Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Pebbble ("Company," "we," "us," or "our"), concerning your access to and use of our website and mobile application services.

By accessing our services, you agree that you have read, understood, and agree to be bound by all of these Terms. If you do not agree with all of these Terms, then you are expressly prohibited from using our services and must discontinue use immediately.

2. Description of Services

Pebbble provides an all-in-one scheduling platform designed specifically for beauty and wellness professionals, including but not limited to:

• Online appointment booking and management
• Staff scheduling and management tools
• Client communication features
• Payment processing integration
• Business analytics and reporting
• Customer management systems

3. User Accounts and Registration

Account Creation

To access certain features of our services, you must register for an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

Account Security

You are responsible for safeguarding your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account.

Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts. If you are registering on behalf of a business, you represent that you have the authority to bind that entity to these Terms.

4. Acceptable Use Policy

Permitted Uses

You may use our services only for lawful purposes and in accordance with these Terms.

Prohibited Activities

You agree not to use our services to:

• Violate any applicable laws or regulations
• Infringe upon intellectual property rights
• Transmit harmful, offensive, or inappropriate content
• Engage in fraudulent or deceptive practices
• Interfere with or disrupt our services or servers
• Attempt to gain unauthorized access to our systems
• Use automated systems to access our services without permission
• Impersonate another person or entity

5. Payment Terms and Billing

Subscription Fees and Billing

Our Services are provided on a subscription basis with fees billed in advance. Subscription terms and pricing are clearly displayed during signup and in your account dashboard.

• Billing Cycles: Monthly or annual, as selected by you
• Auto-Renewal: Subscriptions automatically renew unless cancelled
• Prorated Billing: Plan changes are prorated based on remaining time
• Free Trial: If applicable, trial converts to paid subscription unless cancelled

Payment Processing and Security

Payments are processed through industry-standard, PCI DSS compliant third-party payment processors (such as Stripe). We do not store your payment card information on our servers.

Refund Policy

General Policy: Subscription fees are non-refundable except as expressly stated below:

• Free Trial Cancellation: No charges if cancelled during trial period
• Service Issues: Pro-rated refunds for extended service outages (>48 hours)
• Account Termination by Us: Refund of unused prepaid fees for violations not involving fraud
• Legal Requirements: Refunds as required by applicable consumer protection laws

Late Payments and Account Suspension

If payment is not received by the due date:

• We may suspend access to premium features after 7 days
• Full account suspension may occur after 30 days of non-payment
• Account termination and data deletion may occur after 60 days
• You will receive email notifications before each action

Price Changes and Grandfathering

We reserve the right to modify pricing with at least 30 days' advance notice. Current subscribers will be grandfathered at their existing rate for one billing cycle after the change takes effect.

6. Data and Privacy

Your privacy is important to us. Please review our Privacy Policy, which also governs your use of our services, to understand our practices.

Data Ownership

You retain ownership of all data you provide to our services. We do not claim ownership of your content, but you grant us a license to use it as necessary to provide our services.

Data Security

We implement reasonable security measures to protect your data, but we cannot guarantee absolute security. You are responsible for maintaining the confidentiality of your data.

7. Intellectual Property Rights

Our Property

The services and their original content, features, and functionality are owned by Pebbble and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

License Grant

We grant you a limited, non-exclusive, non-transferable license to access and use our services for their intended purpose in accordance with these Terms.

User Content

By submitting content to our services, you grant us a worldwide, royalty-free license to use, reproduce, and distribute such content solely for the purpose of providing our services.

8. Third-Party Services

Our services may integrate with third-party services, including payment processors, calendar applications, and communication tools. Your use of such third-party services is subject to their respective terms and conditions.

We are not responsible for the availability, content, or practices of third-party services. Any dealings between you and third parties are solely between you and the third party.

9. Disclaimers and Warranties

Service Availability

While we strive to maintain 99.9% uptime, we do not guarantee uninterrupted access to our Services. Services may be temporarily unavailable due to maintenance, updates, technical issues, or circumstances beyond our control.

Business Compliance Disclaimer

Important: You are solely responsible for ensuring your use of our Services complies with all applicable laws, regulations, and industry standards in your jurisdiction, including but not limited to:

• Health and safety regulations for beauty and wellness businesses
• Professional licensing requirements
• Consumer protection laws
• Data protection and privacy laws
• Accessibility requirements (ADA compliance)
• Tax reporting and record-keeping obligations

Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT OUR SERVICES WILL BE ERROR-FREE, SECURE, OR CONTINUOUSLY AVAILABLE, OR THAT DEFECTS WILL BE CORRECTED.

10. Limitation of Liability

General Liability Limitations

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PEBBBLE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY:

• INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES
• LOST PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES
• DAMAGES RESULTING FROM DATA LOSS OR CORRUPTION
• DAMAGES ARISING FROM THIRD-PARTY ACTIONS OR OMISSIONS
• DAMAGES RELATED TO YOUR CLIENTS' CLAIMS OR DISPUTES
• DAMAGES FROM UNAUTHORIZED ACCESS TO OR USE OF OUR SERVICES

Monetary Liability Cap

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE GREATER OF:

• THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR
• ONE HUNDRED DOLLARS ($100)

State Law Variations

Some jurisdictions do not allow certain warranty disclaimers or liability limitations. In such cases, our liability will be limited to the greatest extent permitted by applicable law.

11. Indemnification

You agree to defend, indemnify, and hold harmless Pebbble and its officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt arising from:

• Your use of our services
• Your violation of these Terms
• Your violation of any third-party rights
• Any content you submit through our services

12. Termination

Termination by You

You may terminate your account at any time by contacting us or using the account closure feature in your dashboard.

Termination by Us

We may terminate or suspend your account immediately, without prior notice, if you breach these Terms or engage in activities that could harm our services or other users.

Effect of Termination

Upon termination, your right to use our services will cease immediately. We may retain your data for a reasonable period as described in our Privacy Policy.

13. Dispute Resolution

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.

Dispute Resolution Process

Before filing a lawsuit, you agree to try to resolve any dispute by contacting us directly. If we cannot resolve the dispute within 60 days, either party may pursue formal legal proceedings.

Jurisdiction and Venue

Any legal action relating to these Terms shall be brought exclusively in the federal or state courts located in Delaware, and you consent to the jurisdiction of such courts.

14. General Provisions

Entire Agreement

These Terms constitute the entire agreement between you and Pebbble regarding your use of our services and supersede all prior agreements and understandings.

Modifications

We reserve the right to modify these Terms at any time. We will provide notice of material changes, and continued use of our services after such notice constitutes acceptance of the modified Terms.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

15. Security and Data Breach Notification

Security Measures

We implement industry-standard security measures including encryption, access controls, and regular security audits. However, no system is 100% secure.

Data Breach Notification

In the unlikely event of a data breach that may affect your information, we will:

• Notify you via email within 72 hours of discovering the breach
• Provide details about what information may have been affected
• Describe the steps we're taking to address the breach
• Offer recommendations to protect your information
• Comply with all applicable breach notification laws

Your Security Responsibilities

You agree to maintain the security of your account by using strong passwords, enabling two-factor authentication when available, and promptly reporting any suspicious activity.

16. Force Majeure

We shall not be liable for any failure or delay in performance under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, internet outages, or other force majeure events.

17. Contact Information

If you have any questions about these Terms of Service, please contact us: