Terms of Service

1. Acceptance of Terms & Electronic Signature (E-SIGN)

By downloading, installing, creating an account, or using the Mi Belleza mobile application or website, you agree to be bound by these Terms of Service. You expressly consent to enter into contracts electronically pursuant to the federal Electronic Signatures in Global and National Commerce Act (E-SIGN Act), the New York Electronic Signatures and Records Act (ESRA), the New Jersey Uniform Electronic Transactions Act (UETA), and the Rhode Island Uniform Electronic Transactions Act (UETA). If you do not agree to all terms, do not access or use the platform.

2. Geographic Scope (New York, New Jersey & Rhode Island Operations)

The platform is currently configured, licensed, and available exclusively for salon owners, independent beauty professionals, and clients operating or receiving services within the States of New York, New Jersey, and Rhode Island. Any attempt to access or provide services outside of New York, New Jersey, and Rhode Island is unauthorized and at the user's sole risk.

3. Account Registration, Security & Age Eligibility

You must be at least 18 years of age to register an account, book beauty appointments, or list professional services. You agree to provide accurate, current, and complete registration information and keep your credentials confidential. You are solely liable for all activities occurring under your account and must notify support@support.my-beauty-app.com immediately of any suspected security breach.

4. Marketplace Architecture & Independent Contractor Status

Mi Belleza provides a technology software platform that facilitates discovery, scheduling, and payment processing between independent beauty professionals/salons ('Providers') and customers ('Clients'). The platform is NOT a salon, employer, employment agency, or cosmetological service provider. Providers are independent third-party businesses and contractors who control their own schedules, pricing, techniques, sanitary standards, and client relationships. The platform disclaims any employer-employee, agency, partnership, or joint-venture relationship with any provider.

5. Salon Operating Models, Booth Rent (Chair Rental) & Worker Classification (NY, NJ & RI)

Salon owners, suite operators, and independent professionals utilize the platform under either a Commission Model (percentage split) or a Booth Rent / Chair Rental Model (fixed periodic booth fee with 100% professional service retention). The platform operates strictly as a technology management and payment facilitation tool. Salon owners and booth renters warrant and represent that: (a) they maintain independent written lease, chair rental, or service agreements defining their relationship; (b) they assume full legal responsibility for properly classifying their workforce under the New York Labor Law, the New York City Freelance Isn't Free Act (FIFA), the New Jersey Wage and Hour Law, the Rhode Island workplace statutes, and applicable state 'ABC' and common law independent contractor tests; and (c) the platform is not a party to any chair rental agreement or employment contract. Salon owners agree to defend, indemnify, and hold harmless Mi Belleza from any worker misclassification, wage-and-hour, overtime, workers' compensation, unemployment insurance, or booth rental landlord-tenant disputes.

6. Bookings, Cancellations, Rescheduling & No-Show Policies

A binding service contract is formed directly between the Client and Provider upon appointment confirmation. Each Provider or Salon establishes their own cancellation windows, deposit policies, and no-show fee structures. In the event of a late cancellation or no-show within the Provider's designated cancellation policy window, the Client authorizes the platform and its payment processor to charge the designated deposit or cancellation fee to the Client's saved payment method. Clients agree to arrive punctually; late arrivals exceeding fifteen (15) minutes may result in service truncation or cancellation at the Provider's sole discretion.

7. Payments, Stripe Connect, Card Surcharges (NY GBL § 518), Proportional Reversals & Recoupment

Payment processing services for Providers on Mi Belleza are provided by Stripe via Stripe Connect separate charges and automated transfers, subject to the Stripe Connected Account Agreement.

CREDIT CARD PROCESSING FEE MODES & NY GBL § 518 COMPLIANCE: Salons may configure online payment fee modes to either absorb card processing costs or pass them to the customer at checkout. Where a salon configures fee pass-through ('pass_to_customer'), the exact card processing and technology convenience surcharge is itemized and clearly disclosed to the Client prior to final checkout authorization in strict compliance with New York General Business Law § 518, New York State Division of Consumer Protection rules, and New Jersey consumer protection laws. Clients expressly authorize such itemized fees upon completing a transaction.

