SalonAppy Terms of Use & Privacy Policy

SalonAppy Terms of Use

These SalonAppy Terms of Use (this “Agreement”) apply to your consumer use of (I) the SalonAppy website at http://www.salonappy.com and all affiliated websites owned and operated solely by SalonAppy (collectively, the “SalonAppy Site”), (2) the service booking services made available by SalonAppy through the SalonAppy Site, any SalonAppy-branded application for your mobile or other device (collectively, the “SalonAppy Application”), and any other online properties of SalonAppy or third parties, as described in Part I below (the “Booking Services”), and (II) any other services or features made available by SalonAppy through the SalonAppy Site or any SalonAppy Application. Together, the items in (1) through (2) are the “Services”.

This Agreement applies also, where applicable, to your commercial use of the Services as an SMB (defined below).

In this Agreement, “SalonAppy” and “we” refer to Kolay Randevu Internet Hizmetleri AŞ with its registered office in Turkey and all its designated agents, employees and subsidiaries within Turkey.

The terms “User” and “you” mean any user of the Services, in their respective country, and engaged in use of such Services. This Agreement incorporates SalonAppy’s standard policies, procedures, and terms and conditions for use of the Services that are referenced by name or by links in this Agreement (collectively, the “SalonAppy Policies”). These Parties shall be collectively referred to as the “SalonAppy Community”.

By accessing or using the Services or clicking “accept” or “agree” to this Agreement, (1) you acknowledge that you have read, understand, and agree to be bound by this Agreement, and (2) you represent and warrant that you are of legal age and not prohibited by law from accessing or using the Services, and, if applicable, (3) you have authority to register an SMB and act on its behalf. THIS AGREEMENT CONTAINS, AMONG OTHER THINGS, AN ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER.

SalonAppy may update or revise this Agreement (including any SalonAppy Polices) from time to time at its sole discretion and without limitation. You agree that you will review this Agreement periodically. You are free to decide whether or not to accept a modified version of this Agreement, but accepting this Agreement, as modified, is required for you to continue using the Services. You may have to click “accept” or “agree” to show your acceptance of any modified version of this Agreement. If you do not agree to the terms of this Agreement or any modified version of this Agreement, your sole recourse is to terminate your use of the Services, in which case you will no longer have access to your Account or SMB Account (as defined below). Except as otherwise expressly stated by SalonAppy, any use of the Services (e.g., the use of the Booking Services) is subject to the version of this Agreement in effect at the time of use.

Part I - Booking Services

• Appointment Booking. SalonAppy provides the Booking Services to User for the purpose of assisting User in discovering and booking appointments with variety of participating third-party small and medium businesses (each, a “SMB”). In response to a User’s online request for a SMB appointment through the SalonAppy Site or SalonAppy Application, SalonAppy directly contacts the SMB’s computerized database of appointments The availability of appointments is determined at the time of User’s query. Once an appointment is made by User through the SalonAppy Site or SalonAppy Application, SalonAppy will provide confirmation of the appointment to User by email. By using the Booking Services, User agrees to receive appointment confirmations by email after booking an appointment through the Booking Services.
• No-Show Policy. SalonAppy is committed to providing superior quality services to Users and SMBs. To assist us in maintaining a consistently high level of service for the SMBs and their patrons, Users must make every reasonable effort to cancel any appointments that they will be unable to honor at least 4 business hours in advance of the appointment. You may cancel your appointment via the SalonAppy Site or SalonAppy Application or by calling the SMB directly. Some SMBs may require a debit or credit card number to finalize your appointment. In order to use the Booking Services for these SMBs, you must provide valid debit or credit card information, and you may be required to cancel your appointment in accordance with the SMB’s cancellation policy, which will be disclosed at the time the appointment is made. SalonAppy uses this debit or credit card information as described in our privacy policy and shall have no liability for any charges made to the debit or credit card account for any failure to cancel your appointment in accordance with a SMB’s cancellation policy. You may be charged a cancellation fee of up to 100% of the value of service if you arrange a Booking Service, but cancel it before it is completed. Your Account may be terminated if you cancel multiple Booking Services if it is deemed, at the sole discretion of SalonAppy, that User’s account activity is detrimental to orderly Booking Services with SMBs and members of the SalonAppy Community.
• SalonAppy Rewards. User may be able to participate in SalonAppy’s User rewards program (“SalonAppy Rewards”). Participation is subject to the SalonAppy Rewards Terms and Conditions.
• Usage Guidelines. User agrees to use the Booking Services only to book appointments at SMBs and then honor those appointments by arriving at the SMBs on time and paying for the services booked and provided. Resale or attempted resale of appointments is prohibited and is grounds for, among other things, cancellation of your appointments or termination of your access to the Services.

