Terms of Service
Welcome to the 1NailSystem Community
We're thrilled to have you join us! Our mission is to simplify your salon's documentation so you can focus on what you do best. As we grow together, these terms ensure a clear understanding of our professional relationship and mutual responsibilities.
1. Production Beta and Service Evolution
1NailSystem is currently in a Production Beta phase. We are committed to high reliability, but the Service is provided on an "AS IS" and "AS AVAILABLE" basis. We reserve the right to modify, suspend, or discontinue features of the Beta Service at any time to improve our tools for full commercial release.
2. TDLR Compliance and Record-Keeping
Our Service is designed to assist salon owners with record-keeping required by the Texas Department of Licensing and Regulation (TDLR). To ensure your protection:
- User Responsibility: While our system provides the structure for accurate documentation, the ultimate legal responsibility for the accuracy, completeness, and timely entry of all records remains with you as the professional Salon Owner.
- No Professional Advice: 1NailSystem is a documentation tool and does not provide medical, sanitation, legal, or professional compliance advice. Our logs and features are provided to help you organize your own practices.
- No Legal Guarantee: We do not guarantee that use of the Service will ensure compliance with any specific audit or inspection.
- Final Review: We encourage you to regularly review your digital logs to ensure they accurately reflect your actual salon practices and meet all current legal requirements.
3. Data Management and Retention
We respect the sensitivity of your business data. Our practices are as follows:
- Data Ownership: You retain all ownership rights to the business data, employee info, and logs you upload. 1NailSystem retains all rights, title, and interest in and to the Service, including the software, design, and all intellectual property.
- Retention Policy: Please note that Chair Records and sanitation logs are retained in our active system for a period of 65 days. It is your responsibility to export or print any records you require for long-term storage beyond this window.
- Backups: We perform automated nightly backups of our database to ensure system resilience. However, these backups are for disaster recovery and are not intended as a substitute for your own record retention. To the maximum extent permitted by law, our liability for any data loss is limited by the cap in Section 6.
- Privacy: We do not sell your data to third parties. Access to your records is limited to essential system administration and providing support at your request.
4. Intellectual Property
The 1NailSystem name, logo, and all related software and content are the exclusive property of 1NailSystem. You are granted a limited, non-exclusive license to use the Service for your internal business purposes only.
5. Acceptable Use
To maintain a safe environment, you agree not to: (a) use the Service for any unlawful purpose; (b) attempt to gain unauthorized access to our systems; (c) upload malicious code; or (d) interfere with the Service's performance for other users.
6. Service Availability and Updates
Updates and maintenance typically occur around 11:30 PM Central Time (Texas) to minimize disruption. While we strive for maximum uptime, the Service may be temporarily inaccessible during these windows.
7. Warranty Disclaimer and Limitation of Liability
Warranties: EXCEPT AS EXPRESSLY STATED, 1NAILSYSTEM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Exclusion of Damages: IN NO EVENT SHALL 1NAILSYSTEM BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, DATA LOSS, REGULATORY PENALTIES, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Liability Cap: To the maximum extent permitted by law, 1NailSystem's total aggregate liability for all claims arising from the Service is limited to the greater of: (a) the total fees paid by you in the 12 months preceding the claim; or (b) one hundred U.S. dollars ($100.00).
8. Force Majeure
We are not liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to: natural disasters, cyberattacks, cloud provider failures, strikes, or governmental actions.
9. Dispute Resolution and Mandatory Arbitration
These terms are governed by Texas law. Any dispute arising from these Terms will be settled by **binding arbitration** administered by the American Arbitration Association (AAA) under its applicable arbitration rules. The venue shall be Dallas, Texas.
- Class Action Waiver: You agree to resolve disputes on an individual basis and waive any right to participate in a class-action lawsuit.
- Small Claims: Qualifying claims may be brought in Dallas County Small Claims Court.
- Opt-Out: You may opt out of arbitration by notifying us in writing within 30 days of first accepting these terms.
- Severability: If any part of these Terms is found invalid, the remaining sections will remain in full effect.
10. Changes to These Terms
We may update these Terms from time to time. When we make material changes, we will notify you by updating the version number and requiring a new acceptance upon your next login. Your continued use of the Service after such changes constitutes your agreement to the updated Terms.
11. Termination
Either party may terminate this agreement at any time. Upon account closure or termination, you will have 30 days to export your data before it is permanently deleted from our systems.
12. Contact Information
If you have any questions about these Terms, please contact us at [email protected].