Terms of Service

1. Definitions

• "User" is any person who accesses, browses, or in any way uses the Site. The terms "You," "Your," and "Yourself" refer exclusively to You as a User of the Site.
• The terms "We," "Us," "Our," and "Simpli Nail" refer exclusively to LSTMJ Investment and its product Simpli Nail.
• "Content" means text, images, photos, audio, video, and all other forms of data or communication. "Your Content" means Content that You submit or transmit to or through the Site.
• "Services" means all products, features, tools, and services offered by Simpli Nail through the Site, including but not limited to appointment scheduling, point-of-sale features, client management, and marketing tools.

2. Eligibility and Account Registration

You must be at least eighteen (18) years of age to use the Site. By using the Site, You represent and warrant that You are at least 18 years old and have the legal capacity to enter into this User Agreement.

To access certain features of the Services, You may be required to create an account. When creating an account, You agree to provide accurate, current, and complete information about Yourself. You are responsible for maintaining the confidentiality of Your account credentials, including Your password, and for all activities that occur under Your account. You agree to notify Us immediately of any unauthorized use of Your account.

You may not create an account using false or misleading information, create multiple accounts for the same individual, or use another person's account without their permission. We reserve the right to suspend or terminate any account that violates these terms.

3. Account Types

3.1 Individual User Accounts

Individual User accounts allow consumers to browse businesses listed on Simpli Nail, book appointments, leave reviews, and manage their personal profiles. By creating an Individual User account, You agree to use the Services only for lawful, personal, and non-commercial purposes unless otherwise permitted.

3.2 Business Accounts

Business accounts are available to authorized representatives of nail salons, beauty businesses, and other service providers who wish to use Simpli Nail's business management tools. In creating or updating a Business Account, You must be an authorized representative of the business in question, and You must provide complete and accurate information about Yourself and the business You represent.

Your Business Account accepts these terms and will hold harmless and indemnify Us from any claim, suit, or action arising from or related to the use of the Site or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs, and attorneys' fees.

4. User Content

4.1 Responsibility for Your Content

You assume all risks associated with Your Content, including but not limited to anyone's reliance on its accuracy, quality, reliability, completeness, or usefulness, or any disclosure by You of information in Your Content that makes You personally identifiable.

You represent that You own, or have the necessary permissions to use, and authorize the use of, Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Simpli Nail.

4.2 Prohibited Content

You may expose Yourself to liability if Your Content violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, or right of publicity; contains material that is false, intentionally misleading, or defamatory; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

4.3 License to Your Content

By submitting Your Content to the Site, You grant Simpli Nail a non-exclusive, worldwide, royalty-free, transferable, sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Content in connection with operating and improving Our Services. This license continues even if You stop using Our Services, to the extent Your Content has been shared with others or incorporated into the Services.

We reserve the right to remove any Content that We believe, in Our sole discretion, violates this User Agreement or is otherwise objectionable.

5. Prohibited Activities

You agree not to, and will not assist, encourage, or enable others to use the Site to:

1. Violate any applicable law, regulation, or ordinance;
2. Violate any third-party rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
3. Submit or transmit any nude images, pornography, or illegal content;
4. Solicit personal information from minors or harm or threaten to cause harm to minors;
5. Modify, adapt, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site, Site Content, or other User Content, except as expressly authorized by Simpli Nail;
6. Reverse engineer any portion of the Site, except as may be permitted under applicable law;
7. Remove or modify any copyright, trademark, or other proprietary rights notice on the Site or any Content;
8. Use any robot, spider, site search/retrieval application, or other automated device, process, or means to access, retrieve, scrape, or index any portion of the Site or any Content;
9. Interfere with or disrupt the Site, servers, or networks connected to the Site, or violate any requirements, procedures, policies, or regulations of networks connected to the Site;
10. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity; or
11. Use the Site for any purpose that is fraudulent, unlawful, or otherwise harmful to Us or other Users.

6. Appointments and Bookings

As part of the Services offered by the Site, Simpli Nail permits its Users to make appointments with certain businesses. In the event that a User elects to reserve an appointment with a business on the Site, the User agrees that he or she will arrive at the designated appointment.

In the event that the User is unable to make the appointment after scheduling, he or she agrees to cancel such appointment not less than twenty-four (24) hours in advance of the originally scheduled time, unless otherwise specified by the business's cancellation policy.

