By accessing or using Hair Client History (the "Website," "Service," or "Application"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Service. These Terms constitute a legally binding agreement between you and Fishdarn LLC ("Company", "we", "us", or "our"), the operator of Hair Client History.

Hair Client History is a subscription-based record keeping application designed for hair care professionals and related businesses. The Service is available as a web application and through companion iOS and Android apps. The Service allows users to store, organize, and manage client records, service history, formulations, techniques, photos, and other business-related information, to import client lists from CSV files, to export Your Data, and to participate in our referral program. The Service includes an AI-powered feature that uses Google Gemini to draft summaries of client services when you request them. After the free trial period, access to the main features of the Service requires an active paid subscription.

If you download our iOS or Android app from an app store, the terms of that app store (such as Apple's or Google's terms of service) also apply to your use of the app. In the event of a conflict between those terms and these Terms regarding the app store's own requirements, the app store's terms control as to that requirement.

To use the Service, you must:

• Be at least 18 years of age

• Create an account with accurate and complete information

• Maintain an active paid subscription (after the free trial period)

You are solely responsible for determining whether use of the Service is lawful in your jurisdiction, and for complying with all applicable local laws including data protection, tax, and consumer protection regulations.

You are responsible for maintaining the confidentiality of your account credentials, including your password, any passkeys registered to your account, your two-factor authentication device, and your recovery codes, and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account or any other breach of security.

We offer a single subscription plan available at two pricing tiers (monthly and annual). Current pricing is available on our website and may be modified at our discretion.

• Subscriptions are billed on a recurring basis (monthly or annually, depending on your selected plan)

• You authorize us to charge your payment method automatically at the beginning of each billing cycle

• All fees are non-refundable except as required by law or as expressly stated in these Terms

• You are responsible for providing current, complete, and accurate billing information

• If payment fails, we may suspend or terminate your access to the Service

We reserve the right to change subscription prices at any time. We will provide at least 30 days' notice of any price increases. Your continued use of the Service after the price change takes effect constitutes your acceptance of the new price.

New users receive a 30-day free trial period. No payment information is required to start your free trial. Continued access to the main features of the Service after the trial requires an active paid subscription. If you do not subscribe, you will lose access to the main features of the Service when your trial ends, but your account and Your Data are kept until you delete your account, as described in Section 5.4.

You may cancel your subscription at any time through your account settings or by contacting us. Cancellation will take effect at the end of your current billing period. After a paid subscription ends, you will lose access to the main features of the Service, but your account and Your Data are kept until you delete your account, as described in Section 5.4. No refunds will be provided for partial billing periods.

• Each account has a personal referral link that you may share with other hair stylists

• When a stylist who signed up using your link becomes a paying subscriber, we apply a one-time credit to your account billing balance for that referral, which is used toward future subscription charges

• Referral credits have no cash value, cannot be transferred, and are not refundable

• You may not refer yourself or create accounts for the purpose of earning credits. We may withhold or reverse credits and suspend accounts we reasonably believe are abusing the program

• We may change or end the referral program at any time

You retain all ownership rights to the data, records, and content you store in the Service ("Your Data"). You grant us a limited license to store, process, and display Your Data solely for the purpose of providing the Service to you.

You are solely responsible for:

• The accuracy, legality, and appropriateness of Your Data

• Maintaining backup copies of Your Data

• Complying with all applicable laws regarding client data, including privacy laws and data protection regulations (such as GDPR, CCPA, HIPAA where applicable, and state-specific privacy laws)

• Obtaining necessary consents from your clients to collect, store, and process their information

• Obtaining explicit consent from clients before photographing them and storing their images in the Service

• Informing your clients that their data may be processed using third-party artificial intelligence services (Google Gemini) for analysis and summarization features

• Informing your clients that photos are stored on third-party servers (Cloudflare R2) but are NOT processed by AI services

• Using the photo sharing feature responsibly and only sharing client photos when you have proper authorization

• Protecting client confidentiality and privacy in accordance with applicable laws and professional standards

Your Data may be processed by third-party service providers, including Google Gemini for AI-powered features and Cloudflare R2 for photo storage. See our Privacy Policy for details on how third-party services process your data.

While we implement reasonable security measures to protect Your Data, we cannot guarantee absolute security. You acknowledge that you use the Service at your own risk.

