Sody App Terms of Service
Last Updated: 29 June 2024
1. Introduction
Welcome to Sody App! These Terms of Service ("Terms") govern your access to and use of the Sody App website, mobile applications, and related services (collectively, the "Platform"). Sody App is a marketplace platform that connects users seeking beauty and wellness services ("Clients") with salons and individual service providers ("Salons"). We act as a platform to facilitate connections between Clients and Salons but are not a party to any agreements for services between them.
Please read these Terms carefully before using the Platform. By accessing or using any part of the Platform, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access or use the Platform.
2. Acceptance of Terms
2.1 Binding Agreement: By accessing or using the Platform, you (a) affirm that you are 18 years of age or older and have the legal capacity to enter into contracts, and (b) agree to be bound by these Terms. If you are accepting these Terms on behalf of an entity, you represent that you have the authority to bind that entity to these Terms.
2.2 Modifications: Sody reserves the right to modify these Terms at any time. We will post the most current version on the Platform with a revised "Last Updated" date. Your continued use of the Platform after the changes become effective constitutes your acceptance of the revised Terms. We may announce material changes via email or prominent notice on the Platform.
3. Account Registration and Security
3.1 Account Creation: To access certain features, you may need to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activity occurring under your account. You agree to:
- Provide accurate and complete registration information.
- Promptly update your information if it changes.
- Not allow others to use your account.
- Notify us immediately of any unauthorized access or use of your account.
3.2 Account Termination: Sody may terminate or suspend your account, with or without cause, at any time. We may also remove or refuse to display content that violates these Terms or that we deem inappropriate. You may not create a new account if we have previously terminated your account unless you have our express permission.
3.3 Prohibited Activities: When using the Platform, you agree not to:
- Create a false identity or impersonate any other person or entity.
- Use the Platform for any illegal or unauthorized purpose.
- Interfere with or disrupt the Platform or its servers or networks.
- Attempt to gain unauthorized access to any portion of the Platform.
- Collect or harvest any personally identifiable information from the Platform without consent.
- Transmit any viruses, worms, or other harmful code to the Platform.
- Engage in any activity that could damage, disable, overburden, or impair the Platform.
4. User Content
4.1 User Content Defined: "User Content" refers to any information, data, text, images, videos, reviews, ratings, or other content that users submit to or through the Platform, including Salon listings, profiles, and Client reviews.
4.2 Ownership: You retain all ownership rights to your User Content. However, by submitting User Content to the Platform, you grant Sody a non-exclusive, royalty-free, worldwide, perpetual, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, and display your User Content in connection with the operation of the Platform and our business, including marketing and promotional purposes.
4.3 User Content Responsibilities: You are solely responsible for your User Content and for any consequences of submitting it to the Platform. You represent and warrant that you have all necessary rights to grant the licenses granted in these Terms and that your User Content does not violate any third-party rights or any applicable laws or regulations.
4.4 Prohibited Content: You agree not to submit User Content that:
- Is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, hateful, or racially, ethnically, or otherwise objectionable.
- Infringes any patent, trademark, trade secret, copyright, or other proprietary right of any party.
- Impersonates any person or entity or falsely states or misrepresents your affiliation with any person or entity.
- Contains any private information of any third party, including, but not limited to, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers, or any other information that could be used to identify or contact an individual.
- Contains viruses, worms, Trojan horses, or other harmful code.
- Violates the privacy or publicity rights of any person.
- Is false, misleading, or deceptive.
- Promotes or advertises any products or services that are not offered by Sody.
4.5 Content Removal: Sody reserves the right to remove any User Content at any time, for any reason, without notice. We may, but are not obligated to, monitor User Content for compliance with these Terms.
4.6 Reporting Inappropriate Content: If you believe that any User Content violates these Terms or is otherwise inappropriate, you can report it to us by contacting us at [email protected]
5. Bookings, Payments, and Cancellations
5.1 Bookings: The Platform allows Clients to submit booking requests to Salons. Booking requests are not guaranteed and are subject to confirmation by the Salon. A contract for services is formed directly between the Client and the Salon when the Salon confirms the booking request through the Platform. Clients are responsible for providing accurate and complete booking information. Sody acts as a platform for facilitating bookings and does not guarantee the availability of any Salon or the quality of services provided.
5.2 Payments:
- Clients make payments for services through the Platform using the available payment methods.
- Sody uses third-party payment processors to process payments and does not store any credit card information.
- Prices for services are determined by the Salons and are displayed on the Platform.
- Sody may charge a commission or other fees for services booked through the Platform. These fees will be clearly disclosed to you before you confirm your booking.
- You are responsible for all charges incurred under your account, including applicable taxes.
5.3 Cancellations and Refunds:
- Cancellation policies are determined by the Salons and are displayed on the Platform.
- Clients should contact the Salon directly through the Platform for cancellations or reschedulings.
- Refunds, if any, are subject to the Salon's cancellation policy and are solely the responsibility of the Salon. Sody is not responsible for issuing refunds.
- If you have a dispute with a Salon regarding a booking or payment, you agree to first attempt to resolve the dispute directly with the Salon. If you are unable to resolve the dispute, you may contact Sody, and we will use commercially reasonable efforts to assist in resolving the dispute.
6. Salon Responsibilities
6.1 Salon Obligations: Salons using the Platform are solely responsible for:
- The accuracy and completeness of their listing information, including pricing, services offered, location, and availability.
- Obtaining and maintaining all necessary licenses, permits, and insurance required to operate their business and provide services.
- Complying with all applicable laws and regulations.
- Providing safe and sanitary conditions for Clients.
- Resolving any disputes with Clients in a professional and timely manner.
- Ensuring that all staff members providing services through the Platform have the appropriate qualifications and experience.
6.2 Disclaimer: Sody does not endorse, recommend, or guarantee the quality of services provided by any Salon. We encourage Clients to research and carefully choose Salons. Sody is not responsible for any loss, damage, or injury arising from the use of the Platform or the services provided by Salons.
7. Intellectual Property
7.1 Platform Ownership: The Platform and all content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and the "look and feel" of the Platform ("Sody Content") are owned or licensed by Sody and are protected by intellectual property rights.
7.2 Limited License: Sody grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your personal, non-commercial use in accordance with these Terms.
7.3 User Content License: By submitting User Content, you grant Sody a non-exclusive, royalty-free, worldwide, perpetual, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, and display your User Content in connection with the operation of the Platform and Sody's business, including marketing and promotional purposes. You also grant Sody the right to use your username, image, voice, and likeness in connection with your User Content.
7.4 Feedback: If you provide Sody with any suggestions, ideas, feedback, or other materials ("Feedback"), you grant Sody a perpetual, irrevocable, non-exclusive, royalty-free, worldwide, and sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display the Feedback for any purpose.
7.5 Copyright Infringement: Sody respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Sody with a written notice that includes the following information: (i) a description of the copyrighted work that you claim has been infringed; (ii) a description of where the material that you claim is infringing is located on the Platform; (iii) your address, telephone number, and email address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf; and (vi) your electronic or physical signature. Sody's designated agent for notice of claims of copyright infringement can be reached at: [email protected]
8. Disclaimers of Warranties
8.1 Platform "As Is": THE PLATFORM AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS, AND SERVICES PROVIDED ON OR THROUGH THE PLATFORM ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.
8.2 No Warranties: SODY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
8.3 No Guarantees: SODY DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SODY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE PLATFORM IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
8.4 No Endorsement of Salons: SODY DOES NOT ENDORSE, RECOMMEND, OR GUARANTEE THE QUALITY OR SAFETY OF ANY SERVICES OFFERED BY SALONS LISTED ON THE PLATFORM. YOU ACKNOWLEDGE THAT ANY RELIANCE ON INFORMATION PRESENTED ON THE PLATFORM IS AT YOUR OWN RISK.
8.5 Third-Party Content and Services: The Platform may contain links to third-party websites or services that are not owned or controlled by Sody. Sody has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Sody shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.
9. Limitation of Liability
9.1 Disclaimer of Damages: TO THE MAXIMUM EXTENT PERMITTED BY LAW, SODY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE PLATFORM, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF SODY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
9.2 No Liability for Third-Party Actions: SODY IS NOT LIABLE FOR THE ACTS OR OMISSIONS OF ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO SALONS, PAYMENT PROCESSORS, OR OTHER USERS OF THE PLATFORM. THIS INCLUDES ANY DAMAGES, LOSSES, OR INJURIES ARISING FROM THE USE OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO DAMAGES ARISING FROM BOOKINGS MADE THROUGH THE PLATFORM, SERVICES PROVIDED BY SALONS, OR PAYMENTS PROCESSED THROUGH THE PLATFORM.
9.3 Limitation on Liability: IN NO EVENT SHALL SODY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS REQUIRED BY APPLICABLE LAW IN CASES OF PERSONAL INJURY) EXCEED THE AMOUNT OF ONE HUNDRED SINGAPORE DOLLARS (SGD 100.00) OR THE TOTAL AMOUNT YOU PAID TO SODY FOR USE OF THE PLATFORM IN THE THREE (3) MONTHS PRECEDING THE CLAIM, WHICHEVER IS GREATER.
10. Indemnification
You agree to indemnify, defend, and hold harmless Sody, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from:
- Any violation of these Terms by you or any other person accessing the Platform using your account.
- Your User Content.
- Your use of the Platform.
- Your interaction with any other user of the Platform.
- Any claim that your User Content caused damage to a third party.
11. Governing Law and Jurisdiction
These Terms will be governed by and construed in accordance with the laws of Singapore, without regard to its conflict of laws principles. You agree that any legal action or proceeding between you and Sody will be brought exclusively in the courts of Singapore.
12. Dispute Resolution
Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall be settled by arbitration in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC") for the time being in force, which rules are deemed to be incorporated by reference into this clause. The seat of the arbitration shall be Singapore. The language of the arbitration shall be English. The award of the arbitrator shall be final and binding upon the parties.
13. Entire Agreement
These Terms constitute the entire agreement between you and Sody relating to your access to and use of the Platform and supersede all prior or contemporaneous communications and proposals, whether oral or written.
14. Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
15. Waiver
No waiver of any term or provision of these Terms shall be effective unless in writing and signed by an authorized representative of Sody.
16. Contact Us
If you have any questions about these Terms, please contact us at:
Sody App Pte. Ltd.
68 Circular Road #02-01
Singapore 049422
Email: [email protected]