Terms & Conditions

Last updated: January 3, 2025

INTRODUCTION

These Terms of Use, including all referenced policies and exhibits (collectively, the "Terms"), govern your use of the services provided by Booking Technologies Inc. (“Booking Technologies,” "we," "us," or "our"). These Terms constitute a legally binding agreement between you and Booking Technologies to help explain your rights and our rights regarding your use of our website located at https://naily.pro, our associated mobile application (if any), our SaaS service, and any other software, products, or services offered on our technology platform (collectively, the “Service” or “Services”).

By accessing, using, uploading, or downloading any information or materials to or from the Services, or by indicating your assent to these Terms by creating an account, clicking “SIGN UP” or a similar mechanism, or by using our website or applications, you are agreeing to these Terms. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS OR USE THE SERVICES.

PLEASE READ THESE TERMS CAREFULLY—THEY AFFECT YOUR RIGHTS.

ARBITRATION, CLASS ACTION, AND JURY TRIAL WAIVER THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT WHICH LIMITS YOUR RIGHTS TO BRING AN ACTION IN COURT, TO BRING A CLASS ACTION, AND TO HAVE DISPUTES DECIDED BY A JUDGE OR JURY UNLESS YOU OPT-OUT OF ARBITRATION.

CHANGES TO THE TERMS OF USE

We may change, modify, or amend these Terms (and all referenced exhibits or policies) from time to time. If you do not agree with any proposed changes, you should discontinue your use of the Services immediately. You acknowledge and agree that it is your responsibility to review our Services and these Terms from time to time to familiarize yourself with any modifications.

Your continued use of our Services after we post any changes to the Terms constitutes your acceptance of those changes.

SERVICES PROVIDED

Booking Technologies is a technology platform that enables individuals seeking nail, beauty, or similar services (“Clients”) to book appointments with service professionals, technicians, or other authorized individuals associated with the service provider’s business (“Professionals”). Clients and Professionals are both users of the Services provided by Booking Technologies and may be referred to collectively as "Users" (or individually as “you”).

Booking Technologies only provides a platform for Professionals and Clients to connect. We do not provide or contract for any nail, beauty, or other personal care services (“Beauty Services”), and Professionals and Clients contract independently for the provision of such services. Each Client is solely responsible for selecting the Professional, determining which Beauty Services will be provided, and choosing the location at which Beauty Services will be performed. Any decision by a Client to receive Beauty Services or by a Professional to provide Beauty Services is a decision made in that person’s sole discretion.

Booking Technologies does not control, and makes no representations or warranties regarding, the quality, suitability, reliability, timing, legality, or failure to provide any Beauty Services, nor with respect to the integrity, responsibility, or any actions or omissions of any Professionals or Clients. Booking Technologies does not routinely screen its Users, inquire into the background of its Users, or attempt to verify the information provided by any User. Although the Services may be intended to provide a Professional's availability in real time, scheduling conflicts may nonetheless occur, and a Professional may need to reschedule a reservation. Booking an appointment using the Services is not a guarantee that the Professional will honor the appointment as scheduled. Please carefully read each Professional’s terms and conditions before booking an appointment.

BOOKING TECHNOLOGIES ACCOUNTS

1. Creating an Account

By using our Services, including by creating an account with Booking Technologies (an “Account”) and paying any applicable fees, you are granted a right to use the Services subject to the restrictions in these Terms. As part of registration, you may be required to provide certain information, which may include (but is not limited to) your name, date of birth, address, company name, telephone number, email address, and credit card details (including any relevant licensing or registration information). This information is referred to as your “Registration Data.”

All credit card information is held by our payment gateway provider under industry-standard protections. You agree to:

  • Provide true, accurate, current, and complete Registration Data.
  • Not omit or misrepresent any material facts or information.
  • Promptly update your Registration Data if it changes.

You authorize us to verify your Registration Data as needed for your use of and access to the Services. We reserve the right to suspend or terminate the Account of any User who provides inaccurate, untrue, or incomplete information, or who fails to comply with account registration requirements. If a dispute arises regarding the ownership of an Account, we are not obligated to investigate or determine ownership independently and may rely on the Registration Data until a final judgment or order from an applicable authority directs otherwise.

We reserve the right to remove or reclaim any user identification (“Account ID”) if we believe, in our sole discretion, that the Account ID is inappropriate, offensive, confusing, or potentially infringes on a third party’s rights.