You acknowledge and agree that Simpli Nail may suspend or terminate Your account in the event that You repeatedly fail to appear at scheduled appointments or engage in a pattern of late cancellations.

7. Promotions

Any sweepstakes, contests, raffles, surveys, games, or other promotions ("Promotions") made available through the Services may be governed by rules that are separate from this User Agreement. If You participate in any Promotions, You agree to be bound by and comply with the applicable rules. If the rules for a Promotion conflict with this User Agreement, the Promotion rules will govern.

8. SMS Communications

By opting into SMS from a web form or other medium, You are agreeing to receive SMS messages from Simpli Nail. This includes SMS messages for appointment reminders, updates, and service-related matters. Message frequency varies. Standard message and data rates may apply.

Reply STOP to any message to opt out. Reply HELP for assistance or contact Us at the information in Section 20. See Our Privacy Policy at /privacy.

9. Intellectual Property

We own the Simpli Nail Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, and all other elements and components of the Site excluding User Content and Third-Party Content.

We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world ("IP Rights") associated with the Simpli Nail Content and the Site, which are protected by copyright, trade dress, patent, trademark laws, and all other applicable intellectual and proprietary rights and laws.

You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display, or in any way exploit any of the Simpli Nail Content, in whole or in part, except as expressly authorized by Us.

10. Site Monitoring and Enforcement

We reserve the right to exercise whatever lawful means We deem necessary in order to prevent unauthorized access to or use of the Site, including but not limited to technological barriers, IP mapping, and contacting Your Internet Service Provider (ISP) regarding such unauthorized use.

We are under no obligation to monitor the Site or Site Content. However, We reserve the right to investigate possible violations of this User Agreement, block Users from the Site, and refer matters to law enforcement authorities for further investigation.

We may terminate or suspend Your account or ability to use the Site, in whole or in part, at Our sole discretion, for any or no reason, and without notice or liability of any kind.

11. Disclaimer of Warranties

12. Limitation of Liability

13. Indemnification

You agree to defend, indemnify, and hold harmless Simpli Nail, LSTMJ Investment, their subsidiaries, affiliates, and any related companies, suppliers, licensors, and partners, and the officers, directors, employees, agents, and representatives of each of them (collectively, the "Indemnified Parties"), including costs, liabilities, and legal fees, from any claim or demand made by any third party due to or arising out of:

1. Your access to or use of the Site;
2. Your violation of this User Agreement;
3. Your violation of any applicable law or regulation;
4. The infringement by You, or any third party using Your account, of any intellectual property or other right of any person or entity; or
5. Your Content or any activity related to Your account.

14. Dispute Resolution

14.1 Governing Law

If there is any dispute about or involving the Site or Simpli Nail, You agree that any such dispute will be exclusively governed by the laws of the State of Washington without regard to its conflict of law provisions.

14.2 Mediation and Arbitration

If any dispute, controversy, or claim arising out of or relating to the Site, Simpli Nail, or this User Agreement cannot be settled through negotiation, the Parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration or litigation.

If mediation fails, the Parties agree the dispute shall be finally settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules.

14.3 Class Action Waiver

15. Third-Party Content and Links

The Site may contain links to third-party websites, content, products, or services that are not owned or controlled by Simpli Nail ("Third-Party Content"). We do not endorse, warrant, or assume any responsibility for any Third-Party Content, and Your use of such content is at Your own risk.

We are not responsible for the accuracy, completeness, timeliness, reliability, or availability of any Third-Party Content. Your interactions with third parties are solely between You and the third party.

16. Privacy

Your use of the Site is subject to Our Privacy Policy, which is incorporated into this User Agreement by reference. Please review Our Privacy Policy to understand how We collect, use, and protect Your personal information.

17. Modifications to the Site and This Agreement

We reserve the right to modify, suspend, or discontinue the Site or any part thereof at any time, with or without notice, and without liability to You or any third party.

We may revise this User Agreement from time to time. The most current version will always be posted on the Site with the effective date. By continuing to access or use the Site after any revisions become effective, You agree to be bound by the revised User Agreement.

18. Severability

If any provision of this User Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity shall not affect any other provision of this User Agreement, and this User Agreement shall be construed as if such invalid provision had never been contained herein.

19. Entire Agreement

This User Agreement, together with Our Privacy Policy and any other legal notices or additional terms and conditions published by Simpli Nail on the Site, shall constitute the entire agreement between You and Simpli Nail concerning the Site.

20. Contact Information

If You have any questions about this User Agreement, please contact Us at: