Higher Booking Terms of Service

Please select the appropriate terms of service for your usage of Higher Booking

Terms of Service for First Chair Club Users - Higher Booking

Effective Date: June 10th 2024

1. Introduction

Welcome to Higher Booking ("Company", "we", "our", "us"). These Terms of Service ("Terms") govern your use of our monthly subscription services (the "Service"). By subscribing to or using our Service, you agree to these Terms. If you do not agree to these Terms, do not use our Service.

2. Subscription

2.1 Service Description

Higher Booking provides a subscription-based service that offers online booking software for barbers and barber shops through our website and mobile applications.

2.2 Eligibility

You must be at least 18 years old to use the Service. By subscribing, you represent and warrant that you meet this age requirement and have the legal capacity to enter into this agreement.

3. Billing and Payments

3.1 Payment Methods

By subscribing, you authorize Higher Booking to charge your designated payment method on a recurring basis as per the subscription plan you selected. Acceptable payment methods include credit cards, debit cards, and other payment methods that are approved by us.

3.2 Billing Cycle

Subscriptions are billed on a monthly basis. The billing period starts on the date you subscribe and renews automatically at the end of each billing cycle unless canceled. For example, if you subscribe on January 10th, your next billing date will be February 10th.

3.3 Price Changes

We may change the subscription fee at any time. We will notify you in advance of any price changes. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the new price.

3.4 Failed Payments

If a payment is declined, we will notify you and may attempt to process the payment again. If payment fails, we reserve the right to suspend or terminate your access to the Service until the account balance is settled.

4. Cancellations and Refunds

4.1 Cancellation by You

You can cancel your subscription at any time through by emailing HelloThere@HigherBooking.com. Cancellations take effect at the end of the current billing cycle. We do not provide refunds for partial billing cycles.

4.2 Cancellation by Us

We reserve the right to suspend or terminate your subscription if you breach these Terms or for any other reason. If we terminate for reasons other than your breach, we may provide a pro-rata refund for the unused portion of your subscription.

4.3 Refunds

Except as required by law or as stated in these Terms, payments are non-refundable. Any refunds will be at our sole discretion.

5. Use of Service

5.1 License

Upon subscription, Higher Booking grants you a limited, non-exclusive, non-transferable license to access and use the Service as described in these Terms.

5.2 Restrictions

You agree not to:

  • Use the Service for any unlawful purpose.
  • Share your subscription with others or transfer your subscription.
  • Attempt to interfere with the proper functioning of the Service.
  • Reverse engineer, decompile, or disassemble any part of the Service.

6. Content and Intellectual Property

6.1 Ownership

All content, features, and functionalities of the Service, including but not limited to text, graphics, logos, software, and designs, are owned by Higher Booking or our licensors and are protected by intellectual property laws.

6.2 User Content

If you submit any content to the Service, you grant Higher Booking a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, and display that content as part of the Service.

7. Privacy

We respect your privacy and are committed to protecting your personal information. Our Privacy Policy explains how we collect, use, and disclose information from our users.

8. Disclaimers and Limitations of Liability

8.1 Disclaimers

The Service is provided "as is" without warranties of any kind, either express or implied. We do not warrant that the Service will be uninterrupted or error-free.

8.2 Limitation of Liability

To the fullest extent permitted by law, Higher Booking shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with your use of the Service.

9. Governing Law and Dispute Resolution

9.1 Governing Law

These Terms are governed by the laws of New York State without regard to its conflict of laws principles.

9.2 Dispute Resolution

Any disputes arising from or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, unless you opt out of arbitration by providing written notice to us within 30 days of subscribing.

10. Changes to These Terms

We may update these Terms from time to time. We will notify you of significant changes by posting the new Terms on our website or through other communication methods. Your continued use of the Service after any changes take effect constitutes your acceptance of the revised Terms.

11. Contact Us

WIf you have any questions about these Terms, please contact us at:

Email: support@higherbooking.com

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Terms of Service for Customers - Higher Booking

Effective Date: November 5, 2024

1. Account Registration

1.1 Eligibility

To use the Higher Booking Services, you must be at least 18 years old or the legal age of majority in your jurisdiction.

1.2 Account Creation

You must register for an account to use our Services. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary to keep it accurate, current, and complete.

1.3 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify Higher Booking immediately of any unauthorized use of your account.

2. Use of Services

2.1 License

Higher Booking grants you a limited, non-exclusive, non-transferable, and revocable license to use the Software and Services for your personal, non-commercial use, subject to these Terms.

2.2 Prohibited Conduct

You agree not to use the Services for any unlawful purpose or in any way that could harm, disable, overburden, or impair the Services. You agree not to upload any content that is illegal, offensive, or infringes the rights of others.

2.3 Compliance

You agree to comply with all applicable laws, regulations, and these Terms when using the Services.

3. Fees and Payment

3.1 Service Fees

Some features of the Higher Booking Services may require payment of fees. Any applicable fees will be clearly communicated to you before you are charged.

3.2 Payment Obligations

Users agree to pay for any services booked through Higher Booking, either directly to Higher Booking or directly to the service provider. If you make payment directly to the service provider, Higher Booking shall not be responsible for that transaction. Users must ensure timely payment for services rendered.

3.3 Payment Information

By providing payment information, you authorize Higher Booking to charge the applicable fees to your payment method. You agree to provide accurate and complete payment information and to promptly update your payment details if necessary. Higher Booking may retain your credit card information in compliance with applicable laws and industry standards to facilitate future transactions and subscriptions.

3.4 Refunds

Fees paid for the Services are non-refundable, except as required by law or as otherwise stated in these Terms

4. Data Privacy

4.1 Data Collection

Higher Booking collects and processes personal information in accordance with its Privacy Policy, which is incorporated by reference into these Terms.

4.2 Data Security

While we take reasonable measures to protect your information, you acknowledge that no data transmission over the internet or electronic storage is completely secure. Higher Booking disclaims liability for any loss or unauthorized access to your data.

4.3 COPPA Compliance

The Higher Booking Services are not directed to children under the age of 13, and we do not knowingly collect personal information from children under 13. If we become aware that we have collected personal information from a child under 13, we will take steps to delete such information as soon as possible.

4.4 Parental Consent

If a parent or guardian becomes aware that their child under the age of 13 has provided us with personal information without their consent, they should contact us immediately at support@higherbooking.com, and we will take steps to remove the information and terminate the child’s account.

5. Intellectual Property

5.1 Ownership

Higher Booking retains all rights, title, and interest in and to the Software and Services, including all intellectual property rights.

5.2 User Content

You retain ownership of any content you submit, post, or display on or through the Services. By submitting content, you grant Higher Booking a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display your content in connection with providing the Services.

6. SMS and Communication Consent

6.1 SMS Notifications

By providing your mobile phone number during account registration or at any other time, you consent to receive SMS (text message) notifications from Higher Booking. These messages may include account notifications, updates, promotional offers, and other information related to the Services.

6.2 Opting Out

You may opt out of receiving SMS messages at any time by following the instructions provided in the message or by contacting Higher Booking customer support. Please note that opting out of SMS messages may affect your ability to receive important notifications about your account and Services.

6.3 Message and Data Rates

Message and data rates may apply to SMS communications, depending on your mobile carrier and plan. You are responsible for any fees or charges that may apply.

7. Termination

7.1 Termination by User

You may terminate your account at any time by following the instructions provided in the Software or by contacting support@higherbooking.com

7.2 Termination by Higher Booking

Higher Booking reserves the right to suspend or terminate your account or access to the Services at any time, with or without notice, for any reason, including if you violate these Terms.

7.3 Effect of Termination

Upon termination, all rights granted to you under these Terms will cease immediately. Sections that by their nature should survive termination (such as intellectual property rights, disclaimers, and limitation of liability) will continue to apply.

8. General Disclaimer

8.1 Service Provider Disclaimer

Higher Booking does not verify, endorse, or make any guarantees regarding the qualifications, licensing, or expertise of service providers listed on the platform. You acknowledge and agree that it is your responsibility to verify the credentials of any service provider before engaging their services.

8.2 No Guarantee of Service

Higher Booking does not guarantee the availability, accuracy, or quality of the services provided by any service provider through the platform. Higher Booking disclaims any liability for the performance or conduct of service providers.

9. Limitation of Liability

9.1 Disclaimer

The Services are provided "as is" and "as available," without any warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

9.2 Limitation of Liability for Service Providers

To the fullest extent permitted by law, Higher Booking shall not be liable for any acts, omissions, errors, or negligence of any service provider. Higher Booking does not warrant or guarantee the quality, accuracy, or suitability of any services provided by third-party service providers.

9.3 Limitation of Liability for Loss of Data

Higher Booking shall not be liable for any loss of data or any damages caused by data corruption, loss of access, or unauthorized access to your information.

9.4 Total Liability

Higher Booking's total liability for any claims arising out of or related to these Terms or the Services shall not exceed the amount you paid, if any, to Higher Booking for access to the Services.

10. Changes to These Terms

10.1 Modifications

Higher Booking reserves the right to update or modify these Terms at any time. If we make material changes, we will notify you by email or through the Software. Your continued use of the Services after the changes take effect constitutes your acceptance of the revised Terms.

11. Governing Law

11.1 Jurisdiction

These Terms are governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of law principles.

12. Contact Information

12.1 Support

If you have any questions, concerns, or feedback regarding these Terms or the Services, please contact us at support@higherbooking.com

By creating an account and using the Higher Booking Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these Terms, please do not use the Services.

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Terms of Service for Service Providers - Higher Booking

Effective Date: November 5, 2024

These Terms of Service ("Terms") govern the use of the Higher Booking software and services ("Software," "Services," or "Platform") by service providers ("Service Provider," "you," or "your"). By creating an account and offering services through the Higher Booking Platform, you agree to these Terms. If you do not agree to these Terms, please do not create an account or offer services via the Higher Booking Platform.

1. Account Registration

1.1 Eligibility

To become a Service Provider on Higher Booking, you must be at least 18 years old, or the legal age of majority in your jurisdiction, and have the legal authority to enter into contracts.

1.2 Account Creation

Service Providers must register an account to offer services through Higher Booking. You agree to provide accurate, current, and complete information about yourself and your business during registration and to update this information as necessary.

1.3 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify Higher Booking immediately of any unauthorized use of your account.

2. Use of the Platform

2.1 License to Use Platform

Higher Booking grants you a limited, non-exclusive, non-transferable, and revocable license to use the Software and Services for the purpose of offering and providing services to customers, subject to these Terms.

2.2 Prohibited Conduct

Service Providers must not use the Platform to offer services that are illegal, unethical, or in violation of any local, state, or federal laws or regulations. Service Providers must not upload any content that is offensive, illegal, or infringes upon the rights of others.

2.3 Service Compliance

You agree to comply with all applicable laws, licenses, permits, and regulations relevant to the services you offer. You must also ensure that your services are accurately described on the Platform and provided in a professional and timely manner.

3. Fees and Payment

3.1 Service Fees

Higher Booking may charge a service fee or commission for each transaction or booking made through the Platform. The applicable fees and terms will be disclosed to you during the account setup or contract negotiation process.

3.2 Payment Process

Service Providers agree to receive payment for services either through Higher Booking's payment processing system or directly from the customer, as specified by the Platform. You agree to accept payments made via credit card or other authorized payment methods

3.3 Credit Card Retention

By using the Platform, you authorize Higher Booking to retain user credit card information to facilitate future transactions and subscriptions in accordance with applicable laws and industry standards.

3.4 Refunds

Any refunds or disputes regarding payments between you and the customer must be handled directly, Higher Booking will not mediate disputes.

4. Data Privacy

4.1 Data Collection

Higher Booking collects and processes personal information about Service Providers in accordance with its Privacy Policy, which is incorporated by reference into these Terms.

4.2 Data Security

While Higher Booking takes reasonable measures to protect your information, you acknowledge that no data transmission over the internet or electronic storage is completely secure. Higher Booking disclaims liability for any loss or unauthorized access to your data.

4.3 COPPA Compliance

The Platform is not directed to children under the age of 13, and we do not knowingly collect personal information from children under 13. You agree not to offer services directed at or provided to individuals under 13 years of age.

5. Intellectual Property

5.1 Ownership

Higher Booking retains all rights, title, and interest in and to the Software and Services, including all intellectual property rights.

5.2 Service Provider Content

As a Service Provider, you retain ownership of any content, materials, or information you submit, post, or display on or through the Platform. By submitting content, you grant Higher Booking a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display your content for the purpose of promoting or operating the Platform.

6. SMS and Communication Consent

6.1 SMS Notifications

By providing your mobile phone number during account registration, you consent to receive SMS (text message) notifications from Higher Booking, including booking requests, updates, promotional offers, and other Platform-related communications.

6.2 Opting Out

You may opt out of receiving SMS messages at any time by following the instructions provided in the message or contacting Higher Booking customer support. Please note that opting out may affect your ability to receive important notifications.

6.3 Message and Data Rates

Message and data rates may apply to SMS communications, depending on your mobile carrier and plan. You are responsible for any fees or charges that may apply.

