Couaff Inc. Terms and Conditions of Use/Community Standards/General Release

TERMS AND CONDITIONS OF USE

These Terms and Conditions of Use govern your access to and use of Couaff Inc.’s application and related content and services for on demand hair braiding that connects hair stylists, other third-party providers, and customers (“Couaff”).

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND COUAFF.

By accessing and using Couaff, you are confirming your agreement to be bound by these Terms and Conditions of Use.  If you do not agree to these Terms and Conditions of Use, you may not access or use Couaff.  These Terms and Conditions of Use constitute the complete and final agreement between you and Couaff and supersede any preceding written or oral understanding, promise, or agreement that is not referred to or incorporated in these Terms and Conditions of Use.  You agree that you have not relied on any representations, statements, promises, or agreements that are not expressly set forth in these Terms and Conditions of Use.  Couaff may immediately terminate these Terms and Conditions of Use with respect to you and may generally cease offering or deny access to Couaff, or any portion thereof, at any time, for any reason.

Couaff may make changes to these Terms and Conditions of Use from time to time.  Couaff will provide notice of such changes.  Unless stated otherwise, any such changes will be effective immediately and your continued access and use of Couaff after notice is provided will confirm your acceptance of any such changes.  If you do not agree to any new Terms and Conditions of Use, you must stop accessing and using Couaff.

Supplemental terms and conditions may apply to certain options or offers available through Couaff, such as individual policies of a particular hairstylist, other third-party provider, service, event, program, activity, or promotion.  Any such supplemental terms and conditions will be disclosed to you in connection with the applicable option or offer.  Any such supplemental terms and conditions are in addition to these Terms and Conditions of Use.

You acknowledge that while Couaff enables hairstylists, other third-party providers, and customers to connect, interact, schedule appointments, make payments, and exchange information, Couaff is not a provider of any hairstylist or other similar services.  Hairstylists and other third-party providers using Couaff are independent third-party providers and are not agents, employees, or contractors of Couaff.  Couaff makes no warranties or representations as to the products or services provided by any hairstylist or other third-party provider listed on Couaff.  Couaff does not control, manage, direct, or endorse any third-party services, activities, products, or content that is accessible via Couaff.  COUAFF IS NOT RESPONSIBLE OR LIABLE FOR ANY THIRD-PARTY SERVICES, ACTIVITIES, PRODUCTS, OR CONTENT THAT IS ACCESSIBLE VIA COUAFF.

Subject to these Terms and Conditions of Use, Couaff grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use Couaff, any content, information, and related materials that are made available through Couaff, on your personal device solely in connection with, in the manner it was designed to be used in, and for such purposes as it was designed to be used for.  Any rights not expressly granted herein are reserved by Couaff.

You may not: (a) remove any copyright, trademark, or other proprietary notices from any portion of Couaff; (b) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, screenshot, transmit, stream, broadcast, or otherwise exploit any Couaff content or technology, except as expressly permitted by Couaff; (c) decompile, reverse engineer, or disassemble any aspect of Couaff, except as may be permitted by applicable law; (d) link to, mirror, or frame any portion of the content or technology of Couaff, except as expressly permitted by Couaff; (e) cause or launch any programs, scripts, or the like that alter the performance of Couaff, including for the purpose of unduly burdening or hindering the operation or functionality of any aspect of Couaff; or (f) attempt to gain unauthorized access to or impair any aspect of Couaff.

You agree you will not use, in any manner, Couaff’s name, trademarks, service marks, or trade dress or any similar names, trademarks, service marks, or trade dress, aside from your incidental use of Couaff, without the express written permission of Couaff.

In order to use most of the aspects of Couaff you must register for and maintain an active Couaff account.  To register for a Couaff account you must be at least 18 years of age, or the age of legal majority in your jurisdiction if different than 18.  In order to register for a Couaff account as a hairstylist or third-party provider, you must have all appropriate business and professional licenses in your jurisdiction.  You may not register or maintain a Couaff account if you have been previously banned from Couaff.  Account registration requires you to submit to Couaff certain personal information, such as your name, business name, address, e-mail address, mobile phone number, age, and at least one valid payment method supported by Couaff.  You agree to maintain accurate, complete, and up-to-date information in your Couaff account, including a valid phone number, address, and payment method.  Hairstylists or third-party providers may also be required to provide an EIN or Social Security Number for tax purposes.  Users agree to use Couaff’s payment processing system and pay any applicable fees for using Couaff.  You are responsible for all activity that occurs under your Couaff account, and you agree to maintain the security and secrecy of your Couaff account username and password.  Unless otherwise permitted by Couaff in writing, you may only possess one Couaff account.  You may not authorize third-parties to use your Couaff account.

Couaff only collects the minimum personal information necessary for someone to access Couaff and such information that is collected or created by using Couaff.  Couaff does not sell or provide this information to anyone other than Couaff users and Couaff subsidiaries, successors, assigns, affiliates, agents, directors, officers, and employees and solely in connection with and as is needed to effectively access and use Couaff.  Please contact Couaff if you are no longer planning on using Couaff and would like for your personal information to be deleted.  Couaff will delete all such information within one week of any such request as long as all pending transactions submitted via Couaff’s payment processing system have been completed.

Couaff may allow you to generate or create content on Couaff.  Any user content provided by you remains your property, however, by providing such content to Couaff, you grant Couaff a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works, distribute, publicly display, or otherwise exploit in any manner such content in all formats and distribution channels now known or hereafter devised, without further notice or consent, and without the requirement of payment to you or any other person or entity.