Part II – Terms for All Services

• Privacy Policy. SalonAppy is committed to helping you safeguard your privacy online. Please review our privacy policy for details about how we collect, use, and disclose information in connection with the Services.
• Your Account. You must create an account with SalonAppy through the SalonAppy Site or SalonAppy Application (“Account”) in order to use the Booking Services. When registering for an Account, you must provide true, accurate, current, and complete data about yourself on the SalonAppy registration form (“Registration Data”). You also agree to promptly update the Registration Data to keep it true, accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your Account and the information in your Account, and, except as otherwise required by applicable law, you are solely responsible for all use of your Account, whether or not authorized by you. You agree to immediately notify SalonAppy of any unauthorized use of your Account or any other breach of security related to your use of the Services.
• SMB Accounts and Related Fees. In order to use and benefit from our Services as an SMB you must create an account through the SalonAppy Site or SalonAppy Application (“SMB Account”). By opening your SMB Account you agree to comply with the Terms of Use, Privacy Policy and agree to provide Users with the services they booked with you in accordance with the Terms of Use.
• When registering an SMB Account, you represent that you are authorized to act on behalf of the SMB and must provide true, accurate, current, and complete data about the SMB being registered. Registration may or may not be free of charge, depending on the region of the SMB’s business activity or type of services provided, thus, you may have to pay a fee to register your SMB account (“Registration Fee”). The exact amount of Registration Fee will depend on type and location of your SMB. SalonAppy reserves the right to change, from time to time and in its full discretion, the locations or types of SMBs which benefit from the reduced or waived Registration Fee.
• Registration Fees shall be transferred via PayPal and a PayPal account is accordingly required for the registration of an SMB Account. You agree that a specified fee will be periodically, monthly or semi-annually, depending on your arrangement with SalonAppy, transferred from your PayPal account for placing your offers via Services and maintaining the SMB account (“SMB Service Fee”). The first SMB Service Fee will be transferred at the moment of registration along with the Registration Fee if applicable. SalonAppy reserves the right to waive your SMB Service Fee for a certain period. After such period you will be presented with an offer of a certain SMB Service Fee and a pertinent amount will be transferred from your PayPal account if you agree to its conditions. SalonAppy reserves the right to block or delete the accounts of SMBs which do not transfer required fees.
• You can cancel your SMB Account by sending us an email on [email protected] However, SalonAppy will not refund you for the period already paid for, even if you were not using your SMB account during that period or your offer was not listed in the Services. In case of a cancellation, we reserve the right to delete your SMB Account from the Site within 30 days.<
• You also agree to promptly update your SMB account to keep it accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your SMB Account and the information in your SMB Account, and, except as otherwise required by applicable law, you are solely responsible for all use of your SMB Account, whether or not authorized by you. You agree to immediately notify SalonAppy of any unauthorized use of your SMB Account or any other breach of security related to your use of the Services.
• Communications from SalonAppy. The SalonAppy Application may use GPS locator capabilities to identify your current location. If you provide a mobile phone number, you hereby expressly consent to receive SMS text messages from SalonAppy regarding the Services and as otherwise described in our privacy policy. The communication standards for the Services include, but are not limited to: SMS, GPS, and web-based browser technology. In order to use the SMS-based Services, you must maintain an active account with a carrier of electronic communications through mobile devices and you may not use a prepaid cellular phone to access the Services.
• Technical Requirements. Use of the Services requires Internet access through your computer or mobile device. You are responsible for all mobile carrier charges resulting from your use of the Services, including from any notifications provided by the Services. SalonAppy does not guarantee that the Services will be compatible with all devices or will be supported by all mobile carriers. You may be required to have JavaScript (or similar technologies) enabled to use the SalonAppy Site, and some features and portions of the SalonAppy Site (including, but not limited to, making, modifying, or canceling appointments) may not be accessible with JavaScript disabled.
• Modifications to Services. SalonAppy reserves the right, in its sole discretion, to modify the Services from time to time and without notice, including, without limitation, by removing, adding, or modifying portions of the SalonAppy Site, SalonAppy Application, SMBs, and/or Merchants. SalonAppy shall have no liability to you for any of the foregoing actions. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following any such changes shall indicate your acknowledgment of such changes and satisfaction with all the Services.
• Intellectual Property Rights and Grant of Rights to User. The features, information, and materials provided and depicted through the Services are protected by copyright, trademark, patent, and other intellectual property laws. All text, graphical content, video, data, and other content made available through the Services (collectively, the “SalonAppy Content”) are provided to User by SalonAppy or its partners or licensors solely to support User’s permitted use of the Services. The SalonAppy Content may be modified from time to time by SalonAppy in its sole discretion. Except as expressly set forth herein, no license is granted to User for any other purpose, and any other use of the Services or the SalonAppy Content by User shall constitute a material breach of this Agreement. SalonAppy and its partners or licensors retain all rights in the Services and SalonAppy Content and any associated patents, trademarks, copyrights, mask work rights, trade secrets, or other intellectual property rights. No license, right, or interest in any trademarks of SalonAppy or any third party is granted under this Agreement.
• Application License. Subject to the terms and conditions of this Agreement, SalonAppy grants User a non-exclusive, non-transferable, revocable license to use the SalonAppy Application, in object code form only, on User’s compatible mobile devices, solely to support User’s permitted use of the Services.
• Use Restrictions. The Services and SalonAppy Content are offered solely for User’s personal use for the purposes described in this Agreement. Any and all other uses are prohibited. SalonAppy expressly reserves all its rights and remedies under applicable laws. SalonAppy reserves the right, in its sole discretion, to refuse service, terminate Accounts, remove or edit content, cancel reservations, or deny access to the Services. You agree not to (and not to allow any third party to): (1) use any robot, spider, scraper, or other automatic or manual device, process, or means to access the Services or copy any SalonAppy Content, except as expressly authorized by SalonAppy; (2) take any action that imposes or may impose (in SalonAppy’s sole determination) an unreasonable or a disproportionately large load on the Services or SalonAppy’s infrastructure; (3) utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of the Services; (4) rent, lease, copy, provide access to or sublicense any portion of the Services or SalonAppy Content to a third party; (5) use any portion of the Services or SalonAppy Content to provide, or incorporate any portion of the Services or SalonAppy Content into, any product or service provided to a third party; (6) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Services, except to the extent expressly permitted by applicable law (and then only upon advance notice to SalonAppy); (7) modify any Services or SalonAppy Content or create any derivative product from any of the foregoing; (8) remove or obscure any proprietary or other notices contained in the Services or SalonAppy Content; (9) use the Services or SalonAppy Content for any illegal purpose; or (10) publicly disseminate information regarding the performance of the Services or SalonAppy Content or access or use the Services or SalonAppy Content for competitive analysis or benchmarking purposes.
• Termination. SalonAppy may suspend your ability to use all or any element of the Services or may terminate this Agreement effective immediately, without notice or explanation. Without limiting the foregoing, SalonAppy may suspend your access to the Services if we believe you to be in violation of any part of this Agreement (including any SalonAppy Policies) or, with respect to purchasers of SalonAppy Gift Cards or Merchant Gift Cards and Users of the Payment Services, if we receive excessive chargebacks on the debit or credit card associated with your Account. After any suspension or termination, you may or may not be granted permission to use the Services or re-establish an Account, and you may lose access to and be unable to use any accumulated points as described in the SalonAppy Rewards Terms and Conditions. You agree that SalonAppy shall not be liable to you for any termination of this Agreement or for any effects of any termination of this Agreement. You are always free to discontinue your use of the Services at any time. You understand that any termination of your Account may involve deletion of any content stored in your Account for which SalonAppy will have no liability whatsoever.
• Reviews, Comments, Communications, and Other Content. The Services may permit you to submit reviews, comments, and ratings; send emails and other communications; and submit suggestions, ideas, comments, questions, or other information for publication and distribution to SMBs and other third parties (“User Content”). Any such User Content must not be illegal, threatening, obscene, racist, defamatory, libelous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of privacy, purposely false or otherwise injurious to third parties, or objectionable and must not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of “spam” or references to illegal activity, malpractice, purposeful overcharging, false advertising, or health code violations (e.g., insects in the local, infections, food poisoning, etc.). You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of User Content. SalonAppy reserves the right (but has no obligation) to monitor, remove, or edit User Content in SalonAppy’s sole discretion, including if User Content violates this Agreement (including any SalonAppy Policies), but you acknowledge that SalonAppy may not regularly review submitted User Content. If you do submit User Content, and unless we indicate otherwise, you grant SalonAppy a nonexclusive, perpetual, royalty-free, irrevocable, and fully sub-licensable (through multiple tiers) right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, display, and otherwise exploit such User Content throughout the world in any media. SalonAppy takes no responsibility and assumes no liability for any User Content submitted by you or any other User or third party.
• Your Representations and Indemnity. You represent and warrant that you own or otherwise control all of the rights to any User Content submitted by you; that all User Content submitted by you is accurate; and that exploitation of such User Content by SalonAppy and its other Users, partners, and licensees will not violate this Agreement, cause injury to any person or entity, or infringe any third-party rights (including, without limitation, intellectual property rights and rights of privacy or publicity). You will indemnify, hold harmless, and (at SalonAppy’s request) defend SalonAppy, its affiliates, and its and their representatives, agents, directors, managers, officers, employees, and shareholders (collectively, the “SalonAppy Parties”) from and against all claims resulting from (1) any User Content submitted by you, (2) your use of the Services, or (3) any breach or alleged breach by you of this Agreement.
• Liability Limitations. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXCEPT AS EXPRESSLY SPECIFIED BELOW WITH RESPECT TO SALONAPPY GIFT CARDS AND MERCHANT GIFT CARDS, IN NO EVENT SHALL THE SALONAPPY PARTIES BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, OR DIRECT DAMAGES OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH ARISE OUT OF OR ARE ANY WAY CONNECTED WITH (1) THIS AGREEMENT, (2) ANY USE OF THE SERVICES, THE SALONAPPY CONTENT, OR THE USER CONTENT, (3) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE BOOKING SERVICES OR PAYMENT SERVICES), OR (4) YOUR VISIT TO ANY SMB OR THE PERFORMANCE, NON-PERFORMANCE, CONDUCT, OR POLICIES OF ANY SMB OR MERCHANT IN CONNECTION WITH THE SERVICES. IN ADDITION, YOU SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING YOU TO THE SALONAPPY SITE BY REFERRAL, LINK, OR ANY OTHER MEANS IS NOT LIABLE TO USER FOR ANY REASON WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES OR THE SALONAPPY CONTENT. SALONAPPY IS NEITHER AN AGENT OF NOR OTHERWISE ASSOCIATED WITH ANY SMB FOR WHICH A USER HAS MADE A RESERVATION OR PAID A BILL USING THE PAYMENT SERVICES OR ANY MERCHANT THAT ISSUES A MERCHANT GIFT CARD.
• You and SalonAppy understand and agree that the disclaimers, exclusions, and limitations in this Section 33 and in Section 34 are essential elements of this Agreement and that they represent a reasonable allocation of risk. In particular, you understand that SalonAppy would be unable to make the Services available to you except on these terms and agree that this Agreement will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
• Disclaimer of Warranties. THE SERVICES, ALL SALONAPPY CONTENT, AND ANY OTHER INFORMATION, PRODUCTS, AND MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICES, ARE PROVIDED TO USER ON AN “AS IS” BASIS AND WITHOUT WARRANTY OF ANY KIND. SALONAPPY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, OR INDEMNITIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. SALONAPPY DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT SALONAPPY WILL REVIEW THE INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SERVICES FOR ACCURACY OR THAT IT WILL PRESERVE OR MAINTAIN ANY SUCH INFORMATION OR MATERIALS WITHOUT LOSS. SALONAPPY SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES, OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF SALONAPPY.
• THE FOREGOING DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
• Fraudulent Actions of Users. SalonAppy is not liable for any losses relating to chargebacks, fraudulent charges, or other actions by any User that are deceptive, fraudulent or otherwise invalid ("Fraudulent Actions"). By using the Services, you hereby release SalonAppy from any liability arising from Fraudulent Actions. You will also use best efforts to promptly notify us of any Fraudulent Actions which may affect the Services. SalonAppy reserves the right, in its sole discretion, to terminate the account of any User that engages in, or enables any other User to engage in, Fraudulent Actions.
• Release. You understand that SMBs, Merchants and Users are solely responsible for their interactions between each other and any and all claims, injuries, illnesses, damages, liabilities, and costs (“Claims”) suffered by you, your SMB (or, if applicable, any recipient of an SalonAppy Gift Card or a Merchant Gift Card) as a result of your (or such recipient’s) interaction with a User or visit to any SMB or Merchant or from any product or service of any SMB or Merchant. You hereby release the SalonAppy Parties from any and all such Claims. You hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to the release of any unknown or unsuspected claims you may have against the SalonAppy Parties pertaining to the subject matter of this Section 36.
• Notify Us of Infringers. If you believe any of the Services violate your copyright, notify our copyright agent in writing. The contact information for our copyright agent is at the bottom of this Section. In order for us to take action, you must do the following in your notice:

  (a) provide your physical or electronic signature;
  (b) identify the copyrighted work that you believe is being infringed;
  (c) identify the item that you think is infringing your work and include sufficient information about where the material is located so that we can find it;
  (d) provide us with a way to contact you, such as your address, telephone number, or email;
  (e) provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, its agent, or the law to be used in connection with the Services; and
  (f) provide a statement that the information you provide in your notice is accurate, and that (under penalty of perjury) you are authorized to act on behalf of the copyright owner whose work is being infringed.

  Here is the contact information for our copyright agent:
  Copyright Enforcement
  Kolay Randevu Internet Hizmetleri AS
  Esentepe Mah. Talatpaşa Cad. 5/1 Şişli, Istanbul, Turkey

• We cannot take action unless you give us all the required information.
  • Severability. If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
  • Assignment. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by User, but may be freely transferred, assigned, or delegated by SalonAppy.
  • Waiver. Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.
  • ARBITRATION AGREEMENT AND JURY TRIAL WAIVER, CLASS ACTION WAIVER, AND FORUM SELECTION CLAUSE. Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitration choice related to the controversy, dispute, demand, count, claim, or cause of action) between you and the SalonAppy Parties or their successors or assigns shall exclusively be settled through binding and confidential arbitration.
  • Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”). As modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the “Rules and Procedures”).
  • You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that you file in small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
  • You and SalonAppy must abide by the following rules: (1) ANY CLAIMS BROUGHT BY YOU OR SALONAPPY MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (3) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, SalonAppy will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (4) SalonAppy also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (5) the arbitrator shall honor claims of privilege and privacy recognized at law; (6) the arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (7) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (8) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and, in such instance, the fees and costs awarded shall be determined by the applicable law.
• For more information on AAA, the Rules and Procedures, or the process for filing an arbitration claim, you may call AAA at ‪800-778-7879 or visit the AAA website at http://www.adr.org.
• Choice of Law. This Agreement is made under and shall be governed by and construed in accordance with the laws of Turkey.

SalonAppy Privacy Policy

This privacy policy (this “Policy”) explains how personal information is collected, used, and disclosed by SalonAppy, Inc. with its registered office in the State of and all its designated agents, employees and subsidiaries (“SalonAppy” or “we”). This Policy applies to consumer users (individually referred to as “you”) of SalonAppy’s websites, applications, and other online services (collectively, our “Sites”).

Other third parties, such as small and medium businesses (“SMBs”) at which you make reservations through our Sites, issuers of Merchant Gift Cards you purchase through our Sites, and social networks that you use in connection with our Sites, may also collect, use, and share information about you. This Policy does not cover such third parties or their services. For information about third-party privacy practices, please consult with them directly.

Part I - Information We Collect.

When you visit our Sites, some information is automatically collected. For example, when you visit our Sites, we may automatically collect your location, computer operating system, Internet Protocol (IP) address, access times, browser type and language, and the website you visited before our Sites. We also collect information about your usage and activity on our Sites using certain technologies, such as:
1. Cookies. We may automatically collect information using “cookies” and similar technology. Cookies are small data files that may have unique identifiers and reside, among other places, on your computer or mobile device, in emails we send to you, and on our web pages. Among other things, cookies help us improve our Sites and your experience. We use cookies to see which areas and features of our Sites are popular and to count visits to our Sites. We may access information contained in cookies placed on your device by a Third-Party Platform as permitted by the terms of your agreement and privacy settings with such Third-Party Platform. We may share this information with the Third-Party Platform for its use as permitted by the terms of your agreement and privacy settings with such Third-Party Platform.
2. Web Beacons. We may collect information using web beacons. Web beacons are electronic images that may be used on our Sites or in our emails. We use web beacons to deliver cookies, count visits, understand usage and campaign effectiveness, and tell whether you open an email and act upon it.
3. Do Not Track Signals. We currently do not employ technology that recognizes “do-not-track” signals from your browser. We may engage third parties, such as marketing or analytics partners, who may collect information about your online activities over time and across different websites when you use our Sites.

Part II - How We Use Information We Collect.

We use personal information collected through our Sites for the purposes described in this Policy or disclosed to you on our Sites or otherwise in connection with our services. For example, we may use your information to:
1. Make and change your appointments made through our Sites;
2. Offer you, or provide you with, products and services, such as SalonAppy Gift Cards and Merchant Gift Cards and the option to pay your bill at a SMB through our Sites;
3. Email SalonAppy Gift Cards and Merchant Gift Cards to designated recipients;
4. Operate and improve our Sites, products, and services;
5. Understand you and your preferences to enhance, personalize, and customize your experience and enjoyment using our Sites, products, and services, such as understanding your appointment history to make recommendations about other SMBs you may like;
6. Process and deliver contest entries and rewards;
7. Display relevant advertising;
8. Respond to your comments and questions and provide customer service;
9. Send you information relating to our products and services, including reservation confirmations, receipts, technical notices, updates, security alerts, and support and administrative messages; Communicate with you about contests, offers, promotions, rewards, upcoming events, and other news about products and services offered by SalonAppy, our subsidiaries, and affiliates; select SMBs; and our other selected partners;
10. Link or combine with other personal information we get from third parties to help understand your needs and provide you with better service;
11. Authenticate your credit or debit card account information; and
12. Protect, investigate, and deter against fraudulent, unauthorized, or illegal activity. By providing your mobile phone number, you expressly consent to receive direct dial calls, autodialed and prerecorded message calls, and text messages from us relating to our product and services at that number.

SalonAppy may store and process personal information in the United States and other countries.

Part III - How We Share Information.

We may disclose your personal information (i) to comply with laws and to respond to lawful requests and legal process, (ii) to protect the rights and property of SalonAppy, our agents and customers, and others, including to enforce our agreements, policies, and terms of use, and (iii) in an emergency to protect the personal safety of SalonAppy, its customers, or any person.

We may disclose or transfer your personal information to a third party if we sell, transfer, divest, or disclose all or a portion of our business or assets to another company in connection with or during negotiation of any merger, financing, acquisition, bankruptcy, dissolution, transaction, or proceeding. We may also share aggregated or de-identified information with third parties in our discretion.

Part IV - Security of Your Personal Information.

SalonAppy takes reasonable steps to help protect your personal information in an effort to prevent loss, misuse, unauthorized access, disclosure, alteration, and destruction. When your credit or debit card account information is being transmitted to our Sites or through our Sites, it will be protected by encryption technology, such as Secure Sockets Layer (SSL). To be clear, SalonAppy does not itself store your credit or debit card account information, and we do not have direct control over or responsibility for your credit or debit card account information. Our contracts with third parties that receive your credit or debit card account information require them to keep it secure and confidential.

Nonetheless, we cannot guarantee that transmissions of your credit or debit card account information or personal information will always be secure or that unauthorized third parties will never be able to defeat the security measures taken by SalonAppy or our third-party service providers. We assume no liability or responsibility for disclosure of your information due to errors in transmission, unauthorized third-party access, or other causes beyond our control. You play an important role in keeping your personal information secure. You should not share your user name, password, or other security information for your SalonAppy account with anyone. If we receive instructions using your user name and password, we will consider that you have authorized the instructions.

Part V - Your Information Choices and Changes.

You may opt out of receiving promotional emails from SalonAppy by following the instructions in those emails. If you opt out, we may still send you non-promotional emails, such as emails about your SalonAppy account or our ongoing business relations. You may also send requests about your contact preferences or changes to your information, including requests to opt out of sharing your personal information with third parties, to our contact information below.
1. Cookie choices. Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Sites.
2. Application location choices. Most mobile devices allow you to turn off location services. For more information about how to do this, please contact your mobile service carrier or your device manufacturer. If you choose to turn off location services, this could affect certain features or services of our Sites.

Part VI - Contacting SalonAppy.

For questions about accessing, changing, or deleting your personal information, please visit our website or contact customer support at +908508850589 For questions or opinions on this Policy, please contact SalonAppy via email at [email protected] or by postal mail at Esentepe Mah. Talatpaşa Cad. 5/1 Şişli, Istanbul Turkey.

Part VIII - Changes to This Policy.

SalonAppy may update or revise this Policy from time to time. You agree that you will review this Policy periodically. If we make any changes to this Policy, we will change the “Last Updated” date above. You are free to decide whether or not to accept a modified version of this Policy, but accepting this Policy, as modified, is required for you to continue using our Sites. If you do not agree to the terms of this Policy or any modified version of this Policy, your sole recourse is to terminate your use of our Sites.