Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between NailVision ("Company", "we", "us", or "our"), an entity operating under the laws of the State of Texas, and the individual or business entity subscribing to or accessing our software services ("Customer", "Tenant", "Salon Owner", or "you"). By registering for an account, accessing tenant storefronts, uploading image assets, or utilizing any of our APIs, you acknowledge that you have read, understood, and agreed to be bound by these Terms.

2. Scope of Service & Multi-Tenant Architecture

NailVision provides a multi-tenant cloud Software-as-a-Service (SaaS) platform tailored for nail care salons and aesthetic studios. The services include digital color inventory cataloging, AI-assisted computer vision swatch boundary detection and extraction, AI-generated salon recommendations, and an Online-to-Offline (O2O) product storefront. Each salon operates as a distinct tenant segregated by logical tenant identifiers, Row-Level Security (RLS), and dedicated data partitions.

3. Accounts, Access & Salon Representative Authority

You must be at least eighteen (18) years of age and possess full corporate or individual legal capacity under Texas law to bind the business entity operating the salon. You agree to provide true, current, and accurate registration information and to maintain the absolute confidentiality of administrative credentials. You are strictly responsible for all activities occurring under your administrative and staff accounts.

4. AI Swatch Extraction, Computer Vision & Color Accuracy Disclaimers

Our platform incorporates automated computer vision algorithms, Delta E CIEDE2000 mathematical approximations, and third-party AI vision APIs to detect, crop, and categorize polish swatches:

• Digital approximation only. Color hex codes, delta distance metrics, and screen displays are solely digital approximations. Variations in salon physical lighting, camera sensors, ambient color temperatures, device displays, and physical polish application coats will cause visual divergence.
• Human-in-the-loop review. NailVision requires that salon owners and technicians inspect and confirm all bounding boxes, color codes, tags, and product associations prior to publishing on client-facing storefronts. NailVision expressly disclaims any liability for color mismatches, customer service dissatisfaction, nail re-dos, or loss of revenue arising from reliance on digital approximations.

5. Proprietary Dual-Wallet AI/SMS Credits & Dynamic Pricing

Certain platform operations (such as AI extraction, AI Stylist chats, background enhancement, and automated SMS communications) consume system resources governed by our Dual-Wallet system:

• Subscription allocation. Monthly plans allocate recurring monthly credits that automatically refresh and expire at the close of each billing cycle without carryover.
• Top-up credit packages. Non-recurring credits purchased through one-time top-ups roll over month to month. Credits are prioritized so that expiring monthly subscription credits are exhausted prior to depleting purchased top-up balances.
• No cash value & non-refundable. All credits, units, and tokens constitute revocable platform utility licenses having zero monetary value, cannot be redeemed for fiat currency, and are non-refundable upon purchase or account termination, except where a refund is required by applicable law.
• Rate limiting & anti-abuse. To prevent denial of service and resource hoarding, NailVision reserves the right to enforce automated rate limits, throttle execution speed, or temporarily restrict endpoints experiencing abnormal volumetric patterns.

6. Subscription Billing, Upgrades, Downgrades & Taxes

Platform subscriptions are processed via authorized third-party payment gateways (e.g., Stripe). All fees are stated in U.S. Dollars.

• Recurring billing. By selecting a recurring subscription (monthly or annual), you authorize recurring automatic charges to your designated payment method until affirmatively canceled via your billing management portal.
• Past due status. If a scheduled charge fails, your tenant account will transition to "Past Due" status. You will retain limited administrative access while automated retries occur. Failure to cure delinquent balances within fourteen (14) calendar days may result in account suspension or termination.
• State & local sales taxes. In accordance with the Texas Tax Code (including rules applicable to data processing and information services under Tex. Tax Code § 151.0101 and 34 Tex. Admin. Code § 3.330, and the statutory exemption for the first twenty percent (20%) of such charges), applicable Texas state and local sales and use taxes will be assessed and collected based on the billing location of the tenant salon, unless a valid resale or tax-exemption certificate is presented.

7. In-Salon QR Gating & End-Customer Data Handling

To curb external bot scraping and safeguard tenant AI compute quotas, customer-facing interactive features (such as the AI Nail Stylist chat) require in-salon physical authentication via QR code session validation. As a salon tenant, you represent and warrant that you have obtained all consumer consents required under applicable privacy and telemarketing laws — including the Texas Data Privacy and Security Act (TDPSA) and, for any SMS messaging, prior express written consent under the Telephone Consumer Protection Act (TCPA) — before submitting or collecting customer phone numbers, consultation logs, and styling preferences on our platform.

8. Intellectual Property & License Grants

• Platform IP. The NailVision core software, proprietary algorithms, database schemas, frontend design systems, training datasets, and trade dress remain the exclusive intellectual property of the Company and its licensors.
• Customer content. Tenants retain sole ownership of proprietary trademarks, raw polish photograph assets, custom salon brand identifiers, and manual notes uploaded to the platform ("Tenant Content"). Tenants grant NailVision a worldwide, non-exclusive, royalty-free license to host, process, resize, crop, and transmit Tenant Content strictly for the purpose of operating and maintaining the platform for that tenant. We do not use Tenant Content or end-customer photographs to train generative AI models.

9. Prohibited Platform Conduct

Tenants and their authorized users agree not to: (a) reverse engineer, decompile, or extract algorithmic source code from our APIs; (b) inject malicious payloads, SQL injection vectors, or automated web scraping scripts; (c) attempt to bypass multi-tenant Row-Level Security (RLS) policies; (d) execute unauthorized adversarial red-teaming or jailbreak prompts against integrated generative AI engines; or (e) utilize the platform to host defamatory, infringing, or illegal material.

10. Suspension & Termination of Accounts

We reserve the right to suspend or terminate any tenant account, with or without prior notice, upon: (a) material breach of these Terms; (b) failure to pay outstanding subscription dues; (c) fraudulent, abusive, or unlawful activities; or (d) court order or administrative directive issued by a competent Texas or federal regulatory authority. Upon termination, tenant storefronts will be taken offline and client access credentials revoked. Except in cases of fraud or legal compulsion, you may request an export of your color catalog and salon data within thirty (30) days of termination, after which the data may be permanently deleted.

11. Disclaimer of Warranties

THE NAILVISION PLATFORM, INCLUDING ALL AI VISION TOOLS, COMPUTER VISION ALGORITHMS, STOREFRONT EXTENSIONS, AND DUAL-WALLET APIS, IS PROVIDED STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER TEXAS LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, COMPLETELY ERROR-FREE, OR FREE OF LATENCY.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL NAILVISION, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO TENANT SALONS OR THIRD PARTIES FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF SALON GOODWILL, WORK STOPPAGE, OR SYSTEM DOWNTIME, REGARDLESS OF CAUSE. THE COMPANY'S AGGREGATE CUMULATIVE MONETARY LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS SHALL IN NO CIRCUMSTANCE EXCEED THE TOTAL FEES ACTUALLY PAID BY THE TENANT TO NAILVISION IN THE TWELVE (12) MONTHS PRECEDING THE OCCURRENCE GIVING RISE TO LIABILITY.

13. Indemnification

Tenant salons agree to defend, indemnify, and hold harmless NailVision, its subsidiaries, affiliates, officers, and employees from and against any third-party claims, liabilities, losses, damages, fines, and legal expenses (including reasonable attorney fees) arising out of or related to: (a) your violation of these Terms; (b) Tenant Content infringing upon third-party intellectual property or privacy rights; or (c) consumer disputes, injuries, or complaints occurring between your salon technicians and end patrons.

14. Governing Law, Mandatory Arbitration & Venue (Texas)

These Terms shall be governed by, construed, and enforced in accordance with the internal substantive laws of the State of Texas, without giving effect to any principles of conflicts of law.

• Informal resolution. Prior to filing formal arbitration, both parties commit to an informal good-faith negotiation period of at least thirty (30) days following written notice of dispute.
• Binding arbitration. Any controversy or claim arising out of or relating to these Terms or the breach thereof shall be settled exclusively by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Proceedings shall be conducted in Collin County, Texas, in the English language, before a single neutral arbitrator.
• Class action waiver. ALL CLAIMS MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

15. General Legal Provisions

Severability: if any provision of these Terms is deemed unlawful or unenforceable by an arbitrator or court of competent jurisdiction, that specific provision shall be severed without invalidating the remaining terms. No waiver: failure by NailVision to enforce strict compliance with any provision shall not constitute a waiver of such right. Changes to these Terms: we may update these Terms and will post the revised effective date on this page; material changes will be notified to tenant administrators by email or in-dashboard notice at least thirty (30) days before they take effect, and continued use of the platform after that date constitutes acceptance. Entire agreement: these Terms and any incorporated policies represent the final, complete, and exclusive agreement between the parties regarding platform use.

16. SMS Text Messaging Terms

By providing your mobile number and opting in (for example, by checking the SMS consent box at salon check-in), you agree to receive text messages sent by NailVision on behalf of the salon you choose, subject to these terms. Consent to receive text messages is not a condition of any purchase or service.

• Purpose. Messages include appointment confirmations, appointment reminders, and salon promotions and offers.
• Message frequency. Message frequency varies.
• Rates. Message and data rates may apply.
• Opt-out. Reply STOP to opt out at any time (STOPALL, UNSUBSCRIBE, CANCEL, END and QUIT also work). After you opt out you will receive no further messages unless you opt back in by replying START.
• Support. Reply HELP for support or contact us at legal@nailvision.app.
• Carrier liability. Carriers are not liable for delayed or undelivered messages.
• Privacy. Your mobile information is handled under our Privacy Policy. No mobile information will be shared with third parties/affiliates for marketing/promotional purposes.