You represent and warrant that you either are the sole and exclusive owner of any content you generate of create on Couaff or have all rights, licenses, consents, and releases necessary to grant Couaff the license to such content.  You further represent and warrant that any such content will not infringe, misappropriate, or violate a third-party’s intellectual property or proprietary rights, or any rights of publicity or privacy, or result in a violation of any applicable law or regulation.

You also agree not to generate or create content on Couaff that is defamatory, libelous, hateful, violent, obscene, pornographic, racist, sexist, unlawful, or otherwise offensive, as determined by Couaff in its sole discretion, whether or not such material may be protected by law.

Couaff is not obligated to review, monitor, or remove user content, but may do so at Couaff’s sole discretion, at any time, for any reason, and without providing notice.

You are responsible for obtaining the data network access necessary to use Couaff.  Your mobile network’s data and messaging rates and fees may apply if you access or use Couaff from your mobile device.  You are responsible for acquiring and updating compatible hardware of devices necessary to access and use Couaff and any updates thereto.  Couaff does not guarantee that the content or technology, or any portion thereof, will function on any particular hardware or device and is not responsible for any malfunctions or delays caused by the inherent nature of any mobile network or internet system.

COMMUNITY GUIDELINES

Couaff is committed to fostering a creative, safe, respectful, and positive experience for all of its users.  To help make this possible, Couaff expects that all of its users will behave appropriately and pursuant to the following guidelines.  Failing to follow any of these community guidelines may constitute a material breach or violation of the terms of your agreement with Couaff and may result in your loss of access to Couaff, or any portion thereof.

You must treat all within the Couaff community with respect, including all users of Couaff, Couaff, and Couaff’s agents, directors, officers, and employees.  Couaff is an anti-racist and anti-sexist company and will not tolerate any discrimination, harassment, retaliation, refusals to provide services, inflammatory language, or other inappropriate behavior based on race, sex, or any other legally protected characteristic.  Nor will any threatening or rude behavior or language be tolerated.

While the services offered on Couaff generally require physical contact, such contact should be limited to what is strictly necessary to perform any contracted services and consent must always be obtained in advance.  In addition, all users must follow all applicable safety and health guidelines.

Users are responsible for any property damage they cause that is outside of normal wear and tear.

Users must follow all applicable laws and regulations when using Couaff and when providing or obtaining services offered on Couaff.  Using Couaff to commit any crime or to violate any laws or regulations is strictly prohibited.

Couaff does not tolerate any fraud or deception.  Intentionally falsifying any information, including one’s identity, will not be tolerated.  Users are expected to provide accurate information when reporting incidents and complaints, describing services, charging for services, creating and accessing their accounts, and disputing charges or fees.

As much as Couaff tries to promote a safe environment for all of its users, it is incumbent on you to consider the risks involved in your activities and to maintain awareness of your surroundings.  If you feel that you are in an unsafe situation, you should immediately leave, call 911 if appropriate, and report the incident to Couaff.  Do not provide any personal information to Couaff users that you do not feel comfortable providing.  Remember to use common sense in all of your interactions with Couaff users in the same way that you would when interacting with the general public.

GENERAL RELEASE

You acknowledge that you are solely responsible for all tax payments required by law in connection with any consideration or payments exchanged, processed, enabled, agreed to, or made through Couaff.  You agree to indemnify Couaff for any unpaid taxes, garnishments, penalties, interest, and/or attorneys’ fees or costs concerning any challenge to the tax treatment of any consideration or payments exchanged, processed, enabled, agreed to, or made through Couaff.

You hereby release, acquit and forever discharge Couaff and each of its subsidiaries, predecessors, successors, assigns, affiliates, agents, directors, officers, employees, and former employees from any and all past, present, and future rights, actions, causes of actions, claims, demands, obligations, damages, costs, losses, expenses, compensation, or on account of, or in any way arising out of, any known and unknown injuries and damages of any nature resulting from your use of Couaff, and inclusive of claims for attorney’s fees and/or costs, whether authorized by statute, contract, or otherwise.  This release does not extend to rights that may not be waived as a matter of law.

COUAFF DOES NOT GUARANTEE THE QUALITY, SUITABILITY, OR ABILITY OF ANY HAIRSTYLISTS OR THIRD-PARTY PROVIDERS.  YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF COUAFF REMAINS SOLELY WITH YOU TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.  COUAFF SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF COUAFF.  YOU AGREE TO RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS COUAFF AND EACH OF ITS SUBSIDIARIES, PREDECESSORS, SUCCESSORS, ASSIGNS, AFFILIATES, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND FORMER EMPLOYEES FROM AND AGAINST ANY LOSS, DAMAGES, COSTS, LIABILITY, CLAIM, OBLIGATION, AND/OR CHARGES ASSERTED AGAINST YOU OR SUFFERED BY YOU OR COUAFF BROUGHT OR CAUSED BY ANY HAIRSTYLISTS, OTHER THIRD-PARTY PROVIDERS, OR OTHER USERS OF COUAFF.

You agree that this Agreement is to be construed and interpreted in accordance with the laws of the State of California and that the commencement of any proceedings regarding this Agreement are to be brought, filed, or otherwise initiated solely in the County of Los Angeles Superior Court of California or the Central District of California United States District Court located in Los Angeles, California.  You agree that the County of Los Angeles Superior Court of California or the Central District of California United States District Court located in Los Angeles, California shall have sole jurisdiction to interpret or enforce this Agreement and will be the venue of choice if any dispute as to this Agreement arises between the Parties.  However, you agree that prior to the commencement of any formal proceedings, you will attempt to resolve any dispute with Couaff through mediation or through another form of non-binding informal alternative dispute resolution. 

If any part of this Agreement is found to be invalid, the rest of the Agreement will be enforceable.