Terms of Service

1. Agreement to Terms

By accessing or using Day Spa Data ("the Service"), operated by Day Spa Data LLC ("Company," "we," "us," or "our"), you ("Customer," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity. If you do not agree to these Terms, do not use the Service.

2. Description of Service

Day Spa Data is a business intelligence platform that connects to your spa management software to provide automated analytics dashboards. The Service includes data extraction via your spa software's CDC (Change Data Capture) API, data transformation and warehousing on Google Cloud Platform, and visualization through a web-based dashboard application.

The Service is designed for use by independent spa owners and their authorized staff operating wellness or cosmetic spa businesses in a non-clinical context. Features, integrations, and supported data sources may change over time as we improve the platform.

AI Data Analyst: The Service includes an AI-powered conversational analytics feature that allows users to ask natural-language questions about their business data. This feature uses Anthropic's language model API to process queries and generate responses. Queries are answered using data from the same data warehouse that powers the dashboard, subject to the same role-based access controls and location filtering. All subscription tiers include unlimited AI Data Analyst usage, subject to per-message reasoning-step and result-row guardrails for cost containment.

3. Account Terms

You must provide accurate and complete information when creating an account. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately of any unauthorized use.

Each user must have their own individual login. Account credentials may not be shared across multiple individuals. All subscription tiers include unlimited user seats for your authorized managers and staff. You are responsible for ensuring that all users under your account comply with these Terms.

We reserve the right to disable accounts that violate these Terms, have been inactive for an extended period, or where we reasonably believe the account is being used fraudulently.

4. Subscription and Payment Terms

Subscription billing: Fees are billed per location on a monthly or annual basis, in advance. All prices are quoted and payable in US dollars. Billing is handled through our third-party payment processor (Stripe). When you add a payment method, you authorize us to charge it automatically at the start of each billing period for the then-current number of licensed locations on your account, until you cancel. You are responsible for keeping a valid payment method on file.

Free trial: New accounts receive a 14-day free trial with full access to the Service and no payment method required to begin. We will remind you within the dashboard as the trial period winds down. If you add a payment method during the trial, you will not be charged until the trial ends. If the trial ends without a payment method on file, access to the Service is limited to the billing page until you add one — no charge is made and no payment is owed for the trial period. We may modify or discontinue trial offers at any time for new accounts.

Monthly subscriptions: Month-to-month with no minimums and no contract. Cancel any time through your billing portal — your subscription will end at the close of your current billing period and no further charges will run.

Annual subscriptions: Annual subscriptions are billed upfront for 12 months at a discounted rate (15% off the monthly rate). Annual subscriptions auto-renew for successive 12-month terms by default. You may disable auto-renewal at any time through your billing portal; if disabled, your account will either terminate at the end of the current 12-month term or convert to month-to-month at the prevailing monthly rate, depending on the option you select at the time of cancellation.

Free onboarding: Setup is included with every subscription at no additional cost. Onboarding includes historical data backfill from your spa management software, location configuration, user account setup, and a 30-minute training session per location. There are no setup fees, implementation fees, or one-time charges.

Failed payments: If a charge to your payment method fails, our payment processor will automatically retry it over a series of attempts. During this period your account may be flagged as past due, and we will prompt you within the dashboard to update your payment method. If payment is not successfully collected after the retry period, we may suspend access to the Service until a valid payment is made. For any account billed by manual invoice rather than an automatic payment method, overdue invoices may be subject to a late fee of 1.5% per month (or the maximum rate permitted by law, whichever is less), and we may suspend access for invoices overdue by more than 15 days.

Taxes: Fees are exclusive of all taxes. You are responsible for all applicable sales, use, VAT, or similar taxes, excluding taxes based on our net income.

Price changes: We may adjust pricing with at least 60 days written notice. Price increases will not take effect until the start of your next billing cycle. Existing annual contracts are honored at their contracted rate through the end of their current term.

Refunds: Subscription fees are non-refundable except where required by law. If we materially fail to provide the Service as described, you may request a pro-rated credit for the affected period.

5. Data Ownership and Privacy

Your data: You retain all ownership rights to your business data. We do not claim any intellectual property rights over the data you provide or that we extract from your spa management software on your behalf. We process your data solely to provide and improve the Service.

License to process: You grant us a limited, non-exclusive license to access, collect, store, process, and display your data as necessary to provide the Service. This license terminates when your subscription ends (subject to the data retention period described in Section 10). This license does not authorize us to process Protected Health Information (as defined under HIPAA) or any data subject to a separate Business Associate Agreement except in accordance with that agreement and Section 17 below.

Privacy Policy: Our collection, use, and protection of your data is governed by our Privacy Policy, which is incorporated into these Terms by reference.

Aggregated data: We may use de-identified, aggregated data that does not identify you or your business for purposes such as improving the Service, benchmarking, and analytics. Such aggregated data will not include any personally identifiable information or data that could reasonably be used to identify your specific business.

6. Confidentiality

Each party agrees to keep confidential any non-public information disclosed by the other party in connection with the Service ("Confidential Information"). Confidential Information includes, but is not limited to, business data, pricing, technical specifications, and business strategies.

Neither party shall disclose the other's Confidential Information to any third party except: (a) to employees, contractors, or service providers who need access to perform obligations under these Terms and are bound by confidentiality obligations at least as protective as these; (b) as required by law, regulation, or court order (with reasonable prior notice where permitted); or (c) with the prior written consent of the disclosing party.

These confidentiality obligations survive termination of these Terms for a period of 3 years.

7. Intellectual Property

The Service, including its software, source code, algorithms, data models, user interface design, dashboards, documentation, and all related intellectual property, is and remains the exclusive property of Day Spa Data LLC. Your subscription grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes during the subscription term.

You may not copy, modify, distribute, sell, lease, or create derivative works based on the Service or any part thereof. All rights not expressly granted herein are reserved by Day Spa Data LLC.

Feedback: If you provide us with suggestions, ideas, or feedback about the Service, you grant us a perpetual, irrevocable, royalty-free license to use, modify, and incorporate such feedback into the Service without obligation to you.

8. Acceptable Use

You agree not to:

• Reverse engineer, decompile, disassemble, or attempt to extract source code from the Service
• Use the Service to store or transmit malicious code, viruses, or harmful content
• Attempt to access data belonging to other customers or probe the security of the Service
• Resell, sublicense, lease, or redistribute the Service or access thereto without our prior written consent
• Use automated means (bots, scrapers) to access the Service beyond the intended user interface and APIs
• Use the Service in violation of any applicable law, regulation, or third-party rights
• Interfere with or disrupt the integrity or performance of the Service
• Circumvent any access controls, rate limits, or security features of the Service
• Submit, store, or transmit Protected Health Information (as defined under HIPAA), data subject to 42 CFR Part 2, electronic health records, clinical or treatment notes, intake-form responses, or other regulated health information to the Service without first executing a Business Associate Agreement with us and receiving our written confirmation that the affected portion of the Service has been provisioned for HIPAA handling
• Use the Service to provide clinical, medical, diagnostic, or treatment-related services, or to render decisions that would constitute the practice of medicine, nursing, or any other licensed healthcare profession
• Use the AI Data Analyst to attempt to access data outside your authorized scope or bypass role-based access controls
• Use the AI Data Analyst to process PHI in the absence of an executed BAA and our written confirmation that the AI Data Analyst has been provisioned for HIPAA handling
• Rely on AI Data Analyst output as professional financial, legal, tax, or medical advice
• Attempt prompt injection, jailbreaking, or other techniques to circumvent AI Data Analyst system instructions or safety measures

Violation of this section may result in immediate suspension or termination of your account. We reserve the right to delete, refuse to ingest, or block data fields we reasonably believe contain PHI in the absence of an executed BAA, without liability to you for the affected portion of the Service.

9. Service Level and Availability

We target 99.9% uptime for the dashboard application, measured on a monthly basis (excluding scheduled maintenance). Data syncs occur nightly; temporary delays in data freshness do not constitute downtime.

We will provide reasonable advance notice for scheduled maintenance that may affect availability. In the event of unscheduled downtime exceeding 4 consecutive hours, we will provide a post-incident summary upon request.

The Service depends on third-party infrastructure providers and your spa management software's API. We are not responsible for outages or degraded performance caused by these third-party providers, nor for interruptions to the source software's API that are outside our control. The current list of sub-processors is maintained in our Data Processing Agreement.

10. Termination

By you: You may cancel your subscription at any time through your billing portal inside the dashboard. No notice period or written request is required, and there are no minimum commitment terms for monthly subscriptions. Cancellation takes effect at the end of your current billing period — you retain full access through the end of the period you have already paid for, and no further charges will run. For annual subscriptions, see Section 4 for auto-renewal handling.

By us: We may suspend or terminate your account immediately for: (a) material breach of these Terms; (b) non-payment of fees overdue by more than 30 days; (c) conduct that we reasonably believe may cause liability to us or other customers; or (d) as required by law. Where possible, we will provide 30 days notice before termination and an opportunity to cure the breach.

Effect of termination: Upon termination, your right to access the Service ceases immediately (or at the end of the billing period for customer-initiated cancellations). Any outstanding fees remain due and payable.

Data after termination: Following termination, you will have a 90-day window to request an export of your data. We will provide your data in a standard machine-readable format (CSV or JSON). After the 90-day export window, your data will be permanently and irreversibly deleted from our systems. We are not obligated to retain your data beyond this period. If a BAA is in effect, the data return and destruction provisions of the BAA control with respect to PHI.

Survival: Sections 5 (Data Ownership), 6 (Confidentiality), 7 (Intellectual Property), 11 (Disclaimer of Warranties), 12 (Limitation of Liability), 13 (Indemnification), 14 (Governing Law and Dispute Resolution), and 17 (HIPAA and Protected Health Information) survive termination.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, error-free, or secure, or that any defects will be corrected. We do not warrant the accuracy, completeness, or reliability of any data, analytics, or projections generated by the Service. Dashboards and reports are tools to inform business decisions, not guarantees of outcomes.

We are not responsible for the accuracy or completeness of data provided by your spa management software or entered by your staff. Analytics and insights are only as reliable as the underlying source data.

AI DATA ANALYST OUTPUTS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND MAY CONTAIN ERRORS, INACCURACIES, OR INCOMPLETE INFORMATION. AI-GENERATED RESPONSES DO NOT CONSTITUTE PROFESSIONAL FINANCIAL, LEGAL, TAX, MEDICAL, OR BUSINESS ADVICE. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING AND VERIFYING ANY INFORMATION PROVIDED BY THE AI DATA ANALYST BEFORE MAKING BUSINESS DECISIONS.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DAY SPA DATA LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITY, OR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, AND REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

THE LIMITATIONS IN THIS SECTION APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

13. Indemnification

Customer indemnification. You agree to indemnify, defend, and hold harmless Day Spa Data LLC and its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service in violation of these Terms or applicable law; (b) any data or content you submit, or cause to be submitted, to the Service in violation of Section 8 (Acceptable Use) or Section 17 (HIPAA), including without limitation the submission of PHI without an executed BAA; (c) your breach of any representation, warranty, or covenant in these Terms; or (d) any third-party claim alleging that your data, your use of the Service, or your spa's underlying business practices infringes or misappropriates a third party's rights or violates applicable law.

Company indemnification. We will defend you against any third-party claim alleging that the Service, as provided by us and used in accordance with these Terms, infringes a US patent, copyright, or trademark, or misappropriates a trade secret, and will pay damages and costs finally awarded against you (or settlement amounts approved by us) in such a claim, provided you promptly notify us of the claim, give us sole control of the defense, and provide reasonable cooperation.

14. Governing Law and Dispute Resolution

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

Informal resolution: Before initiating any formal proceeding, the parties agree to first attempt to resolve any dispute informally by contacting the other party and negotiating in good faith for a period of at least 30 days.

Arbitration: Any dispute not resolved informally shall be settled by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration shall be conducted in Charleston, South Carolina, by a single arbitrator. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class action waiver: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

Injunctive relief: Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of intellectual property rights or Confidential Information.

15. Force Majeure

Neither party shall be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, riots, government actions, power failures, internet or telecommunications failures, or failures of third-party service providers. The affected party shall provide prompt notice and use commercially reasonable efforts to resume performance.

16. General Provisions

Entire agreement: These Terms, together with the Privacy Policy, the Subscription Agreement, the Cookie Policy, the Data Processing Agreement, any executed Business Associate Agreement, and any applicable order forms or statements of work, constitute the entire agreement between the parties and supersede all prior agreements, proposals, or representations relating to the subject matter herein.

Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable.

Waiver: The failure of either party to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by the waiving party.

Assignment: You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets, provided the assignee agrees to be bound by these Terms.

Notices: All notices under these Terms shall be in writing and sent to the email address associated with your account (for notices to you) or to legal@dayspadata.com (for notices to us). Notices are deemed received when sent via email.

Independent contractors: The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.

17. HIPAA and Protected Health Information

Our HIPAA role. Day Spa Data LLC is not a Covered Entity under HIPAA. We may act as a Business Associate of a subscribing Customer only where (a) the Customer is itself a Covered Entity or another Business Associate, and (b) the parties have executed a separate written Business Associate Agreement ("BAA").

Customer responsibility. Customer is solely responsible for determining whether the data Customer submits to the Service, or that we extract on Customer's behalf from Customer's spa management software, constitutes Protected Health Information ("PHI") under HIPAA, 42 CFR Part 2, or any substantially similar federal or state health-privacy law. Customer must notify Company in writing and execute a BAA before using the Service to process PHI.

No PHI in the Service absent a BAA. In the absence of an executed BAA, Customer represents and warrants that Customer will not submit, store, or transmit PHI to the Service. We may treat the absence of a BAA as Customer's representation that no Data submitted constitutes PHI, and we will not be obligated to safeguard such Data as PHI under HIPAA.

Right to refuse PHI. We reserve the right to delete, refuse to ingest, or block any data field we reasonably believe contains PHI in the absence of an executed BAA, without liability to Customer for the affected portion of the Service. We may also suspend access to the Service if Customer materially breaches this Section 17.

BAA controls. If a BAA is executed, the BAA governs Company's use, disclosure, safeguarding, and breach-notification obligations with respect to PHI, and supplements (and, where conflicting, supersedes) these Terms with respect to PHI.

Customer indemnity for HIPAA matters. Without limiting Section 13, Customer agrees to indemnify, defend, and hold harmless Company and its officers, directors, employees, and agents from and against any and all claims, penalties (including civil monetary penalties assessed under HIPAA), losses, settlements, costs, expenses (including reasonable attorneys' fees), liabilities, or damages arising or resulting from (a) Customer's submission of PHI to the Service without an executed BAA, (b) Customer's failure to comply with HIPAA or other applicable health-privacy laws with respect to data Customer collects or processes, and (c) any claim by Customer's clients, end users, regulators, or third parties arising from Customer's underlying business practices in handling PHI.

No clinical use. The Service is not designed, certified, or warranted for clinical, diagnostic, or treatment purposes. Customer agrees not to use the Service to render decisions that constitute the practice of medicine, nursing, or any other licensed healthcare profession.

18. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes via email or through the Service at least 30 days before they take effect. Non-material changes (such as clarifications or formatting) may be made without advance notice. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service and cancel your subscription.

19. Contact

For questions about these Terms, contact us at:

Day Spa Data LLC
Email: legal@dayspadata.com