• If you create an account but do not verify your email address within 7 days, your account will be automatically deleted

• We keep your account and Your Data until you delete your account. We do not delete accounts because they are inactive or because your free trial or subscription has ended. The exceptions are accounts we terminate under Section 14 and cases where the law requires deletion

• If your free trial or subscription has ended, you will not be able to use the main features of the Service, but you may sign in to export Your Data, delete your account, or subscribe again

• When you delete your account, your account and all associated data will be permanently and automatically deleted and cannot be recovered

• Payment and invoice records held by our payment processor, Stripe, are kept for tax and accounting purposes and are not deleted with your account

• Deleted data may remain in routine backups for up to 7 days before those backups expire

• We strongly recommend regularly exporting your data as a backup measure

• Client photos uploaded to the Service are stored on Cloudflare R2 via Laravel Cloud

• Photos are stored separately from other data and are NOT processed by artificial intelligence services

• Photos are displayed in the Service only to you when you are signed in, and photo files use randomly generated file names that cannot be guessed. The storage location is publicly reachable, so anyone who has the direct link to a photo can view it

• You have the ability to share photos at your discretion through the Service

• You retain all ownership rights to photos you upload

• By uploading photos, you grant us a limited license to store, display, and transmit photos solely for the purpose of providing the Service to you

• You represent and warrant that you have obtained all necessary consents and rights to upload and store client photos

• Photos are subject to the same retention and deletion schedule as your other data (see Section 5.4)

• You are responsible for ensuring photos comply with our Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Store any illegal, harmful, or offensive content

• Upload photos of clients without their explicit consent

• Upload photos of minors without proper legal authority and parental consent

• Upload sexually explicit, nude, or inappropriate photos

• Upload photos that violate anyone's privacy, publicity, or other rights

• Share client photos without proper authorization from the client

• Store data of minors without proper legal authority and consent

• Violate any applicable laws, including but not limited to privacy laws, data protection regulations, and professional licensing requirements

• Use the Service to spam, harass, or harm others

• Attempt to gain unauthorized access to the Service or other users' accounts

• Interfere with or disrupt the Service or servers

• Use automated scripts, bots, or scrapers to access the Service

• Reverse engineer, decompile, or attempt to extract the source code of the Service

• Resell, sublicense, or redistribute access to the Service

• Share your account credentials with others

The Service, including its design, features, functionality, software, and all related intellectual property rights, is owned by Fishdarn LLC and is protected by copyright, trademark, and other intellectual property laws.

Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your business purposes.

You may not copy, modify, distribute, sell, or lease any part of the Service, nor may you reverse engineer or attempt to extract the source code of the Service.

Your privacy is important to us. Our Privacy Policy explains how we collect, use, store, and protect your personal information and Your Data. By using the Service, you consent to our data practices as described in our Privacy Policy.

As a user storing client information, you are responsible for complying with all applicable data protection and privacy laws in your jurisdiction, including obtaining necessary consents and providing required privacy notices to your clients. This applies regardless of whether you are a licensed professional or operate in any specific capacity.

The Service uses third-party service providers to deliver certain features and functionality, including Google Gemini AI for drafting summaries of client services on request (photos are NOT sent to AI services), Cloudflare R2 via Laravel Cloud for photo storage, payment processors for subscription billing, and Laravel Cloud for application hosting and data storage. When you use the Service, Your Data may be processed by these third-party providers in accordance with their respective terms of service and privacy policies. We maintain contractual agreements with these providers to protect your data, including Data Processing Addendums where applicable. For detailed information about how third-party services process your data, please refer to our Privacy Policy.

We strive to maintain high availability of the Service, but we do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We may add, change, or remove features. We will make reasonable efforts to notify you of significant changes that materially affect your use of the Service.

We may perform scheduled or emergency maintenance that temporarily interrupts Service availability. We will attempt to provide advance notice of scheduled maintenance when possible.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

• THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE

• THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS

• ANY ERRORS OR DEFECTS WILL BE CORRECTED

• YOUR DATA WILL BE COMPLETELY SECURE OR NEVER LOST

• AI-GENERATED SUMMARIES AND ANALYSES WILL BE ACCURATE, COMPLETE, OR ERROR-FREE

AI-POWERED FEATURES: The Service includes AI-powered features that may sometimes provide inaccurate, incomplete, or unexpected results. You should review and verify all AI-generated content before relying on it or using it in your business. AI-generated summaries are provided for informational purposes only and should not be solely relied upon for business or professional decisions.

YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING BACKUP COPIES OF YOUR DATA.

TAX OBLIGATIONS: We are not responsible for determining, collecting, or remitting any taxes, duties, VAT, GST, or similar charges that may apply to your use of the Service in your jurisdiction. You are solely responsible for all such obligations arising from your use of the Service.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FISHDARN LLC (OPERATOR OF HAIR CLIENT HISTORY) SHALL NOT BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES

• LOSS OF PROFITS, REVENUE, DATA, OR USE

• LOSS OF CLIENT INFORMATION OR BUSINESS RECORDS

• BUSINESS INTERRUPTION

• COST OF SUBSTITUTE SERVICES

• ERRORS, INACCURACIES, OR OMISSIONS IN AI-GENERATED CONTENT OR SUMMARIES

• RELIANCE ON AI-GENERATED CONTENT OR ANALYSES

ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

You agree to indemnify, defend, and hold harmless Fishdarn LLC (operator of Hair Client History), its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use of the Service

• Your violation of these Terms

• Your violation of any rights of another party

• Your violation of any applicable laws or regulations

• Your Data or any content you store in the Service

• Your business practices or failure to comply with client privacy obligations

You acknowledge that:

• Hair Client History is a record-keeping tool with AI-powered features and does not provide professional, legal, or business advice

• AI-generated summaries and analyses are provided for informational purposes only and should be reviewed for accuracy before relying on them

• You are solely responsible for your business decisions, professional practices, and client services

• We do not verify the accuracy of information you store in the Service or information generated by AI features

• We are not liable for any errors, client harm, business losses, or legal issues resulting from your use of the Service or reliance on AI-generated content

• You must comply with all applicable laws, regulations, and professional standards that apply to your business or profession

• You are responsible for informing your clients that their data may be processed using artificial intelligence and obtaining any necessary consents

• If you are a licensed professional, you remain subject to all licensing requirements, regulations, and professional standards of practice in your jurisdiction

You may cancel your subscription at any time as described in Section 4.5.

We may suspend or terminate your account immediately, without prior notice or liability, if:

• You breach these Terms

• Your payment fails

• You engage in fraudulent or illegal activities

• We are required to do so by law

• We decide to discontinue the Service

Upon termination:

• Your right to use the Service will immediately cease

• You will lose access to Your Data stored in the Service, which we may delete as described in Section 5.4

• You remain liable for any outstanding fees

• Provisions that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the new Terms on this page with an updated "Effective Date"

• Sending an email to your registered email address

• Displaying a prominent notice on the Service

Your continued use of the Service after the effective date of the modified Terms constitutes your acceptance of the changes. If you do not agree to the modified Terms, you must cancel your subscription.

Minor corrections, clarifications, or updates that do not materially affect your rights or obligations under these Terms may be made without prior notice, though the effective date will always be updated to reflect any changes.

You may export Your Data from the Service at any time from your account settings. Exports are delivered as a downloadable file through a secure, time-limited link, and we will email you when your export is ready. We recommend regularly exporting Your Data as a backup measure. Upon request, we will provide Your Data in a commonly used, machine-readable format, subject to technical limitations and legal restrictions.

These Terms shall be governed by and construed in accordance with the laws of the State of Georgia, United States, without regard to its conflict of law provisions.

Any dispute arising from these Terms or your use of the Service shall first be attempted to be resolved through good faith negotiations. If negotiations fail, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

You agree to resolve disputes with us on an individual basis and waive any right to participate in a class action lawsuit or class-wide arbitration.

If you are accessing the Service from outside the United States, you agree that: (a) the laws of the State of Georgia govern these Terms to the fullest extent permitted by applicable law; (b) you waive any right to invoke the consumer protection or data protection laws of your home jurisdiction against us, to the extent permitted by law; and (c) any dispute must be brought individually in accordance with Section 17.2. Nothing in this section limits rights that cannot be waived under mandatory applicable law.

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Fishdarn LLC concerning your use of the Service and supersede any prior agreements.

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, pandemics, or government actions.

If you have any questions about these Terms or the Service, please contact us at:

Fishdarn LLC
Hair Client History
Email: [email protected]
Address: 3953 Franks Ct, Tucker, GA 30084