PROPORTIONAL TRANSFER REVERSALS & NEGATIVE BALANCE SETOFF: When a booking cancellation, partial refund, product return, or customer chargeback occurs, funds previously transferred to a Provider or Salon's Connected Account are automatically and proportionally reversed back to satisfy the refund or dispute. If a Provider's Stripe balance is insufficient or becomes negative due to refunds, chargebacks, dispute fees, or platform fees, the Provider expressly authorizes Stripe and Mi Belleza to: (a) freeze pending payout transfers; (b) set off and deduct the negative balance from subsequent booking payouts; and (c) automatically debit the Provider's linked bank account to restore the balance. Providers bear sole financial liability for customer chargebacks related to their services. Base card network processing fees are non-refundable.

MARKETPLACE FACILITATOR SALES TAX COLLECTION (NY, NJ & RI): Mi Belleza operates as a registered Marketplace Facilitator under New York Tax Law § 1101(e) & § 1132(l), New Jersey P.L. 2018, c. 131, and Rhode Island Gen. Laws § 44-18.1-1 et seq. As a Marketplace Facilitator, Mi Belleza calculates, collects, and directly remits all applicable state and local sales and use taxes (including New York State Sales Tax, NYC Personal Care Services Tax, New Jersey Sales Tax, and Rhode Island Sales Tax) on all appointments, services, and retail beauty products booked and paid for through the platform.

RELIEF OF PROVIDER SALES TAX LIABILITY & CERTIFICATES: In accordance with NY, NJ, and RI marketplace facilitator statutory provisions, Providers and Salon Owners are relieved of the liability to collect and remit sales tax on transactions facilitated through the platform. Mi Belleza provides registered Providers with periodic statements, transaction records, and Marketplace Facilitator certificates acknowledging that all sales taxes collected on platform-facilitated sales have been remitted directly to the relevant state taxing authorities for use by the Provider's certified public accountant (CPA) or tax preparer. Providers remain solely responsible for: (a) income tax reporting on net earnings reported via Form 1099-K; (b) self-employment and employee payroll taxes; and (c) collecting and remitting sales tax on any direct, offline, or cash transactions conducted outside the Mi Belleza platform.

8. Tipping & Gratuity Allocation (NY, NJ & RI Labor Compliance)

Any gratuity or tip paid by a Client via the platform is the sole property of the designated service provider performing the treatment, in strict compliance with New York Labor Law § 196-d, New Jersey labor statutes, Rhode Island wage regulations, and the Fair Labor Standards Act (FLSA). Salon owners, operators, and managers are strictly prohibited from withholding, retaining, or diverting employee tips for employer use. Mi Belleza does not withhold platform commissions from tips.

9. Platform Software Subscriptions, Automatic Renewals & Cancellation (NY GBL § 527-a)

Salon owners may subscribe to a monthly platform software plan for their salon: PRO, PREMIUM, or ULTRA. Plans differ in how many team members the salon may add (PRO: the owner only; PREMIUM: the owner plus five team members; ULTRA: no limit). Freelance professionals and team members do not hold subscriptions. Subscriptions are purchased in the app and processed by Stripe. A person's first subscription includes one free 14-day trial; a valid payment method is required to start it, and each person may receive only one trial. Unless cancelled before the trial ends, the plan becomes a paid subscription billed monthly in advance and automatically renews each month until cancelled. In compliance with the New York Automatic Renewal Law (NY GBL § 527-a) and New Jersey consumer standards, subscribers may cancel at any time in the app (Settings > Subscription plan) or by contacting support@support.my-beauty-app.com. Cancellation takes effect at the end of the current paid billing period. If a renewal payment fails, the salon stays live for a seven (7) day grace period while the payment is retried; after that, the salon is unlisted and stops accepting new bookings, and existing bookings are honored. A plan cannot be downgraded while the salon's team exceeds the lower plan's limit. Subscription payments are non-refundable except where required by applicable state law. Mi Belleza reserves the right to modify subscription pricing upon at least thirty (30) days' advance electronic notice.

10. Retail Beauty Products, E-Commerce & In-Salon Pickup

Providers may list and sell retail beauty products through the platform for in-salon pickup or local fulfillment. A platform technology commission is deducted from retail product sales. Providers warrant that all listed products are authentic, unexpired, properly packaged, and compliant with FDA and OSHA cosmetic regulations. Mi Belleza is not the manufacturer, retailer, or distributor of physical beauty products and disclaims all express or implied warranties and product liabilities regarding product defects, allergic reactions, or inventory inaccuracies.

