Terms of Service

• Shop Owner means the business or person that registers an account and pays for a subscription.
• Staff User means a barber or other team member who receives login credentials from a Shop Owner.
• Customer means a member of the public who checks in at a shop, joins a waiting list, or receives texts or receipts through the Service.
• Shop Data means information a Shop Owner, Staff User, or Customer enters into the Service, including names, phone numbers, birthdays, service and tip records, barber photos, logos, and website content.
• SMS Credits means the allowance of text messages included with a plan or purchased separately.

You must be at least 18 and able to form a binding contract to register as a Shop Owner. Each subscription covers one shop location. You are responsible for all activity under your account, including the actions of Staff Users you create.

Keep passwords and your kiosk unlock code confidential. Remove a Staff User's access promptly when they leave your shop. Tell us right away at info@barbershopmanager.com if you suspect unauthorized access.

New Shop Owners may receive a 14-day free trial. A valid payment card is required to start the trial. The trial includes 100 SMS Credits. Unless you cancel before the trial ends, your card will be charged automatically for the plan you selected, and your subscription begins.

• Monthly plan: $99 per month, billed in advance each month.
• Annual plan: $891 per year, billed in advance once per year.
• Founders lifetime plan: a one-time payment of $1,499, offered to the first 100 shops or until December 31, 2027, whichever comes first.

Monthly and annual plans renew automatically at the end of each billing period at the then-current price until you cancel. By subscribing, you authorize us and our payment processor to charge your payment method on each renewal. Prices exclude applicable taxes, which you are responsible for.

We may change prices with at least 30 days' notice by email or in your dashboard. A price change takes effect at your next renewal after the notice period. If a payment fails, we may suspend the Service until your balance is paid.

"Lifetime" means for as long as we operate the Service and your account remains in good standing. It is not tied to your own lifetime and is not transferable to another business or location without our written consent. The lifetime plan includes 100 SMS Credits per month; additional credits may be purchased. If we permanently discontinue the Service, we will give at least 90 days' notice and an opportunity to export your Shop Data.

Monthly and annual plans include 500 SMS Credits per month. Included credits reset each billing month and do not roll over. Additional credits may be purchased from your owner dashboard at $0.02 per text, with a minimum purchase of 1,000 credits. Purchased credits are non-refundable, have no cash value, and are forfeited if your account is closed. A long message or one containing special characters may use more than one credit. When your credits run out, automated texts pause until you add credits or your allowance resets.

You may cancel at any time from your owner dashboard or by emailing info@barbershopmanager.com. Cancellation stops future renewals. Your access continues until the end of the current paid period.

Except where required by law, payments are non-refundable, including partial months, unused time on annual plans, unused SMS Credits, and lifetime plan purchases. We may, at our discretion, issue a refund or credit in a particular case; doing so does not require us to do so again.

The Service sends two kinds of texts to Customers on a Shop Owner's behalf:

• Transactional texts: check-in confirmations with a live place-in-line link, and receipts after checkout.
• Marketing texts: automations such as due-for-a-cut reminders, win-back messages, review requests, and birthday offers.

The Shop Owner is the sender of these messages and is responsible for complying with the Telephone Consumer Protection Act (TCPA), CAN-SPAM, carrier rules, and all other applicable messaging laws. Before turning on any marketing automation, you must obtain each Customer's prior express written consent to receive marketing texts where the law requires it. You must not upload or import phone numbers for people who have not given you the required consent.

The check-in kiosk and online check-in forms display a notice that a Customer who enters a mobile number will receive texts about their visit. Message frequency varies. Message and data rates may apply. Customers can reply STOP to opt out at any time, and the Service will not text that number again. Customers can reply HELP for help. Carriers are not liable for delayed or undelivered messages.

You may not use the Service to send texts that are unlawful, deceptive, harassing, or unrelated to your shop. We may pause messaging on your account if we receive carrier complaints or reasonably believe you are violating this section.

You own your Shop Data. You grant us a limited license to host, store, process, display, and transmit Shop Data only as needed to provide, secure, and improve the Service and as described in our Privacy Policy.

For Customer information you collect through the Service, you are the business responsible for that information, and we process it on your behalf. You are responsible for giving Customers any notices required by law and for having a lawful basis to collect and use their information. You agree not to enter sensitive information into the Service, such as health information, government ID numbers, or payment card numbers.

The Service records service amounts and tips for your recordkeeping. Barbershop Manager is not a payment processor, does not collect money from your Customers, and is not responsible for your taxes, payroll, tip distribution, or financial records. You are responsible for verifying your own totals.

You agree not to:

• Use the Service for any unlawful purpose or in violation of these Terms.
• Upload content that infringes others' rights, including photos, logos, or ads you do not have permission to use.
• Upload content that is obscene, hateful, harassing, or misleading, including on your shop website or pricing board.
• Attempt to access other shops' data, probe or break our security, or interfere with the Service.
• Copy, resell, sublicense, reverse engineer, or build a competing product from the Service, except as the law expressly allows.
• Use bots or scripts to create accounts or send messages.
• Share one subscription across more than one shop location.

We may remove content or suspend accounts that violate this section.

The Service relies on third parties, including payment processors, text messaging carriers and providers, hosting providers, and review sites such as Google and Facebook. Your use of those services may be subject to their own terms. We are not responsible for third-party services, and outages or changes on their side may affect the Service. If you embed our check-in widget on a Wix, WordPress, Squarespace, or other site, that site's terms also apply.

The Service, including its software, designs, website templates, text, and logos, is owned by us or our licensors and protected by law. We grant you a limited, non-exclusive, non-transferable, revocable right to use the Service for your shop during your subscription. If you send us feedback or suggestions, we may use them without obligation to you.

We work to keep the Service available, but we do not guarantee it will be uninterrupted or error-free. We may perform maintenance, and we may add, change, or remove features. If we remove a core feature you pay for, we will give reasonable notice. Keep your own backup of any information your business cannot operate without.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT TEXTS WILL BE DELIVERED, THAT WAIT TIMES OR TOTALS WILL BE ACCURATE, OR THAT THE SERVICE WILL MEET YOUR BUSINESS RESULTS.

TO THE FULLEST EXTENT ALLOWED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, CUSTOMERS, OR DATA, EVEN IF ADVISED OF THEIR POSSIBILITY. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. Some jurisdictions do not allow certain limitations, so some of these may not apply to you.

You will defend, indemnify, and hold harmless Barbershop Manager and UpPluck Social LLC, and their owners, employees, and agents, from claims, fines, and costs (including reasonable attorneys' fees) arising from your Shop Data, your texts to Customers, your violation of these Terms or of law (including the TCPA), or the acts of your Staff Users.

We may suspend or terminate your account if you breach these Terms, fail to pay, create legal or messaging risk, or if required by law. Where reasonable, we will give notice first. You may stop using the Service at any time.

After your account closes, you may request an export of your Shop Data within 30 days. After that period, we may delete Shop Data, except what we must keep for legal, tax, or security reasons. Sections that by their nature should survive termination will survive, including sections 9, 12, and 14 through 19.

These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to conflict-of-law rules. Before filing a claim, each party agrees to try to resolve the dispute informally by contacting the other in writing and allowing 30 days to respond. Any claim that is not resolved will be brought exclusively in the state or federal courts located in Worcester County, Massachusetts, and both parties consent to that jurisdiction. Either party may bring an eligible claim in small claims court.

• Changes to these Terms: We may update these Terms. We will post the new version with a new effective date and, for material changes, notify Shop Owners by email or in the dashboard at least 15 days before they take effect. Continued use after that date means you accept the changes.
• Entire agreement: These Terms and the Privacy Policy are the entire agreement between you and us about the Service.
• Severability: If any part of these Terms is unenforceable, the rest remains in effect.
• No waiver: Our failure to enforce a provision is not a waiver.
• Assignment: You may not transfer these Terms without our consent. We may transfer them as part of a merger, acquisition, or sale of assets.
• Force majeure: Neither party is liable for delays caused by events beyond its reasonable control, except payment obligations.

UpPluck Social LLC, d/b/a Barbershop Manager
PO Box 562, Gardner, MA 01440
Email: info@barbershopmanager.com
Phone: (978) 252-8482