By accessing or using the Services, you represent and warrant that:

  1. You are at least eighteen (18) years of age;
  2. You have the legal authority to enter into these Terms and form a binding agreement under applicable law;
  3. All information provided by you as part of the registration process (and ongoing use of the Services) is accurate, current, and complete.

If you cannot fulfill all of these requirements, you must immediately stop using and accessing the Services.

2. Your Account

You agree to maintain your Account solely for your own use. You agree not to allow another person to use your Account ID to access the Services. You are entirely responsible for maintaining the confidentiality of your Account ID and any passwords associated with it. Booking Technologies is not liable for any harm resulting from your failure to keep these credentials confidential or from your permitting another person to access or use the Services under your credentials. You agree to immediately notify us of any unauthorized use of your Account or any breach of security. You acknowledge that the complete privacy of your data and messages transmitted while using the Services cannot be guaranteed.

3. Services for Professionals

The Services include tools and a software platform enabling Professionals to upload, manage, and store customer data on the Booking Technologies system. The system allows businesses to manage staff, schedule client appointments, track billings, generate reports and analytics, and access any additional features or functions we may offer from time to time. Businesses are provided a personalized dashboard where they can log in, see content, and manage the Services.

SUBSCRIPTION TERMS

1. Service Period and Renewals

If you purchase our Services as a Professional, the Services will be provided to you for the period set forth in your purchase order or other agreement (collectively, an “Order”). The subscription typically renews monthly unless you give us advance written notice of termination or your subscription is otherwise terminated in accordance with these Terms. If you elect to terminate the Services by notice, the termination will take effect at the end of your current billing cycle, and you may continue using the Services until that date (fees remain due through the end of the billing cycle).

2. Service Suspension or Termination

Without limiting any of our remedies and in our sole discretion, we may limit, suspend, or terminate your license and your use of the Services, prohibit access to our platform, and delete your user account and/or user ID if:

  • Any invoice is more than 10 days past due,
  • You breach any part of these Terms (or the Agreement, as defined below),
  • Your pre-authorized payment fails,
  • We determine that your actions are harmful or may present a risk of harm to Booking Technologies or its users,
  • Or you violate any of our policies.

We may initiate such termination by providing notice to you (see Notices).

3. Effect of Termination

If your Services or Account is terminated or suspended for any reason, you agree:

  1. To continue to be bound by these Terms;
  2. To immediately stop using the Services;
  3. That the license provided under these Terms ends;
  4. That we reserve the right (but have no obligation) to delete all of your information and account data stored on our servers;
  5. That Booking Technologies shall not be liable to you or any third party for termination or suspension of access to the Services or for deletion of your information or account data.

LICENSES AND PROPRIETARY RIGHTS

1. License Grant

Subject to these Terms, payment of applicable fees, and any separate Order you have with us (collectively, the “Agreement”), Booking Technologies grants you a limited, personal, non-assignable license to use the Services (including the underlying software and technology, the “Licensed Materials”) for the activities defined in the Agreement. This license is not a sale of software; it is the right to use the Licensed Materials as specified.

2. Third-Party Components

The Licensed Materials may incorporate software or technology owned and controlled by third parties (“Third-Party Technology”). Such Third-Party Technology falls under the scope of these Terms unless additional license terms apply. Any third-party software or technology incorporated into the Licensed Materials is licensed, not sold.

3. License Restrictions

You shall use the Services only as contemplated by these Terms. You shall not:

  • License, sublicense, sell, resell, lease, transfer, assign, distribute, or otherwise make the Licensed Materials available to any third party.
  • Modify, translate, reverse-engineer, decompile, disassemble, or create derivative works based on the Licensed Materials (except to the extent enforcement of this restriction is prohibited by applicable law).
  • Circumvent any user limits or other use restrictions built into the Services.
  • Access the Services to build a competitive product or service, or copy any ideas, features, functions, or graphics.

4. Restrictions on Use of the Services

You shall not:

  • Use the Services for any illegal purpose, criminal offense, or infringement of intellectual property.
  • Use the Services in a manner that causes interference with network operations, attempts to bypass our network, or re-arranges or otherwise interferes with any Services or facilities.
  • Remove any proprietary notices, labels, or marks from the Licensed Materials or modify, alter, or deface any trademarks, service marks, or other intellectual property made available through the Services.
  • Post or transmit, via the Services, any virus, worm, Trojan horse, or other harmful software.
  • Send unsolicited commercial communications not permitted by applicable law.
  • Use the Services to store personal information of individuals who have not consented to your processing of their personal information.
  • Use any robot, spider, or data mining tool to scrape or gather content from the Services, or frame or mirror any portion of the Services without our prior written consent.
  • Interfere with or disrupt the integrity or performance of the Services or the data contained therein.

5. Lawful Purposes

You agree to comply with any and all laws, regulations, and policies applicable to your use of the Services in your jurisdiction, including export/import laws, intellectual property, and data privacy laws. You will use the Services solely for lawful purposes.

6. Exclusive Ownership

Except for the rights and licenses expressly granted to you, all intellectual property rights to or arising from the Services, including the Licensed Materials, belong to Booking Technologies and its licensors. Nothing in these Terms transfers any such intellectual property rights to you.

7. User Content

You own the text, images, videos, software, or any other materials you make available in connection with the Services (“User Content”). By posting such User Content, you grant Booking Technologies a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, distribute, publicly perform, and display any of your User Content (and any name, username, or likeness provided with it) in all media now known or later developed, without compensation to you. This license continues until you provide written notice revoking it for future use.

You are entirely responsible for all User Content you upload, post, transmit, or make available through the Services. Booking Technologies does not routinely screen or monitor User Content. We reserve the right to screen, monitor, refuse, or remove any User Content that violates these Terms or is otherwise objectionable, without liability.

8. Permission to Use Your Profile Name, Likeness

You give us permission to use your profile name, profile photo, and information about your activities (including your use of third-party products, services, or devices) in ads, offers, and other commercial contexts on the Booking Technologies Services without compensation. You can adjust settings in your Account if you wish to limit these permissions (where available).

9. Confidentiality; Privacy

We respect your privacy and endeavor to keep your personal data confidential. We employ administrative, technical, and physical security measures to protect User data. Any personal information you provide is handled according to our Privacy Policy. From time to time, we may employ third parties to help manage and improve our Services. These providers may have limited access to user data but are contractually required to protect it and use it only to fulfill their assigned functions.

10. Feedback

If you provide us with suggestions, comments, or feedback related to the Services (“Feedback”), you grant us the right to use such Feedback for any purpose without obligation to you. You acknowledge that:

  • Feedback is not confidential or proprietary information of you or any third party.
  • We are free to use, reproduce, publicize, license, distribute, or otherwise commercialize Feedback.
  • You will not receive any compensation or reimbursement for Feedback.

11. Content and Links of Third-Party Websites

We may provide links to external sites. We do not control such third-party websites, and we are not responsible for their content or any losses arising from your use of them. These links are provided for convenience only, and their presence does not imply any endorsement by Booking Technologies.

PAYMENT TERMS

1. Payment & Charges (Client Bookings)

If you use our Services as a Client to book and pay for Beauty Services, you agree to pay fees (“Charges”) as described at the time of booking. Charges may include service fees set by the Professional, tips, applicable taxes, and any other fees. Booking Technologies only facilitates the payment process for Clients and Professionals but is not responsible for disputes related to the services themselves.

If you must cancel an appointment, please refer to the applicable Professional’s cancellation policy. Depending on that policy, you may be assessed a cancellation fee.

2. Platform Fees (Professionals) and Payment

Access and use of the Services by Professionals is subject to payment of subscription fees (“Fees”) as stated on your Order or invoice. Unless otherwise specified in writing, Fees are non-refundable and due monthly in advance. We will deliver purchase receipts electronically.

You agree to:

  • Keep your billing information (credit card numbers, expiration dates, billing address, email address, etc.) accurate and up to date.
  • Promptly advise us of any changes to your payment methods.
  • Assume responsibility for any charges related to updated or incorrect billing information.

We may charge administrative fees for collection efforts, returned or rejected payments, or changes to personal identifier information. These fees will appear on your invoice or receipt.

3. Overdue Charges

Invoices or Fees not paid by the due date may accrue late interest at the rate of 1.5% per month (or the maximum permitted by law, whichever is lower), plus costs of collection. If payment is more than 30 days overdue, this is deemed a material default, and we may suspend or terminate the Services in accordance with these Terms.

4. Payment Errors

If you believe a payment was processed in error, you must provide us with a written notice within 30 days of the payment date. If no notice is received within this period, the payment will be deemed final.

5. Taxes and Third-Party Fees

You are responsible for any applicable sales, use, value-added, or other taxes, and any fees charged by third parties (e.g., phone carriers, ISPs, payment processors).