11. Health, Sanitation, Chemical Disclaimers & Allergy Patch Tests

Cosmetic and beauty procedures (including hair coloring, chemical bleaching, relaxers, keratin treatments, lash extension adhesives, UV/LED nail curing, acrylics, and cuticle care) carry inherent risks of chemical burns, eye irritation, nail plate damage, skin sensitivities, and severe allergic reactions. Clients are required to disclose all known allergies, medical conditions, medications, or pregnancy to the Provider prior to service. Clients with sensitive skin or allergies are strongly advised to request an allergy patch test 24–48 hours prior to chemical application. Mi Belleza is a technology platform only and assumes zero liability for personal injuries, allergic reactions, chemical burns, infections, or aesthetic dissatisfaction resulting from Provider treatments.

12. Salon Premises Safety & Mobile / On-Location Services

For services rendered at a salon, studio, or suite, the facility owner or leaseholder maintains sole responsibility for premises safety, building maintenance, ADA accessibility, and general commercial liability. For mobile, travel, or house-call appointments in NY, NJ, or RI, Clients and Providers acknowledge that off-premise environments are beyond the platform's control; Clients and Providers assume all personal safety, property damage, and travel risks associated with on-location appointments.

13. Provider Licensing & NY/NJ/RI State Board Compliance

Each Provider represents and warrants that they: (a) hold and maintain active, valid professional licenses and permits issued by the New York State Department of State (Division of Licensing Services), the New Jersey State Board of Cosmetology and Hairstyling, or the Rhode Island Department of Health (Board of Hairdressing & Barbering); (b) comply with all state board health, sanitation, autoclave/disinfection, and safety regulations; (c) maintain commercial general liability and professional liability insurance where required; and (d) accurately represent their service descriptions and pricing. Mi Belleza reserves the right to verify credentials and suspend non-compliant accounts immediately.

14. Communications, SMS Terms & Conditions & TCPA Compliance

PROGRAM NAME & DESCRIPTION: Mi Belleza Verification Codes. Mi Belleza uses SMS only to send one-time verification codes that confirm a mobile number you add to your account. A code is sent only when you request one, for example when you verify your number before booking an appointment, set up a professional profile, or change your number. Verifying a mobile number is required to book appointments and to create a professional profile. Mi Belleza does not send marketing, promotional, appointment confirmation, or appointment reminder messages by SMS; appointment updates are delivered as in-app and push notifications. Consent to receive marketing text messages is never a condition of purchase.

MESSAGE FREQUENCY: One message per verification code you request.

MESSAGE & DATA RATES: Message and data rates may apply according to your wireless carrier's plan.

OPT-OUT & UNSUBSCRIBE: You can stop SMS messages at any time by texting 'STOP' in response to any message. After sending 'STOP', you will receive one message confirming your unsubscription, and no further SMS messages will be sent to your mobile number. Because verification codes are delivered by SMS, you will not be able to verify a mobile number until you text 'START' to opt back in.

CUSTOMER SUPPORT & HELP: For assistance, text 'HELP' in response to any message or contact our support team at support@support.my-beauty-app.com.

CARRIER LIABILITY: Wireless carriers (including but not limited to T-Mobile, AT&T, Verizon) are not liable for delayed or undelivered messages.

SALON MESSAGES & TCPA: Salon broadcasts sent through the platform are delivered inside the app, not by SMS. Salon owners who text clients outside the platform are the sole senders of those messages and represent and warrant that they have obtained any consent required by the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, the New York Telemarketing Act, and the New Jersey Telemarketing Consumer Protection Act. Salon owners agree to defend, indemnify, and hold harmless Mi Belleza from any TCPA statutory penalties, class actions, regulatory fines, and legal defense fees arising from such messages.

15. AI Concierge, Automated Recommendations & Disclaimers

The platform incorporates artificial intelligence features, including the AI Customer Concierge, Daily Copilot, and automated scheduling assistants. AI-generated outputs and recommendations are provided for informational and convenience purposes only. They do not constitute dermatological, medical, cosmetological, legal, or financial advice. Mi Belleza does not guarantee the accuracy, completeness, or suitability of AI responses.

16. User Content, Portfolios, Reviews & Model Photo Release

Users retain ownership of content uploaded to the platform (including portfolio images, service descriptions, and reviews). By uploading content, you grant Mi Belleza a perpetual, worldwide, non-exclusive, royalty-free license to host, display, and distribute such media for platform operation and promotional marketing. Providers must obtain express written consent and model releases from clients before capturing and publishing before-and-after photographs or videos. Reviews must be truthful, authentic, and based on firsthand experience.

17. Prohibited Conduct, Account Suspension & Termination

Users agree not to: harass, threaten, or discriminate against other users; create fraudulent bookings or deceptive reviews; reverse engineer, scrape, or extract platform data; bypass platform payment infrastructure; or utilize the platform for unlawful purposes. Mi Belleza reserves the right, in its sole discretion, to suspend or terminate accounts immediately without prior notice upon violation of these Terms or suspected fraudulent activity.

18. Intellectual Property & DMCA Copyright Agent

All proprietary software, brand assets, user interface designs, and trademarks associated with Mi Belleza are the exclusive property of the platform operator. If you believe your copyrighted work has been infringed by platform content, submit a formal DMCA takedown notice with proof of ownership to support@support.my-beauty-app.com.

19. Multi-Session Packages, Service Bundles & Pre-paid Appointments

Clients may purchase multi-session service packages directly through the platform. Upfront package payments are collected directly into the issuing Salon's account balance, and session compensation is transferred pro-rata to attending professionals upon verified completion of each respective session. Multi-session packages constitute a pre-paid service obligation solely and exclusively between the Client and the issuing Salon entity. In the event a salon ceases business operations, changes ownership, or terminates a professional before all package sessions are completed, the issuing salon entity remains solely legally liable to the Client for fulfilling remaining sessions or issuing pro-rata refunds. Mi Belleza disclaims all liability for unredeemed package sessions.

20. Limitation of Liability & General Indemnification

To the maximum extent permitted by applicable law, the platform is provided 'as is' and 'as available' without warranties of any kind. Under no circumstances will Mi Belleza, its officers, directors, or employees be liable for indirect, incidental, special, consequential, or punitive damages, or loss of profits, data, or reputation. Mi Belleza's aggregate liability for all claims arising from or related to the platform shall not exceed the total fees paid by you to Mi Belleza in the twelve (12) months preceding the incident. You agree to defend, indemnify, and hold harmless Mi Belleza against all third-party claims, liabilities, losses, damages, and legal expenses arising from your use of the platform or breach of these Terms.

21. Mandatory Arbitration, 30-Day Opt-Out & Batch Filing Rules

PLEASE READ CAREFULLY. You and Mi Belleza agree that any dispute, claim, or controversy arising out of or relating to these Terms or the platform shall be resolved through final and binding individual arbitration administered by the American Arbitration Association (AAA) in New York, NY, under its Consumer or Commercial Arbitration Rules, rather than in court. You waive any right to bring or participate in class, consolidated, representative, or private attorney general actions.

30-DAY OPT-OUT RIGHT: You have the right to opt out of mandatory arbitration by sending a signed written opt-out notice via email to support@support.my-beauty-app.com within thirty (30) calendar days of creating your account. The notice must include your full legal name, phone number, and account email.

MASS ARBITRATION BATCHING: If twenty-five (25) or more similar arbitration demands are asserted against Mi Belleza by the same or coordinated legal counsel, the claims will be administered in staged batches of 25 to ensure orderly adjudication and prevent coercive fee aggregation.

22. Governing Law & Exclusive Jurisdiction

These Terms are governed by and construed in accordance with the laws of the State of New York, without regard to conflict of laws principles. For any legal proceedings not subject to mandatory arbitration, exclusive jurisdiction and venue shall lie in the state and federal courts situated in New York County, State of New York (or, for localized NJ property disputes, the appropriate court of competent jurisdiction in the State of New Jersey).

23. Modifications to Terms

We reserve the right to revise or modify these Terms at any time. When material updates are made, we will update the 'Last Updated' date and provide notice through the mobile application or via email. Continued access or use of the platform after the effective date of revisions constitutes full acceptance of the updated Terms.

24. Contact Information & Legal Inquiries

For legal inquiries, terms clarification, or formal correspondence, please contact: Mi Belleza Legal Department via email at support@support.my-beauty-app.com.