Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Hairmage ("we," "us," or "our") governing your access to and use of the Hairmage mobile application and all related services (collectively, the "Service"). Hairmage is operated by HairMage LLC (the "Company").

By creating an account, subscribing to any plan, or otherwise using the Service, you represent that you are of legal age to enter into a binding agreement in your jurisdiction, or you are authorized to bind a business entity, and that you have the legal capacity to enter into this agreement and agree to comply with all terms and conditions set forth herein. If you use the Service on behalf of a salon or company, you represent that you have the authority to bind that entity to these Terms.

2. Description of Service

Hairmage is a professional salon management platform designed to assist licensed hair professionals. The Service provides:

• Palette-based hair color recommendations (based on color theory and pigment logic)
• Image-based hair color analysis (AI is used solely to read and detect hair color from photos)
• Appointment scheduling and calendar management
• Client database and visit history tracking
• Business analytics, statistics, and reporting
• Staff management, roles, and commission tracking
• Service and pricing management
• Cloud-based data synchronization across devices

3. Professional Use Only

4. Color Recommendations & Image Analysis Disclaimer

By using Hairmage's color recommendation features (including both palette-based and image-based analysis), you expressly acknowledge and agree to the following:

• Color recommendations are based on color levels, undertones, pigment theory, and established professional logic. They serve as guidelines only and should never be treated as absolute or guaranteed formulations.
• The final color result always depends on multiple factors beyond the scope of this application, including but not limited to: current hair condition, color history, hair porosity, previous chemical treatments, natural pigmentation, individual hair structure, water quality, product batch variations, application technique, processing time, and ambient temperature.
• For image-based analysis, AI technology is used solely to read and detect hair color from photographs. The detected color is then used as input for our recommendation engine. Image analysis may be significantly influenced by lighting conditions, camera quality, camera settings, screen calibration, angles, shadows, and natural tonal variations within the hair. Visual analysis should be considered supportive rather than definitive.
• Some color transformations, while technically possible, are intentionally not recommended by this app. For safety reasons, Hairmage prioritizes conservative, stable recommendations over aggressive or high-risk procedures.
• Image analysis may be performed using third-party AI services (e.g., OpenAI) strictly for the purpose of detecting hair color. Hairmage does not store or retain uploaded photos. Third-party processing is subject to the provider's applicable terms and privacy practices.

No Photo Storage; Result May Be Saved

Photos uploaded for image-based analysis are used only to detect hair color and are not stored or retained by Hairmage. However, the analysis output (such as detected level, undertone, or similar color-reading result) may be saved to client visit history if you choose to save the visit.

5. Hair Damage, Health & Safety Disclaimer

You expressly acknowledge and agree that:

• Hairmage is not responsible for any hair damage, hair loss, hair breakage, scalp irritation, allergic reactions, chemical burns, or any other adverse physical outcomes that may result from following, interpreting, or misinterpreting color recommendations or any other information provided by the Service.
• It is the sole responsibility of the professional to conduct proper allergy testing (patch tests), strand tests, and client consultations before performing any chemical hair service.
• Hairmage does not assess and cannot account for individual client allergies, sensitivities, medical conditions, medications, or contraindications that may affect hair treatment outcomes.
• Hair coloring and chemical treatments carry inherent risks. You acknowledge these risks and agree to hold Hairmage harmless from any claims related to physical harm or property damage arising from the use of our recommendations.
• Hairmage does not provide medical, dermatological, or health advice. If a client experiences any adverse reaction, professional medical attention should be sought immediately.

6. Brand Names, Product References & Trademarks

Brand names and product references mentioned within the Service (such as Wella, L'Oréal, Schwarzkopf, and others) are used solely for identification and educational purposes.

• Hairmage is not affiliated with, endorsed by, sponsored by, or in any way officially connected to any of the mentioned brands, manufacturers, or parent companies.
• All trademarks, brand names, product names, and logos are the property of their respective owners.
• Product shade references and mappings are provided as approximate equivalents based on publicly available information and professional color theory. Actual product formulations may vary between batches, regions, and over time as manufacturers update their product lines.
• Hairmage does not guarantee the accuracy of shade mappings, product availability, or formula compatibility across different brands.

7. Statistics, Data & Analytics Disclaimer

8. User Accounts & Registration

To use certain features, you must create an account. You agree to:

• Provide accurate and complete information during registration
• Maintain the confidentiality and security of your account credentials
• Immediately notify us of any unauthorized access to or use of your account
• Accept full responsibility for all activities that occur under your account, including actions taken by staff members you authorize
• Not share, transfer, or sell your account to any other person or entity

9. Subscription Plans & Billing

Hairmage offers the following subscription plans:

• Free Plan: Basic salon management features with limitations
• Salon Pro ($14.99/month): Unlimited palette-based recommendations, up to 4 staff members, basic reports
• Salon Premium ($49.99/month): Unlimited palette-based recommendations, up to 500 image-based color detections per month, up to 40 staff members, advanced analytics

All subscriptions are billed through the Apple App Store or Google Play Store. By subscribing, you also agree to the respective platform's terms of service and billing policies.

• Subscriptions auto-renew unless cancelled.
• You can cancel via your Apple ID or Google Play subscription settings.
• Refunds are handled by Apple or Google according to their policies and applicable law.
• Free trials (7 days) automatically convert to a paid subscription unless cancelled before the trial period ends.
• Subscription fees are non-refundable except as required by applicable law or the respective app store's refund policy.
• We reserve the right to change pricing with reasonable notice; existing subscribers will be notified before any price changes take effect.
• Cancellation takes effect at the end of the current billing period.

10. User Content & Data Responsibility

You retain ownership of all data and content you input into Hairmage, including client records, photos, appointment data, business information, and notes. However:

• You grant Hairmage a limited, non-exclusive license to process, store, and transmit your data solely for the purpose of providing the Service.
• You are solely responsible for ensuring that you have obtained all necessary consents and legal authorizations from your clients before entering their personal data, photographs, or any other information into the Hairmage system.
• You are responsible for complying with all applicable data protection and privacy laws (including GDPR, CCPA, and local regulations) in relation to the client data you store and manage through the Service.
• Hairmage acts as a data processor on your behalf. You remain the data controller for all client data entered into the system.
• You are responsible for maintaining your own backups. While Hairmage provides cloud synchronization, we do not guarantee against data loss. Cloud synchronization is provided for convenience and does not constitute a guaranteed backup or archival service.
• Deletion of data may take up to 30 days to propagate through backups. We may retain certain information where required by law.

11. Client Data & Third-Party Rights

As a salon management tool, Hairmage stores information about your clients. You acknowledge and agree that:

• You are solely responsible for informing your clients about the storage and processing of their personal data
• You must comply with all applicable privacy laws regarding the collection, storage, and use of client information
• Photographs of clients uploaded for image-based color detection must be taken with the client's explicit consent
• Hairmage shall not be held liable for any claims from your clients regarding their personal data that you have entered into the system
• If a client exercises their right to data deletion, you are responsible for removing their data from the Service. Deletion may take time to propagate through backups as described in Section 10.

12. Acceptable Use

You agree not to use Hairmage to:

• Violate any applicable laws, regulations, or professional licensing requirements
• Infringe upon the intellectual property rights of Hairmage or any third party
• Upload malicious software, harmful content, or inappropriate material
• Attempt to reverse-engineer, decompile, or extract source code from the application
• Attempt to gain unauthorized access to our systems, other users' accounts, or backend infrastructure
• Use automated tools, bots, or scripts to interact with the Service
• Share your account credentials with unauthorized individuals
• Use the Service for any unlawful, fraudulent, or harmful purpose
• Abuse image analysis features or circumvent usage limits through any means
• Resell, redistribute, or commercially exploit the Service or its outputs without written permission

13. Service Availability & Modifications

While we strive to maintain consistent service availability:

• We do not guarantee uninterrupted, error-free, or continuously available service
• Scheduled and unscheduled maintenance may temporarily affect service access
• Third-party service outages (including cloud providers and AI services) may impact functionality
• We reserve the right to modify, suspend, or discontinue any feature of the Service at any time. Where feasible and where required by applicable law, we will provide reasonable notice for material changes that affect paid features.
• Hairmage is not responsible for any business losses, missed appointments, or operational disruptions resulting from service downtime or unavailability
• Offline functionality is provided on a best-effort basis and may not include all features

14. Limitation of Liability

15. Indemnification

You agree to indemnify, defend, and hold harmless Hairmage and its owners, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable laws or third-party rights; (d) any claims by your clients or third parties related to services you performed based on information from Hairmage; (e) your failure to obtain proper consents for client data; or (f) hair damage, adverse reactions, or any negative outcomes resulting from color treatments influenced by Hairmage recommendations.

16. Intellectual Property

The Hairmage application, including its software, algorithms, color databases, user interface design, graphics, logos, and all related content, is protected by copyright, trademark, trade secret, and other intellectual property laws.

17. License to Use

Subject to these Terms, Hairmage grants you a limited, non-exclusive, non-transferable, non-sublicensable license to use the Service for your internal professional salon operations. You may not copy, modify, distribute, sell, lease, reverse-engineer, decompile, or attempt to extract source code from the Service, except to the extent permitted by applicable law.

18. Termination

We may terminate or suspend your account and access to the Service at our sole discretion, without prior notice, for conduct that we believe:

• Violates these Terms or any applicable laws
• Is harmful to other users, Hairmage, or third parties
• Constitutes abuse of the Service or its features
• Involves fraudulent activity or misrepresentation

Upon termination, your right to use the Service will immediately cease. You may request a copy of your data within 30 days of termination, after which your data may be permanently deleted. Data deletion following termination may take time to propagate through backups. We may retain certain information where required by law.

19. Dispute Resolution

Any disputes arising from or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, to the extent permitted by applicable law, the dispute shall be resolved through binding arbitration in accordance with the rules of the applicable arbitration association in the jurisdiction where the Company is registered. To the extent permitted by applicable law, you agree to waive any right to a jury trial or to participate in a class action lawsuit against Hairmage.

If you are a consumer in the EEA or UK, nothing in these Terms limits your mandatory consumer rights; disputes may be brought before the competent courts in your country of residence. Nothing in this section limits any non-waivable consumer rights under applicable law.

20. Assumption of Risk

You acknowledge that hair coloring and chemical treatments are inherently risky activities. By using Hairmage's color recommendation features, you voluntarily assume all risks associated with the use of such recommendations, including but not limited to: incorrect color results, uneven color application, unexpected color shifts, hair damage, hair breakage, hair loss, scalp irritation, allergic reactions, and any other adverse outcomes. You agree that Hairmage bears no responsibility for any such outcomes.

21. Force Majeure

Hairmage shall not be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to: natural disasters, acts of government, pandemic, war, terrorism, power outages, internet disruptions, third-party service failures, or cyberattacks.

22. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The unenforceable provision shall be modified to the minimum extent necessary to make it enforceable while preserving its original intent.

23. Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated via email or through the application at least 30 days before they take effect. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Service.

24. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where the Company is registered. This does not override mandatory consumer protection laws where applicable.

25. Entire Agreement

These Terms, together with our Privacy Policy and any other legal documents or policies referenced herein, constitute the entire agreement between you and Hairmage regarding the use of the Service. These Terms supersede all prior agreements, understandings, and representations.

26. Contact Information

If you have any questions about these Terms of Service, please contact us: