applicable export control laws and not to submit to the Services any information controlled under the U.S. International Traffic in Arms Regulations. If you reside outside the United States, you also agree to comply with any relevant export control laws in your local jurisdiction.
13. Entire Agreement; Construction; Assignment
This Agreement, together with any ordering documents we provide and enter into with you, constitutes the entire agreement between you and us with respect to the subject matter hereof and supersedes any and all prior understandings and agreements between us regarding such subject matter. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.” This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Bukkii’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Bukkii may freely assign this Agreement, and in such case, this Agreement shall be binding upon assignees.
14. Waiver and Severability
No waiver of any provision of this Agreement by Bukkii will be effective unless it is in writing and signed by Bukkii. No waiver by either party of any breach or default under this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of this Agreement is held by a court of competent jurisdiction contrary to law, that provision will be modified by the court and interpreted so as to best accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement will remain in full force and effect.
15. Relationship of the Parties
This Agreement does not, and will not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Bukkii.
16. Copyright/Trademark Information
Copyright © 2024 Bukkii. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of the third party that may own the Marks.
17. Definitions
• Aggregated Data means anonymized, de-identified, or aggregated data derived by or through the operation of the Services that is created by or on behalf of Bukkii in compliance with Applicable Laws and that does not reveal any personally identifying information and is not reasonably linkable to an individual person or their households.
• Cardholder Data means Clients’ payment card numbers, expiration dates, and associated cardholder names as entered into the Services by you, your Users, or your Clients.
• Client means an individual who is a client of the applicable Account Owner or its Users and who books nail salon appointments with, purchases products and services from, or whom the applicable Account Owner or User communicates with or targets through the Services, or whose information is otherwise collected through the Services by the Account Owner or its Users.
• Documentation means online user guides, documentation, and help and training materials, as may be updated by Bukkii from time to time, provided by Bukkii as part of the Services.
• Bukkii ID means the User ID and password established by or for a User for the purpose of accessing and using the Services on behalf of one or more Account Owners.
• Bukkii Platform means Bukkii’s online software platform and tools to help manage the business and services of Account Owners and facilitate interaction with Clients.
• PCI DSS means the then-current version of the Payment Card Industry Data Security Standard, as made available by the PCI Security Standards Council at pcisecuritystandards.org.
• Personal Information means any information relating to an identified or identifiable natural person, including information that constitutes “personal information” or “personal data” under applicable Privacy Laws.
• Privacy Laws means any United States federal or state laws or regulations that relate to the privacy, confidentiality, integrity, availability, or security of Personal Information, including without limitation the California Consumer Privacy Act as amended by the California Privacy Rights Act (CPRA), Cal. Civ. Code §§ 1798.100 et seq.; the Virginia Consumer Data Protection Act, Va. Code Ann. §§ 59.1-575 et seq.; the Colorado Privacy Act, Colo. Rev. Stat. §§ 6-1-1301 et seq.; the Connecticut Data Privacy Act, Conn. Gen. Stat. §§ 42-515 et seq.; and the Utah Consumer Privacy Act, Utah Code Ann. §§ 13-61-101 et seq., and in each case any regulations and guidance that may be issued thereunder.
• Services means, collectively, the Bukkii mobile application, the Bukkii Platform, and any software, functionality, tools, and services provided by Bukkii through the foregoing, related Documentation, and any other products or services provided by Bukkii.
Last Updated: Oct 2024