PINKBOOK TERMS OF USE & SERVICE AGREEMENT

1. AGREEMENT TO TERMS

These Terms of Use and Service Agreement ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Pinkbook ("Pinkbook," "Platform," "we," "us," or "our") governing your access to and use of the Pinkbook platform, including any associated websites, applications, features, content, and services (collectively, the "Services").

By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use the Services.

2. DESCRIPTION OF SERVICES

Pinkbook is a digital booking and scheduling platform designed to facilitate interactions between service providers (such as stylists) and their clients. The Platform provides tools for scheduling, service management, client data storage, availability control, payment facilitation, and workflow organization.

Pinkbook does not provide services directly. All services listed on the Platform are independently offered and fulfilled by third-party service providers.

3. ELIGIBILITY

To use the Services, you must:

• Be at least the age of majority in your jurisdiction or have parental/guardian consent
• Have the legal capacity to enter into binding agreements
• Provide accurate and complete account information
• Comply with all applicable laws and regulations

We reserve the right to deny access at our discretion.

4. USER ACCOUNTS

To access certain features, you must create an account.

You agree to:

• Provide accurate, current, and complete information
• Maintain the confidentiality of your login credentials
• Accept responsibility for all activity under your account
• Notify us immediately of any unauthorized use

5. PLATFORM ROLES

5.1 Service Providers (Stylists)

Service providers are responsible for:

• Defining and managing services, pricing, durations, and deposits
• Setting availability and scheduling rules
• Establishing cancellation, late, and no-show policies
• Delivering services to clients

5.2 Clients

Clients are responsible for:

• Providing accurate personal and payment information
• Booking and attending appointments responsibly
• Complying with service provider policies
• Communicating changes in a timely manner

6. BOOKINGS AND SCHEDULING

The Platform facilitates appointment scheduling based on availability, service duration, and provider-defined settings including working hours and buffer time between appointments.

Bookings are subject to:

• Availability of the service provider as configured in their working hours settings
• Confirmation requirements (including payment or deposit where applicable)
• Service provider cancellation, no-show, and late arrival policies
• Buffer time enforced between appointments as configured by the service provider

Pinkbook does not guarantee appointment availability or service outcomes. Displayed availability is determined by provider-configured settings and may not reflect real-time changes.

6A. WAITLIST

Service providers may enable a waitlist feature allowing clients to request notification when a preferred time becomes available. By joining a waitlist, clients consent to being contacted by the service provider via their submitted email address or phone number when availability opens.

Waitlist entries are managed solely by the service provider. Pinkbook does not automatically convert waitlist entries into bookings. A client's inclusion on a waitlist does not guarantee a booking or constitute a confirmed appointment.

Clients may request removal from a waitlist by contacting the service provider directly. Service providers are responsible for managing their waitlist data in compliance with applicable privacy law.

6B. GIFT CERTIFICATES

Service providers may issue gift certificates through the Platform. The following terms apply:

• Gift certificates are issued at the dollar value set by the service provider and are redeemable only toward services offered by that specific service provider through Pinkbook
• Gift certificates are non-transferable and have no cash redemption value unless required by applicable law
• Pinkbook is not responsible for lost, stolen, or fraudulently redeemed gift certificate codes; code security is the responsibility of the issuing service provider and the recipient
• Disputes regarding gift certificate redemption or value are between the client and the service provider; Pinkbook may assist in investigation but is not liable for resolution
• Gift certificates may expire in accordance with applicable provincial law; service providers are responsible for configuring and disclosing expiry terms to their clients

6C. CUSTOM DOMAINS

Eligible service providers may configure a custom domain to host their Pinkbook booking page (e.g., book.yoursalon.com). By using this feature, you agree to the following:

• You represent that you own or have the legal right to use the domain you configure
• You are solely responsible for maintaining your domain registration, DNS configuration, and any associated hosting or SSL costs
• Pinkbook will issue domain verification tokens and DKIM/SPF records to facilitate email authentication; you are responsible for adding these records to your DNS configuration correctly
• Pinkbook reserves the right to suspend a custom domain configuration if it is used for deceptive, illegal, or abusive purposes
• If your domain expires or DNS records are removed, your custom domain will stop functioning; Pinkbook is not responsible for service interruption caused by domain or DNS misconfiguration
• Custom domain availability is a paid-tier feature and may be subject to plan-level access restrictions

7. PAYMENTS AND DEPOSITS

Payments may be processed through third-party providers.