6. Pre-Authorized Payment

By providing a credit card as part of your Account setup for recurring subscription payments, you authorize Booking Technologies to charge your card for all amounts due. If your pre-authorization fails, we may deactivate your Account immediately and attempt other collection mechanisms. You are solely responsible for all charges incurred under your Account.

7. Promotional and Trial Offers

We may, at our discretion, offer promotions or Trials for additional features at a reduced or no cost. We reserve the right to withdraw or modify such offers without prior notice.

8. Third-Party Payment Processors

We use third-party payment processors (e.g., Stripe, Square) to facilitate payments. You may be subject to additional terms from those third-party providers. While we make reasonable efforts to ensure secure transmission of payment information, we are not responsible for fees, charges, or payment errors caused by these third-party processors.

TEXTING SERVICES TERMS

Some of our Services may facilitate SMS or MMS messaging (“Texting Services”). These services may be provided through a third-party such as Twilio Inc. By using any Texting Services, you agree to comply with all applicable laws (e.g., TCPA, CAN-SPAM, telemarketing regulations) and the Twilio Terms. You must ensure you have the necessary consent from individuals or entities to send them messages.

You agree to defend, indemnify, and hold harmless Booking Technologies from any claims arising out of your violation of third-party terms or applicable law in connection with Texting Services.

CHANGES TO SOFTWARE, SERVICES, AND AGREEMENT

1. Updates to Agreement

We reserve the right to modify these Terms at any time by publishing the revised Terms on our website. Your continued use of the Services constitutes your acceptance of the revised Terms.

2. Changes to the Licensed Materials

We may update, modify, or upgrade the Licensed Materials from time to time. Our Services will be provided based on the current version of the Licensed Materials.

3. Changes to Fees and Services

We may, upon reasonable notice, change the Services, Fees, amounts, or other aspects of the Services. If you do not agree, your sole remedy is to terminate and stop using the Services. Your continued use after the changes are in effect constitutes acceptance.

CUSTOMER SUPPORT

1. Customer Support

We use commercially reasonable efforts to make the Services available except for planned downtime or circumstances beyond our control (e.g., force majeure events, internet failure). We provide these Services only in accordance with applicable laws and regulations.

2. Maintenance Services

We may provide upgrades, bug fixes, error corrections, and new features for our software. Hosting is by a third-party provider on our behalf.

3. Methods of Contact

You may contact us for support or customer service inquiries at:

4. Named Contacts

When you order certain paid support services, you may need to provide us with the name and contact information of specific individuals authorized to interact with us. These named contacts must be entitled to make decisions on behalf of your organization.

5. Booking Technologies Service Warranties

We represent and warrant that we will provide the Services in accordance with any applicable service levels, subject to these Terms.

THIRD-PARTY TECHNOLOGY, PRODUCTS, AND SERVICES

Our Services may incorporate or integrate with third-party technology (“Third-Party Technology”). We may also enable interactions with third-party providers (“Third-Party Providers”) offering additional products or services (“Third-Party Products”). Use of any Third-Party Products may require separate terms and conditions between you and that provider. Booking Technologies does not warrant or endorse any Third-Party Products or Providers, and disclaims all responsibility or liability for such products or providers.

LIABILITY PROVISIONS

1. Indemnification

You agree to indemnify, defend, and hold Booking Technologies and its affiliates, officers, employees, agents, partners, and licensors harmless from any claims or demands (including reasonable attorneys’ fees) made by a third party due to or arising out of:

  • Your User Content,
  • Your use of the Services,
  • Your use of any integrated third-party services,
  • Your connection to the Services,
  • Your violation of these Terms or any data protection or privacy laws,
  • Your violation of any rights of another.

2. No Warranties

THE LICENSED MATERIALS AND ANY THIRD-PARTY TECHNOLOGY OR SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES OR CONDITIONS OF ANY KIND. BOOKING TECHNOLOGIES DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, ERROR-FREE, OR SECURE, OR THAT THE RESULTS WILL BE ACCURATE OR RELIABLE.

3. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

  • NEITHER BOOKING TECHNOLOGIES NOR ITS AFFILIATES OR LICENSORS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS OR BUSINESS INTERRUPTION), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  • IN NO EVENT SHALL BOOKING TECHNOLOGIES’ (INCLUDING ITS AFFILIATES OR LICENSORS) AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES IN THE 12 MONTHS PRECEDING THE INCIDENT.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.

4. Interruption of Service

We reserve the right to update, modify, suspend, or discontinue the Services at any time with or without notice. We are not liable to you or any third party for such modifications or interruptions.

