By using the goPanache.com website, goPanache mobile app, goPanache service (collectively, the “Service”) you are agreeing to be bound by the following Terms of Use and Privacy Policy (these “Terms”), which constitute a legal agreement between you and Expertly Delivering Style, Inc. (“we,” “us,” “our,” “goPanache,” and the “Company”).

The Service connects beauty, fitness, and wellness professionals with clients and prospective clients and allows them to book, manage, and securely and quickly pay for appointments electronically.

For clients, finding and booking appointments is free. We charge a small fee to process electronic payments over the Service; depending on how the Service is configured for your service provider, this fee will either appear on the Service as a separate fee for which you are responsible or will be paid by your service provider. In either case, you will only be charged fees you have expressly approved.

For service-provider professionals, use of the Service’s booking and appointment management features are charged a monthly or annual fee. We also charge a small fee to process electronic payments over the Service.

If we ever introduce new features that have additional fees, we’ll let you know first via email or the Service. If you don’t want to pay the new fees, you can decline the additional features or cancel your account anytime. We don’t offer refunds for fees you’ve already paid.

You must be at least 18 years old to use the Service.

For now, you must be a U.S. resident to use the Service.

You must be a human. Accounts registered by “bots” or automated methods of access are not permitted. No screen-scraping, reproducing, or aggregating the information or other content on our site.

Use of the Service does not give you ownership of any intellectual property rights in the Service or any content posted on the Service. You own what you post on the Service (unless you copied it from someone else) but you grant us a license to copy, host, display, create derivative works from, publish, publicly perform, display, and distribute, and otherwise make use of in connection with providing the Service, all information and content you post so long as you have an active account.

You must provide your full legal name, a valid email address, and any other information requested in order to complete the signup process. You are also responsible for keeping your email address up to date, so we can send you important notices.

We will use any personal information you provide to use solely to provide you with and improve the Service. We will never share it with third parties for any purpose other than to provide the Service or as required to comply with the law. If you wish to change or delete any personal information on the Service, you may do so by emailing support@gopanache.com. To preserve the integrity of the Service, we may, at our sole discretion, refuse to make certain changes and deletions to service-provider profiles (including user reviews); in such cases, the service-provider will always have the option to delete their account and listing altogether.

We may also collect information from other sources, such as public business records (to help users locate service providers not yet on the system). Optionally, and only with your approval, we may collect contact information from your mobile device address book to help you invite your friends, existing service providers, and clients to use the Service. Just like the personal information you provide to us directly, we will never share information acquired from other sources with any third parties for any purpose other than to provide the Service or as required to comply with the law.

Payment processing services for Service Providers on goPanache are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to [this agreement / these terms / etc.] or continuing to operate as a Service Provider on goPanache , you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of goPanache enabling payment processing services through Stripe, you agree to provide goPanache accurate and complete information about you and your business, and you authorize goPanache to share it and transaction information related to your use of the payment processing services provided by Stripe.

You are responsible for keeping your password and account secure.

You are responsible for the accuracy of everything that is posted or submitted under your account.

We are not responsible for the accuracy of anything another user posts or submits to our site.

We are not responsible for the conduct of users (clients or service-provider professionals) on or off the site.

If you are a service-provider professional, you represent and warrant that you have and will maintain all permits and licenses required, and appropriate skill, training, and insurance coverage, to perform your professional services in the jurisdiction(s) in which they are offerred.

PLEASE NOTE, HOWEVER, THAT WE ARE NOTE ABLE TO GUARANTEE THE PERFORMANCE, TRAINING, INSURANCE, OR LICENSURE OF THE SERVICE-PROVIDER PROFESSIONALS ON OUR PLATFORM AND DO NOT REVIEW ANY CLAIMS MADE BY THEM ON THEIR RESPECTIVE PUBLIC PROFILES, OR IN ANY USER REVIEWS, ON THE SERVICE.

You may not use the Service for any illegal purpose. You may not, in using the Service, violate any laws in your jurisdiction or ours, or infringe the rights of anyone (ours or third parties). If we have reason to suspect your account has been used for an unauthorized or illegal purpose, you agree that we may share information about you, your account, and your use of the Service with law enforcement.

You may not abuse, harass, threaten, impersonate, or intimidate other users. Don’t be creepy.

If you violate any of these Terms, we may terminate your account without notice.

We reserve the right to modify or terminate the Service for any reason, without notice, at any time.

We reserve the right to alter these Terms at any time. We'll notify you on the site or via email of important changes, but you should also check back here from time to time if you care about such things. You're free to cancel or discontinue using the Service at any time without penalty. Your continued use of the Service following a change to these Terms constitutes acceptance of the change.

We reserve the right to refuse service to anyone for any reason (or no reason), and likewise to suspend or discontinue your use of the Service at any time for any reason or no reason. In particular (and just by way of example), we may terminate or suspend your account if you engage in fraudulent or illegal conduct, provide inaccurate, incomplete, false, or misleading information, or otherwise violate these Terms or any of our policies, or if we determine, in our sole discretion, that your use of the Services poses an unacceptable credit or fraud risk to us. We may also (at our sole discretion) suspend or terminate use of the Service by providers who receive negative reviews on our platform or about whom we receive user complaints, though we do not undertake to do so.

If you wish to cancel your account, you must do so emailing support@gopanache.com or by sending us a letter in the mail.

If you cancel your account, any or all of your information may be immediately (or at some point in the future) irrevocably deleted. You should save a copy of anything important before cancelling your account.

Conversely, information you post or otherwise furnish to us, including personal information, may remain on our servers indefinitely (for example, as backups) after you delete it from public areas of the Services or request cancellation of your account.

By using the Service, you agree to indemnify, defend, and hold harmless us and our affiliates, agents, officers, employees, and vendors from any claim, suit, action, or loss arising from or relating to your use of the Service or your violation of these Terms (collectively, any “Claim”), including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys' fees.

THE SERVICE IS PROVIDED “AS-IS” WITHOUT PROMISES OF ANY KIND. NEITHER WE NOR OUR SUPPLIERS WARRANT OR GUARANTEE UPTIME OR AVAILABILITY OF THE SERVICE, THAT THE SERVICE WILL MEET OR CONTINUE IN THE FUTURE TO MEET YOUR NEEDS, OR THAT WE WILL CONTINUE TO PROVIDE THE SERVICE OR ANY ASPECT OF THE SERVICE IN THE FUTURE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES FOR THE SERVICE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES, OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICES OR THESE TERMS, INCLUDING ANY CLAIM FOR ANY IMPLIED WARRANTY, IS LIMITED TO THE AMOUNT YOU PAID TO US TO USE THE SERVICES.

If you violate any of these Terms and we don’t take action right away, that doesn’t mean we are waiving any of our rights. If you want to sue us, you must do so in the state or federal courts located in San Francisco, California, and you consent to personal jurisdiction in those courts. California law (excluding California’s conflict of laws rules) will apply to any such disputes. If any part of these Terms are held to be invalid or enforceable, the rest of these Terms will still apply.

If you need to send us any legal notice (including notice that you believe another user is infringing your intellectual property or other rights), please do so via snail mail to the following address:

Expertly Delivering Style, Inc.

10 4th Street 

Petaluma, CA 94952 

Attention: Legal