7. Termination

7.1 Termination by Service Provider

You may terminate your account at any time by following the instructions provided on the Platform or contacting Higher Booking customer support.

7.2 Termination by Higher Booking

Higher Booking reserves the right to suspend or terminate your account or access to the Platform at any time, with or without notice, for any reason, including violation of these Terms or if your services do not meet the required quality standards.

7.3 Effect of Termination

Upon termination, all rights granted to you under these Terms will cease immediately. Sections that by their nature should survive termination (such as intellectual property rights, disclaimers, and limitation of liability) will continue to apply.

8. General Disclaimer

8.1 Customer Reliability Disclaimer

Higher Booking does not make any guarantees regarding the reliability, creditworthiness, or behavior of customers using the Platform. It is your responsibility to vet and assess the customer before providing services.

8.2 No Guarantees of Engagement

Higher Booking does not guarantee any minimum number of bookings, leads, or revenue from using our service.

8.3 Disclaimer of Licensing

Higher Booking does not verify or guarantee that you, as a Service Provider, are licensed to perform the services you offer. It is solely your responsibility to ensure you have the necessary licenses and comply with all relevant laws.

9. Limitation of Liability

9.1 Disclaimer

The Platform and Services are provided "as is" and "as available," without any warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

9.2 Limitation of Liability for Customers

Higher Booking is not liable for the actions, omissions, or conduct of customers who book your services through the Platform. Any disputes between you and customers are your sole responsibility.

9.3 Limitation of Liability for Service Quality

Higher Booking is not responsible for the quality, accuracy, or adequacy of any services you provide to customers through the Platform. You are solely responsible for the performance of your services and compliance with applicable standards.

9.4 Total Liability

Higher Booking's total liability for any claims arising out of or related to these Terms or the Platform shall not exceed the amount of fees you paid, if any, to Higher Booking for access to the Platform.

10. Changes to These Terms

10.1 Modifications

Higher Booking reserves the right to update or modify these Terms at any time. If we make material changes, we will notify you by email or through the Platform. Your continued use of the Platform after the changes take effect constitutes your acceptance of the revised Terms.

11. Governing Law

11.1 Jurisdiction

These Terms are governed by and construed in accordance with the laws of New York State, without regard to its conflict of law principles.

12. Contact Information

12.1 Support

If you have any questions, concerns, or feedback regarding these Terms or the Platform, please contact us at support@higherbooking.com

By creating an account and offering services through the Higher Booking Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these Terms, please do not use the Platform.

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SMS Terms of Service

Effective Date: November 5, 2024

By providing your mobile phone number and opting in, you agree to the following terms and conditions:

1. Consent to Receive SMS Messages

By signing up, you consent to receive SMS text messages from Higher Booking, Inc. at the phone number you provide. These messages may include but are not limited to one-time passwords, notifications, and account or platform updates.

2. Message Frequency

The number of SMS messages you will receive may vary based on your interactions with us and the specific campaigns we run. You can expect to receive 1-3 messages per interaction. Increased interactions may result in more.

3. Cost and Fees

Standard message and data rates may apply. Please check with your mobile carrier for details on any applicable fees. You, the end user, will be responsible for any fees applied.

4. Opting Out

You can opt-out of receiving SMS messages at any time by replying "STOP" to any SMS message you receive from us. After you send the SMS message "STOP" to us, we will send you a confirmation message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. Stopping messages may result in you losing access to your account on this platform. If you want to join again, sign up as you did the first time, and we will start sending SMS messages to you again.

5. Help and Support

If you need assistance or have questions about our SMS service, contact our customer support at support@higherbooking.com

6. Privacy

Your privacy is important to us. We will use your phone number solely for the purpose of sending you SMS messages as described above. We will not share or sell your phone number to any third parties.

7. Changes to Terms

Changes to Terms: We reserve the right to modify these SMS Terms of Service at any time. Any changes will be effective immediately upon posting of the revised terms. Your continued participation in our SMS service after such changes will constitute your acceptance of such changes.

8. Disclaimers and Liability

The SMS service is provided on an "as-is" basis. We are not responsible for any delays or failures in the receipt of any SMS messages. Delivery is subject to effective transmission from your network operator and is outside our control.

By providing your phone number and opting in, you acknowledge that you have read, understood, and agree to these SMS Terms of Service. If you do not agree to these terms, please do not sign up for our SMS service.

For any further questions or concerns, please contact us at support@higherbooking.com

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