EMVARI

Marketplace User Agreement

Consumer Terms of Use — for clients who discover, book, and pay for services through Emvari

These Marketplace User Agreement terms (the “Terms”) are a binding agreement between you and Emvari, a Arizona LLC (“Emvari,” “we,” “our,” or “us”). They govern your access to and use of our consumer websites, the Emvari marketplace, the Emvari customer mobile application, in-location self-service kiosks operated by participating businesses, and all related online services (together, the “Services”). These Terms apply whether or not you create an account.

EMVARI IS A TECHNOLOGY PLATFORM AND MARKETPLACE. EMVARI IS NOT A SALON, SPA, STUDIO, BARBERSHOP, OR PROVIDER OF ANY BEAUTY, WELLNESS, OR PERSONAL-CARE SERVICE. THE SERVICES YOU BOOK ARE PROVIDED SOLELY BY THE INDEPENDENT BUSINESS AND PROFESSIONALS LISTED ON EMVARI (“PROVIDERS”), NOT BY EMVARI. YOUR INTERACTION WITH ANY PROVIDER, AND YOUR PURCHASE, RECEIPT, AND USE OF ANY SERVICE, ARE SOLELY BETWEEN YOU AND THE PROVIDER. YOU AGREE TO RESOLVE ANY DISPUTE ABOUT A SERVICE, ITS QUALITY, ITS SAFETY, OR ITS OUTCOME WITH THE PROVIDER, NOT WITH EMVARI.

THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND A CLASS-ACTION AND JURY-TRIAL WAIVER (SECTION 16). THEY AFFECT HOW DISPUTES BETWEEN YOU AND EMVARI ARE RESOLVED. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS AS DESCRIBED IN SECTION 16. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICES.

For how we collect, use, and disclose information about you, see our Privacy Policy at [PRIVACY POLICY URL]. Because certain information collected through Emvari (including through intake forms, waivers, and the kiosk) may qualify as regulated consumer health data, additional terms and a separate consent apply — see our Consumer Health Data Privacy Notice at Section 8 below.

1. Acceptance of These Terms

You accept these Terms when you do any of the following: create an account; book, request, or pay for a Provider’s services through the Services; check in, pay, tip, rebook, sign a form, or leave a review at an Emvari application; or otherwise access or use the Services. Where the Services present a checkbox or an “I agree” or “by booking you agree” prompt, checking the box or completing the action confirms your agreement, and we record the date and time of your acceptance.

We may update these Terms from time to time. When we do, we will revise the “Last Updated” date above, and for material changes we will provide additional notice (for example, by email). Unless we state otherwise, amended Terms take effect when posted, and your continued use of the Services after the effective date confirms your acceptance. If you do not agree to the updated Terms, you must stop using the Services.

1.2 Additional Terms

Some features, promotions, or Services may be subject to additional posted terms, rules, or policies. If those additional terms conflict with these Terms, the additional terms control for that feature only.

2. Eligibility and Accounts

2.1 Age

You must be at least 18 years old (or the age of majority where you live) to create an account or book services on your own behalf. A parent or legal guardian may book services for a minor, and by doing so agrees to these Terms on the minor’s behalf and is responsible for the minor’s use of the Services.

2.2 Geographic Availability

The Services are currently offered only in the United States. You may not use the Services if you are located in, or are a resident of, a country or region subject to U.S. embargo or sanctions, or if you appear on any U.S. government list of prohibited or restricted parties.

2.3 Your Account

You may create an account to use many features of the Services. You are responsible for keeping your login credentials confidential and for all activity under your account. Use a strong, unique password, keep your information current, and notify us promptly if you suspect unauthorized access. We may reject, reclaim, or require you to change a username, including to protect the rights of a business or trademark holder.

3. The Marketplace and Booking Services

Emvari lets you discover Providers by location, service, availability, and professional; view their services, pricing, team, and reviews; book and pay for appointments; join waitlists; check in; rebook; and communicate with Providers. Availability, pricing, service descriptions, cancellation windows, deposit requirements, and other terms are set by each Provider, not by Emvari.

3.1 Your Relationship With Providers

When you book a service, you enter into a direct agreement with the Provider for that service. The Provider, not Emvari, is solely responsible for performing the service; for its quality, safety, timing, and results; for the conduct and licensure of its personnel; for compliance with all laws applicable to the service (including health, safety, sanitation, and professional-licensing laws); and for honoring its own pricing, cancellation, refund, and rescheduling policies. Emvari does not employ, supervise, direct, or control Providers and does not guarantee that any Provider will perform any service or that any service will meet your expectations.

3.2 Bookings, Deposits, and Cancellations

When you book, you agree to the Provider’s posted policies, which may require a deposit, a card on file, or a cancellation or no-show fee. You authorize Emvari and its payment processor to charge your selected payment method for the service, applicable deposits, tips you choose, retail items you purchase, and any cancellation or no-show fee that applies under the Provider’s policy. Cancellation, refund, and no-show terms are set and enforced by the Provider. Emvari facilitates the charge on the Provider’s behalf but is not the merchant of record for the underlying service and does not set or arbitrate refund outcomes.

3.3 Payments and Payment Processor

Payments through the Services are processed by our third-party payment processor. By providing a payment method, you authorize us and the processor to store and charge it as described in these Terms and the Provider’s policies, and you agree to the processor’s applicable terms. Card details are tokenized and stored by the processor; Emvari does not receive or store full card numbers. You are responsible for keeping your payment information accurate and current.

3.4 Walk-Ins, Waitlists, and Kiosk Bookings

Some Providers accept walk-ins, waitlist entries, or on-site bookings through a kiosk. Availability shown is real-time but not guaranteed; a slot may be taken between the moment you view it and the moment you confirm. Section 7 governs your use of kiosks.

4. Emvari’s Role as Intermediary

Emvari provides technology that connects you with Providers and enables discovery, booking, communication, payment, and related functions. Emvari does not provide, and is not responsible for, the services you book. Any information Emvari displays about a Provider, including descriptions, pricing, availability, credentials, or reviews, is provided by the Provider or by users, and Emvari does not independently verify it except where we expressly state otherwise. Emvari is not a party to the service agreement between you and a Provider, does not act as your agent or the Provider’s agent except for the limited payment-collection function described in Section 3, and disclaims responsibility for the acts or omissions of any Provider or other user.

5. Reviews, Photos, and Other User Content

The Services may let you create, post, or share content — including ratings, reviews, messages, and photos (such as inspiration or reference images you share with a Provider) (“User Content”). You retain your rights in your User Content. You grant Emvari and its users a nonexclusive, worldwide, royalty-free, fully paid, sublicensable, and transferable license to host, store, use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your User Content in connection with operating, providing, and promoting the Services. Reviews and ratings you post may be displayed publicly with your name or username.

You represent that you have all rights necessary to grant this license and that your User Content is truthful and does not violate any law or third-party right. You may not post User Content that is unlawful, defamatory, obscene, harassing, deceptive, infringing, or that contains another person’s private information without consent, or that does not reflect your genuine experience. We may remove User Content or suspend accounts at our discretion, but we are not obligated to monitor User Content.

6. Communications and Text Messages

By providing your phone number or email and using the Services, you agree that Emvari and Providers may contact you with transactional messages relating to your bookings, confirmations, reminders, changes, receipts, and account or security notices, by email, SMS, push notification, or phone.

MARKETING MESSAGES REQUIRE YOUR SEPARATE CONSENT. IF YOU OPT IN TO PROMOTIONAL OR MARKETING TEXT MESSAGES, YOU CONSENT TO RECEIVE AUTODIALED OR PRERECORDED MARKETING MESSAGES AT THE NUMBER YOU PROVIDE. CONSENT IS NOT A CONDITION OF ANY PURCHASE. MESSAGE AND DATA RATES MAY APPLY. YOU MAY OPT OUT AT ANY TIME BY REPLYING STOP OR AS DESCRIBED IN THE MESSAGE.

Transactional messages are part of the Services and continue even if you opt out of marketing. You are responsible for notifying us if your phone number changes.

7. Use of Emvari Kiosks

Providers may operate Emvari self-service kiosks in their locations for check-in, sharing preferences, payment, tipping, rebooking, review requests, form and waiver completion, and retail purchases. When you use a kiosk, these Terms and the Privacy Policy apply, together with any additional notice presented at the kiosk. Information you enter at a kiosk, which may include your name, contact details, preferences, payment authorization, signatures, and information you provide on intake forms or waivers, is processed as described in the Privacy Policy and, where applicable, the Consumer Health Data Privacy Notice. Do not enter information at a kiosk on behalf of another person without their authorization. If you need assistance at a kiosk, Provider staff can help you.

8. Consumer Health Data

Some information you provide through the Services, for example, on intake forms, consultation questions, allergy disclosures, skin- or scalp-condition notes, and consent waivers, whether completed online or at a kiosk — may relate to your health and may qualify as “consumer health data” under laws including the Washington My Health My Data Act, the Nevada consumer health data law, and the Connecticut Data Privacy Act, as well as other state privacy laws.

Where those laws apply, we collect, use, and share consumer health data only as described in, and consistent with the consent obtained through, our Consumer Health Data Privacy Notice. That Notice describes the categories of consumer health data we process, the purposes, who may receive it, your rights (including the right to withdraw consent and to have such data deleted), and how to exercise them. To the extent of any conflict between these Terms and the Consumer Health Data Privacy Notice regarding consumer health data, that Notice controls.

9. Prohibited Conduct

You will use the Services only for their intended purpose and in compliance with law. You will not:

1. Violate any law, contract, intellectual-property right, or other right, or engage in fraud;
2. Harass, threaten, intimidate, stalk, or harm any person, including Providers or their staff;
3. Book services you do not intend to attend, or abuse deposit, cancellation, or refund processes;
4. Use another person’s account or payment method without authorization, or impersonate any person or entity;
5. Post false, deceptive, or incentivized reviews, or reviews that do not reflect a genuine experience;
6. Scrape, data-mine, reverse-engineer, disrupt, overburden, or attempt to gain unauthorized access to the Services;
7. Resell the Services, or use bots or automated tools to interact with the Services without our written consent; or
8. Send spam or unsolicited commercial messages through the Services.

10. Intellectual Property

The Services and all content and materials in them (excluding User Content and Provider-supplied content) are owned by Emvari or its licensors and are protected by law. Subject to these Terms, we grant you a limited, nonexclusive, nontransferable, revocable license to access and use the Services for your own personal, noncommercial use. “Emvari” and our logos and marks may not be used without our written permission. Any feedback you send us about the Services may be used by us without restriction or compensation.

11. Copyright Complaints

We respond to notices of alleged copyright infringement under the Digital Millennium Copyright Act (DMCA) and may terminate accounts of repeat infringers. If you believe content on the Services infringes your copyright, send a notice with the information required by 17 U.S.C. § 512(c)(3) to our designated agent:

Designated Agent: [NAME]

Address: [MAILING ADDRESS]

Email: [DMCA EMAIL]

⚑ ATTORNEY REVIEW / DECISION NEEDED Register a DMCA agent with the U.S. Copyright Office and fill in these fields. A false or unregistered agent notice section is worse than none.

12. Third-Party Services and Links

The Services may link to or interoperate with third-party services (for example, payment processors, mapping, or messaging services). Those services are governed by their own terms and privacy policies, and Emvari is not responsible for them. Your dealings with any third party are solely between you and that third party.

13. Indemnification

To the fullest extent permitted by law, you will indemnify, defend, and hold harmless Emvari and its affiliates and their respective officers, directors, employees, and agents (the “Emvari Parties”) from any claims, losses, liabilities, damages, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Services; (b) your User Content; (c) your violation of these Terms; (d) your violation or infringement of any right of another; or (e) your interaction with, or receipt of services from, any Provider or other third party.

14. Disclaimers

THE SERVICES AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. EMVARI DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR ACCURATE.

EMVARI IS NOT RESPONSIBLE FOR AND DISCLAIMS ALL LIABILITY FOR THE SERVICES PROVIDED BY ANY PROVIDER, INCLUDING THEIR QUALITY, SAFETY, LEGALITY, TIMING, OR OUTCOME, AND FOR THE ACTS OR OMISSIONS OF ANY PROVIDER, THEIR STAFF, OR ANY OTHER USER. YOU ASSUME ALL RISK ARISING FROM YOUR SELECTION OF, AND YOUR RECEIPT OF SERVICES FROM, A PROVIDER.

15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE EMVARI PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR LOST DATA, EVEN IF ADVISED OF THE POSSIBILITY. THE EMVARI PARTIES’ TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES IS LIMITED TO THE GREATER OF $100 OR THE AMOUNT YOU PAID TO EMVARI (AS OPPOSED TO AMOUNTS PAID TO PROVIDERS) IN THE 12 MONTHS BEFORE THE CLAIM.

These limitations do not exclude liability for gross negligence, fraud, or intentional misconduct, or any liability that cannot be excluded under applicable law. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

16. Dispute Resolution and Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND EMVARI TO RESOLVE MOST DISPUTES THROUGH INDIVIDUAL BINDING ARBITRATION AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. YOU MAY OPT OUT WITHIN 30 DAYS.

16.1 Informal Resolution First

Before starting arbitration, you and Emvari agree to try to resolve the dispute informally for 45 days after written notice describing the dispute, the relief sought, and your contact information. Send notice to hello@emvari.com. No arbitration may be filed until this period ends.

16.2 Agreement to Arbitrate

Except for the exceptions below, any dispute, claim, or controversy between you and Emvari arising out of or relating to these Terms or the Services will be resolved by final and binding individual arbitration administered by the American Arbitration Association (AAA) under its applicable rules, governed by the Federal Arbitration Act. Disputes about the scope, enforceability, or validity of this Section are for the arbitrator to decide. Note that disputes about a Provider’s services are between you and the Provider, this Section governs disputes between you and Emvari.

16.3 Exceptions

Either party may bring an individual claim in small-claims court if it qualifies, and either party may seek injunctive relief in court to protect its intellectual property.

16.4 Class-Action and Jury Waiver

ARBITRATION WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS. YOU AND EMVARI WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.

16.5 30-Day Right to Opt Out

You may opt out of this arbitration agreement within 30 days after you first accept these Terms by emailing hello@emvari.com with your full name, mailing address, email address, and a clear statement that you want to opt out of arbitration. Opting out does not affect any other part of these Terms.

16.6 Severability

If any part of this Section is found unenforceable, the rest remains in effect, except that if the class-action waiver is found unenforceable as to a particular claim, that claim will proceed in court and be severed from any arbitration.

17. Modifying and Terminating the Services

We may modify, suspend, or discontinue any part of the Services at any time. We may suspend or terminate your access if you violate these Terms or misuse the Services. You may stop using the Services at any time. Sections that by their nature should survive termination — including intellectual property, disclaimers, limitation of liability, indemnification, and arbitration — will survive.

18. General

18.1 Governing Law and Venue

These Terms are governed by the laws of the State of Arizona, without regard to conflict-of-law rules, except as preempted by federal law. Any dispute not subject to arbitration and not brought in small-claims court will be resolved exclusively in the state or federal courts located in Maricopa County, Arizona, and you consent to their jurisdiction. If your local consumer-protection law requires otherwise, that law applies to you to the extent of the conflict.

18.2 Severability; Waiver; Entire Agreement

If any provision is found unenforceable, it will be limited or severed to the minimum extent necessary and the rest remains in effect. Our failure to enforce a provision is not a waiver. These Terms, together with the policies referenced in them, are the entire agreement between you and Emvari regarding the Services and supersede prior agreements on the subject. “Including” means “including without limitation.”

18.3 California Consumers

Under California Civil Code § 1789.3, California users may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N-112, Sacramento, CA 95834, or (800) 952-5210.

18.4 Contact

Questions or complaints about the Services can be sent to hello@emvari.com. Email is not necessarily secure, do not include payment cards or other sensitive information.

19. Additional Terms for Apple Devices

If you use our iOS application: these Terms are between you and Emvari, not Apple; Emvari, not Apple, is responsible for the app and its content; Apple has no obligation to provide maintenance or support; Apple is not responsible for any product warranties, and to the extent the app fails to conform to any applicable warranty, Apple may refund the purchase price (if any) and will have no further warranty obligation; Emvari, not Apple, is responsible for addressing claims relating to the app, including product-liability, legal-conformance, and consumer-protection claims, and any third-party intellectual-property infringement claim; and Apple and its subsidiaries are third-party beneficiaries of this Section and may enforce it against you.

By using the Services, you acknowledge that you have read and agree to these Terms, including the intermediary structure (Emvari is not the service provider), the arbitration agreement and class-action waiver (Section 16), and the consumer-health-data provisions (Section 8).