DISPUTE, ARBITRATION, AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.

1. Initial Dispute Resolution

Most disputes can be resolved by emailing hello@booking-technologies.com. You agree to try to resolve any dispute informally before initiating arbitration or legal proceedings (“Dispute” includes any claim or controversy related to these Terms or the Services).

2. Agreement to Binding Arbitration

If a dispute cannot be resolved within 60 days after initiating informal resolution, either party may initiate binding arbitration before JAMS (or another agreed-upon arbitrator), in accordance with the JAMS Streamlined Arbitration Rules. The arbitration will take place in Los Angeles County, California, unless the parties agree to video/teleconference or another location. You may only bring claims on an individual basis, and the arbitrator may not consolidate multiple parties’ claims or proceed on a class or representative basis.

3. Class Action and Jury Trial Waiver

You and Booking Technologies agree to waive any right to resolve disputes in a class action or class arbitration or to seek or receive a jury trial.

If any court or arbitrator determines that the class action waiver is void or unenforceable, the arbitration provision above in Section 2 is null and void in its entirety.

4. Exceptions

You may bring claims in small claims court for disputes within that court’s jurisdiction. Intellectual property disputes and certain statutory claims are also exceptions to the arbitration requirement.

5. 30-Day Right to Opt-Out

You have the right to opt out of binding arbitration and the class action waiver within 30 days of first using the Services (or the effective date of the first Terms containing an arbitration section) by emailing hello@booking-technologies.com. If you do so, only the court in Los Angeles County, California may be used to resolve the dispute.

6. One-Year Limit

You must bring any claims related to the Services or these Terms within one (1) year of the date when the claim arose or be forever barred.

7. Exclusive Venue for Litigation

If the arbitration provisions do not apply or you opt-out of them, you agree that disputes shall be filed exclusively in the state or federal courts located in Los Angeles County, California. You also waive your right to a jury trial, to the extent permissible by law.

8. Governing Law

These Terms are governed by the laws of the State of California, excluding its conflict-of-law principles. Arbitration is governed by the Federal Arbitration Act.

GENERAL TERMS

1. Notices

Notices to us may be sent by mail to:

Booking Technologies Inc., 1631 Electric Ave, Venice, CA 90291, United States

Or by email to: hello@booking-technologies.com

We will send notices to you via email or mail at the address listed in your Account. Notice is considered delivered on actual receipt or:

  • When personally delivered;
  • On the same day if sent during normal business hours by email or fax (next business day otherwise);
  • One (1) day after posting if sent by a registered private overnight carrier (e.g., FedEx);
  • Five (5) days after mailing if sent by certified mail.

2. Minors

Booking Technologies does not knowingly collect personal information from minors under the age of 18. If we discover that a minor has provided personal information, we will delete such information.

3. Customer Service

For assistance or inquiries about these Terms or the Services, please visit https://naily.pro or email hello@booking-technologies.com.

4. Independent Contractors

These Terms do not create a partnership, franchise, joint venture, or employment relationship between you and Booking Technologies.

5. Logos

Booking Technologies may refer to you in customer lists or use your logo for that purpose, unless you request otherwise in writing. We will not use your name or logo for other marketing purposes without your prior consent.

6. Severability

If any provision in these Terms is found to be invalid, void, or unenforceable, the remaining provisions remain in full force.

7. No Waiver

If we fail to act regarding a breach of these Terms, that does not waive our right to act on future or similar breaches.

8. Assignment

Neither party may assign these Terms without the other party’s written consent, except that either party may assign these Terms to a successor in connection with a merger, acquisition, or sale of all or substantially all assets. Any unauthorized assignment is void.

9. Headings

Headings are for convenience only and do not affect interpretation.

10. Conflict of Terms

If these Terms conflict with any other relevant terms and conditions or policies (e.g., an Order), the more specific terms that apply to that feature or transaction will govern.

11. Electronic Communications and Signatures

You consent to the use of electronic communications and signatures for all transactions and agreements relating to the Services. You waive any requirements under laws or regulations requiring an original, non-electronic signature or delivery or retention of non-electronic records.

12. Entire Agreement

These Terms, together with any Orders, exhibits, schedules, or attachments, constitute the entire agreement between you and Booking Technologies relating to the Services and supersede all prior agreements or understandings, whether written or oral.

CONTACT US

If you have questions or concerns about these Terms, or if you experience technical issues, please contact us:

Thank you for using Booking Technologies Inc.!