Users acknowledge:

• Deposits may be required to confirm bookings
• Payment methods may include credit/debit cards or alternative methods defined by the provider
• Pinkbook does not store full payment card details
• Payment processing is handled externally

Service providers determine their own pricing, deposit structures, and payment requirements.

8. CANCELLATIONS, RESCHEDULING, AND NO-SHOWS

Each service provider defines their own policies regarding:

• Cancellations
• Rescheduling
• Late arrivals
• No-shows

By booking through the Platform, clients agree to comply with these policies. Penalties, fees, or forfeitures may apply in accordance with provider rules.

9. USER DATA AND CONTENT

Users may submit personal data, booking details, and other content.

You retain ownership of your data but grant Pinkbook a limited license to store, process, display, and transmit such data solely for operating and improving the Services.

You are responsible for ensuring the legality and accuracy of any data you provide.

9A. SERVICE PROVIDER DATA CONTROLLER RESPONSIBILITIES

When a service provider stores client records (names, contact information, booking notes, and related data) within Pinkbook, the service provider acts as the data controller for that client data. Pinkbook acts as a data processor on the service provider's behalf.

Service providers are solely responsible for:

• Obtaining any necessary consent from their clients before collecting and storing personal data through the Platform
• Complying with applicable privacy laws (including PIPEDA and applicable provincial legislation) in relation to their clients' data
• Responding to data access, correction, and deletion requests made by their own clients
• Ensuring that client contact information used for automated reminders and communications is accurate and consented to
• Maintaining appropriate data retention and deletion practices for their client records

Pinkbook will not use client data entered by service providers for any purpose other than operating the Platform for that service provider's account. Pinkbook will assist service providers in fulfilling verifiable deletion requests from their clients upon confirmation.

10. PRIVACY

Your use of the Services is subject to our data handling practices. By using the Platform, you consent to the collection and use of your information as necessary to operate the Services.

We implement reasonable safeguards but do not guarantee absolute security.

10A. DATA SECURITY AND DATA BREACH

Pinkbook implements reasonable administrative, technical, and organizational safeguards designed to protect user data, including encryption of sensitive information at rest and secure transmission protocols.

However, no system can guarantee absolute security.

In the event of a data breach or suspected unauthorized access involving user data, Pinkbook may take appropriate actions which may include:

• Investigating and containing the incident
• Notifying affected users where required by applicable law
• Coordinating with third-party security providers and authorities
• Implementing remedial security measures to mitigate risk

By using the Services, you acknowledge and agree that:

• Pinkbook does not guarantee that user data will never be compromised
• Encryption and security measures reduce risk but do not eliminate it
• You are responsible for maintaining the confidentiality of your account credentials
• Pinkbook shall not be liable for losses arising from unauthorized access, data breaches, or security incidents beyond its reasonable control, except as required by applicable law

Users agree to promptly notify Pinkbook if they suspect any unauthorized access to their account or data.

11. PROHIBITED ACTIVITIES

You agree not to:

• Use the Platform for unlawful purposes
• Interfere with system functionality or security
• Attempt unauthorized access to accounts or systems
• Misrepresent identity or information
• Exploit, reverse engineer, or copy the Platform without authorization
• Engage in fraudulent or abusive activity

Violations may result in suspension or termination.

12. THIRD-PARTY SERVICES

The Platform integrates with third-party service providers to deliver core functionality. By using the Platform, you acknowledge and agree that your data may be transmitted to and processed by these providers as necessary to operate the Services.

Stripe — Payment processing and Stripe Connect for service provider payouts. Stripe independently processes payment card data. You are subject to Stripe's Terms of Service.

Twilio — SMS appointment reminders, routed through the service provider's own connected Twilio account. Service providers are responsible for their Twilio account credentials and compliance with applicable messaging regulations (including TCPA, CASL, and similar laws).

Anthropic (Claude AI) — AI Brain features. When AI Brain is enabled, pseudonymized behavioral data may be processed through Anthropic's API. See Section 12A.

Email Delivery Provider — Transactional emails (confirmations, reminders, password resets) are delivered through a configured email delivery provider (such as SendGrid) or via a custom domain SMTP configuration. Email delivery is subject to that provider's terms.

Railway — Cloud infrastructure provider hosting the Platform's backend and database.

Pinkbook is not responsible for:

• Third-party service availability or performance
• Third-party data handling practices (governed by their respective privacy policies and terms)
• Errors, outages, or failures originating from third-party systems
• Third-party fee changes or billing policies

12A. AI FEATURES AND AUTOMATED PROCESSING

Pinkbook offers an optional AI Brain feature powered by Anthropic's Claude AI. This feature is controlled by the service provider and can be enabled or disabled at any time in account Settings.

12A.1 What the AI Brain Does

When enabled, the AI Brain analyzes booking history and anonymized behavioral signals to generate structured business recommendations for the service provider, such as client re-engagement prompts, service preference insights, and scheduling optimizations. Computed signals and recommendations are stored in the service provider's account.

12A.2 Data Sent to Anthropic

Only pseudonymized and aggregated data is transmitted to Anthropic's API — hashed client identifiers and aggregated booking statistics. Raw personal data (names, email addresses, phone numbers) is never sent to Anthropic for AI processing.

12A.3 No Guarantees on AI Output

AI-generated recommendations are provided for informational purposes only. Pinkbook makes no representations or warranties regarding the accuracy, completeness, or fitness for purpose of any AI-generated content. Service providers are solely responsible for any actions taken based on AI recommendations. AI outputs do not constitute professional business, legal, or financial advice.

12A.4 Client Awareness

Service providers who enable AI Brain are responsible for ensuring their use of AI-assisted analysis of client data complies with applicable privacy law, including any notification or consent requirements that may apply in their jurisdiction.

13. DISCLAIMERS

The Services are provided "as is" and "as available" without warranties of any kind.

Pinkbook does not guarantee:

• Uninterrupted or error-free operation
• Accuracy or reliability of user-generated content
• Outcomes of services provided by third-party users

14. LIMITATION OF LIABILITY

To the maximum extent permitted by law:

• Pinkbook shall not be liable for indirect, incidental, or consequential damages
• Pinkbook shall not be liable for disputes between users
• Pinkbook shall not be liable for service delivery outcomes

Your sole remedy is to discontinue use of the Services.

15. INDEMNIFICATION

You agree to indemnify and hold harmless Pinkbook and its affiliates from any claims arising out of:

• Your use of the Services
• Your violation of these Terms
• Your violation of applicable laws or third-party rights

16. TERMINATION

We may suspend or terminate your access at any time for violations of these Terms or harmful conduct.

You may terminate your account at any time by discontinuing use of the Services.

17. PAID SERVICES, SUBSCRIPTIONS, AND BILLING

17.1 Subscription Plans

Pinkbook offers tiered subscription plans ("Starter," "Pro," "Salon") that grant access to additional features, functionality, usage capacity, and premium support channels. Feature availability, usage limits, and pricing for each plan are detailed on the Pinkbook pricing page and may be updated from time to time. Your plan tier determines the scope of services available to you.

17.2 Billing and Authorization

By subscribing to a paid plan, you expressly authorize Pinkbook to charge, and continue to charge, your designated payment method on a recurring basis at the frequency associated with your selected billing cycle (monthly or annual). You represent and warrant that you are authorized to use the payment method provided. Pinkbook may use third-party payment processors (e.g., Stripe) to facilitate billing, and you agree to comply with their terms of service.

17.3 Automatic Renewal

All subscriptions automatically renew at the end of each billing cycle at the then-current rate unless canceled at least 24 hours before the start of the next billing cycle. You acknowledge and agree that renewal charges are non-negotiable once processed. It is your sole responsibility to monitor your billing cycle and cancel before renewal if you do not wish to be charged.

17.4 Cancellation

You may cancel your subscription at any time through your account settings or by contacting support.

Upon cancellation:

• Your access to paid features will continue through the end of the current billing period you have already paid for
• No further charges will be applied after the current billing cycle ends
• Your account will revert to the free tier (Starter) at the end of the paid period
• Any data, configurations, or features exclusive to your paid tier may become inaccessible upon downgrade
• Pinkbook is not obligated to retain tier-specific data beyond 90 days after downgrade

17.5 Refunds and Pro-Rated Refund Policy

Refunds are only applicable under the following conditions:

• The user has not created, completed, or received any bookings during the current billing period, AND
• The user has not utilized any paid-tier features (including but not limited to: email/SMS notifications, custom domains, advanced reporting, API integrations) during the current billing period, AND
• The user submits a refund request within 14 days of the charge

Where eligible, Pinkbook may issue a pro-rated refund for the unused portion of the current billing cycle, calculated from the date the refund request is approved.

No refunds will be issued if:

• Any bookings, services, or platform usage have occurred during the billing period
• The account remains active and has utilized any paid features
• The refund request is submitted more than 14 days after the charge
• The account was terminated due to a Terms of Use violation
• The request falls outside the eligibility conditions stated above

All refund requests are subject to verification and final approval at Pinkbook's sole discretion, consistent with this policy and applicable consumer protection law. Refunds are processed to the original payment method within 5–10 business days of approval.

17.6 Price Changes

Pinkbook reserves the right to modify subscription pricing at any time. You will be notified of any price changes at least 30 days before they take effect, via email or in-app notification. Continued use of paid services after the effective date of a price change constitutes your acceptance of the new pricing. If you do not agree, you must cancel your subscription before the next billing cycle.

17.7 Non-Payment and Payment Failures

If a payment fails or is declined, Pinkbook may:

• Retry the charge up to 3 times over a 10-day grace period
• Suspend access to paid features during the grace period
• Downgrade your account to the free tier if payment is not resolved within the grace period
• Terminate the account if non-payment persists beyond 30 days

You remain liable for all accrued charges during any period of non-payment. Pinkbook reserves the right to engage collection services or report delinquent accounts.

17.8 Taxes

All subscription fees are exclusive of applicable taxes (including but not limited to GST, HST, VAT, or sales tax) unless otherwise stated. You are solely responsible for determining and remitting any taxes, duties, or government assessments associated with your use of paid services. Pinkbook will collect applicable taxes where legally required to do so.

17.9 Fair Use Policy

Paid plans include generous usage allowances. However, Pinkbook reserves the right to monitor usage and enforce fair use limits to prevent abuse, system degradation, or resource exhaustion. Excessive automated activity, bulk data operations, or usage patterns inconsistent with normal business use may result in throttling, feature restriction, or account review. Pinkbook will provide reasonable notice before taking enforcement action, except in cases of urgent system protection.

17.10 Service Credits and Compensation

In the event of a Pinkbook service outage exceeding 24 consecutive hours that materially impacts your ability to use paid features, you may request a service credit. Service credits are calculated as a pro-rated amount based on the duration of the outage and are applied to future billing cycles. Service credits do not apply to outages caused by scheduled maintenance, force majeure events, or third-party service disruptions.

18. MODIFICATIONS TO TERMS

Pinkbook reserves the right to modify, amend, or replace these Terms at any time. When we make material changes, we will:

• Update the "Last Updated" date at the top of this document
• Provide notice via email to your registered account address and/or a prominent in-app notification at least 14 days before material changes take effect
• Clearly describe the nature of the changes in the notification

Your continued use of the Platform after the effective date of any modifications constitutes your binding acceptance of the updated Terms. If you do not agree with any changes, you must immediately discontinue use and, if applicable, cancel your subscription. It is your responsibility to review these Terms periodically.

19. GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to conflict of law principles. Any legal proceedings arising from or related to these Terms or your use of the Platform shall be brought exclusively in the courts of competent jurisdiction located in Toronto, Ontario, Canada, and you irrevocably consent to the personal jurisdiction of such courts.

Notwithstanding the foregoing, Pinkbook retains the right to seek injunctive or other equitable relief in any jurisdiction to protect its intellectual property rights or confidential information.

20. DISPUTE RESOLUTION

Before initiating any formal legal proceedings, you agree to first attempt to resolve any dispute arising from these Terms or your use of the Platform through the following process:

• Informal Resolution: Contact Pinkbook at the email address listed in Section 27. We will make a good-faith effort to resolve your concern within 30 business days.
• Mediation: If informal resolution fails, either party may initiate non-binding mediation administered by a mutually agreed-upon mediator. Each party bears its own mediation costs.
• Binding Arbitration: If mediation fails, the dispute shall be settled by binding arbitration in accordance with the rules of the ADR Institute of Canada, conducted in Toronto, Ontario. The arbitrator's decision shall be final and enforceable in any court of competent jurisdiction.

Class Action Waiver: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not as part of a class, consolidated, or representative action. You waive any right to participate in class action lawsuits or class-wide arbitration against Pinkbook.

Small Claims Exception: Either party may bring an individual action in small claims court for disputes within the court's jurisdictional limits.

21. SEVERABILITY

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent of the parties, or if modification is not possible, it shall be severed from these Terms.

22. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy, any applicable subscription agreement, and any additional terms referenced herein, constitute the entire agreement between you and Pinkbook regarding your use of the Platform and Services. These Terms supersede all prior negotiations, representations, warranties, commitments, and communications (whether written or oral) between you and Pinkbook relating to the subject matter hereof.

No waiver of any provision of these Terms shall be effective unless in writing and signed by Pinkbook. The failure by Pinkbook to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

23. INTELLECTUAL PROPERTY

All content, features, functionality, trademarks, service marks, logos, designs, text, graphics, software, and other intellectual property displayed on or through the Platform are the exclusive property of Pinkbook or its licensors and are protected by applicable intellectual property laws.

• You may not copy, reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any Platform content without prior written consent from Pinkbook
• The "Pinkbook" name, logo, and all related names, logos, and slogans are trademarks of Pinkbook and may not be used without express written permission
• Any feedback, suggestions, or ideas you submit to Pinkbook become the sole property of Pinkbook, and you assign all rights therein to Pinkbook without compensation

24. FORCE MAJEURE

Pinkbook shall not be liable for any failure or delay in performing its obligations under these Terms if such failure or delay results from circumstances beyond its reasonable control, including but not limited to: natural disasters, pandemics, government actions, war, terrorism, labor disputes, power failures, internet or telecommunications failures, cyberattacks, or third-party service provider outages. During any force majeure event, Pinkbook's obligations are suspended for the duration of the event.

25. ASSIGNMENT

You may not assign, transfer, or delegate your rights or obligations under these Terms without prior written consent from Pinkbook. Pinkbook may freely assign these Terms and its rights and obligations hereunder in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets, without your consent or notice. Subject to the foregoing, these Terms bind and inure to the benefit of the parties and their respective successors and permitted assigns.

26. ELECTRONIC COMMUNICATIONS CONSENT

By creating an account or using the Platform, you consent to receive electronic communications from Pinkbook, including but not limited to: account notifications, booking confirmations, billing receipts, service updates, marketing communications (where you have opted in), and legal notices. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. You may opt out of marketing communications at any time, but transactional and legal communications are mandatory while your account remains active.

27. CONTACT

For questions, concerns, or legal notices regarding these Terms, please contact: