Terms of Service

1. Acceptance of Terms

By accessing or using Henzo's services ("Service", "Platform"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these terms, please do not use our services. These Terms constitute a legally binding agreement between you and IVAN VIERIN PEREBIICHUK (operating as "Henzo").

If you are using the Service on behalf of a business or other entity, you represent and warrant that you have the authority to bind that entity to these Terms.

2. Description of Service

Henzo operates as an online marketplace platform that connects clients with beauty salons, barbershops, massage parlors, and other related service providers ("Service Providers" or "Businesses") in Southeast Asia (SEA) region. We provide a technology platform that facilitates the booking and scheduling of appointments.

Important: Henzo is NOT a service provider. We do not provide beauty, barbering, or massage services. We are a technology platform that connects users with independent service providers. The actual services are provided by third-party businesses that are independent contractors and not employees, agents, or partners of Henzo.

Henzo does not control, manage, or supervise the services provided by Service Providers. We are not responsible for the quality, safety, legality, or any other aspect of the services provided by Service Providers.

3. Age Restrictions and Eligibility

Our Service is available to users of all ages. However, if you are under the age of 18 (or the age of majority in your jurisdiction), you represent that you have obtained parental or guardian consent to use the Service and that your parent or guardian agrees to be bound by these Terms on your behalf.

If you are under 13 years of age, you may only use the Service with the express consent and supervision of a parent or legal guardian. By using the Service, you represent and warrant that you have the legal capacity to enter into these Terms or that you have obtained the necessary consent from your parent or guardian.

Parents and guardians are responsible for supervising their children's use of the Service and ensuring that their children understand and comply with these Terms.

4. User Accounts and Responsibilities

You are responsible for:

• Maintaining the confidentiality of your account credentials
• Providing accurate, current, and complete information when creating an account or making a booking
• All activities that occur under your account, regardless of whether you authorized such activities
• Notifying us immediately of any unauthorized use of your account
• Using the Service only for lawful purposes and in accordance with these Terms

You agree not to use the Service in any way that infringes on the rights of others, violates any applicable laws, or interferes with the operation of the Service.

5. Booking Terms and Cancellation Policy

Booking Process:

• When you make a booking, it is initially in "PENDING" status and must be confirmed by the Service Provider
• Pending bookings that are not confirmed within 3 hours may be automatically canceled by the system
• Once confirmed, the booking becomes binding between you and the Service Provider
• Henzo facilitates the booking but is not a party to the agreement between you and the Service Provider

Cancellation Policy:

• You may cancel a booking at any time before the scheduled appointment time, subject to the Service Provider's cancellation policy
• You cannot cancel a booking that has already been completed or has passed
• Service Providers may have their own cancellation policies, including fees for late cancellations or no-shows
• Any refunds or cancellation fees are determined by the Service Provider, not by Henzo

No-Show Policy:

If you fail to appear for a confirmed booking without canceling ("No-Show"), the Service Provider may charge a no-show fee or take other actions in accordance with their policies. Henzo is not responsible for any fees or penalties imposed by Service Providers.

6. Service Provider Terms

If you are a Service Provider using our Platform:

• You are responsible for the accuracy of all information you provide about your business, services, prices, and availability
• You must maintain appropriate licenses, permits, and insurance as required by applicable laws
• You are solely responsible for the quality, safety, and legality of the services you provide
• You must respond to booking requests in a timely manner and honor confirmed bookings
• You are responsible for setting and communicating your own cancellation policies, pricing, and terms of service
• Subscription fees, if applicable, are non-refundable except as required by law

Henzo reserves the right to suspend or terminate Service Provider accounts that violate these Terms, engage in fraudulent activity, or fail to maintain service quality standards.

7. Reviews and Ratings

Users may post reviews and ratings about Service Providers. By posting a review, you agree that:

• Your review is based on your actual experience with the Service Provider
• Your review is truthful, accurate, and not defamatory, libelous, or otherwise unlawful
• You will not post fake, misleading, or fraudulent reviews
• You will not post reviews on behalf of others or accept compensation for posting reviews
• You grant Henzo a perpetual, irrevocable license to use, display, and distribute your reviews

Henzo reserves the right to remove, edit, or refuse to post any review that violates these Terms, contains false information, is defamatory, or violates any applicable laws. We are not obligated to monitor or review user-generated content, but we may do so at our discretion.

Service Providers may respond to reviews, but responses must also comply with these Terms and applicable laws.

8. Prohibited Activities

You agree NOT to:

• Use the Service for any illegal purpose or in violation of any applicable laws
• Create fake bookings, spam bookings, or otherwise abuse the booking system
• Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity
• Interfere with or disrupt the Service or servers or networks connected to the Service
• Use automated systems (bots, scrapers) to access the Service without authorization
• Attempt to gain unauthorized access to any portion of the Service or any other accounts, systems, or networks
• Post or transmit any content that is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
• Violate any intellectual property rights of Henzo or third parties

Violation of these prohibitions may result in immediate termination of your account and may subject you to legal liability.

9. Intellectual Property

Henzo's Intellectual Property: All content and materials on the Henzo Platform, including but not limited to logos, trademarks, text, graphics, software, code, design elements, and the overall look and feel of the Platform, are the property of Henzo or its licensors and are protected by copyright, trademark, and other intellectual property laws.

User-Generated Content:By posting, uploading, or submitting any content (including reviews, photos, comments) to the Platform, you grant Henzo a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in any media for the purpose of operating and promoting the Platform.

You represent and warrant that you own or have the necessary rights to grant the license described above and that your content does not infringe any third-party rights.

10. Limitations of Liability

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 WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

LIMITATION OF LIABILITY:

• Third-Party Services: HENZO IS NOT LIABLE FOR ANY DAMAGES, INJURIES, LOSSES, OR CLAIMS ARISING FROM OR RELATED TO THE SERVICES PROVIDED BY SERVICE PROVIDERS. THE RELATIONSHIP BETWEEN YOU AND SERVICE PROVIDERS IS SOLELY BETWEEN YOU AND THEM. HENZO ACTS ONLY AS A TECHNOLOGY PLATFORM AND IS NOT A PARTY TO ANY AGREEMENT BETWEEN YOU AND SERVICE PROVIDERS.
• Platform Availability: HENZO DOES NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. WE ARE NOT LIABLE FOR ANY LOSSES RESULTING FROM SERVICE INTERRUPTIONS, TECHNICAL FAILURES, OR UNAVAILABILITY.
• Maximum Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, HENZO'S TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO HENZO (IF ANY) IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100 USD, WHICHEVER IS GREATER.
• Excluded Damages: IN NO EVENT SHALL HENZO BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, REGARDLESS OF THE THEORY OF LIABILITY.

Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability, so some of the above limitations may not apply to you. In such cases, our liability will be limited to the maximum extent permitted by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless Henzo, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights, including intellectual property rights; (d) your interaction with Service Providers; or (e) any content you post or submit to the Platform.

12. Account Termination

You may terminate your account at any time by contacting us or using the account deletion features in the Service.

Henzo reserves the right to suspend or terminate your account immediately, without prior notice, if you:

• Violate these Terms or any applicable laws
• Engage in fraudulent, abusive, or illegal activity
• Fail to pay any fees owed to Henzo (for Service Providers)
• Provide false, inaccurate, or misleading information
• Interfere with the operation of the Service

Upon termination, your right to use the Service will immediately cease. We may retain certain information as required by law or for legitimate business purposes. Provisions of these Terms that by their nature should survive termination will survive.

13. Data and Privacy

Your privacy is important to us. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using the Service, you consent to the collection and use of your information as described in our Privacy Policy. We may share certain information with Service Providers to facilitate bookings, but we do not sell your personal information to third parties.

We are committed to protecting your personal data in accordance with applicable data protection laws. For more information about your rights and how we process your data, please see our Privacy Policy. If you have any questions or wish to exercise your data protection rights, please contact us at hello@henzo.app.

14. Force Majeure

Henzo shall not be liable for any failure or delay in performance under these Terms resulting from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemics, government actions, internet outages, or failures of third-party service providers.

15. Dispute Resolution

Informal Resolution:Before filing a claim, you agree to try to resolve the dispute informally by contacting us at hello@henzo.app. We will try to resolve the dispute within 60 days of receiving your notice.

Disputes with Service Providers: Any disputes between you and a Service Provider regarding the services provided must be resolved directly with the Service Provider. Henzo is not responsible for resolving disputes between users and Service Providers, though we may provide assistance at our discretion.

Binding Arbitration: If we cannot resolve a dispute informally, you and Henzo agree to resolve any disputes arising out of or relating to these Terms or the Service through final and binding arbitration, except as set forth below. The arbitration will be conducted by a single arbitrator in accordance with the rules of the arbitration organization selected by mutual agreement.

Exceptions: Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Service or intellectual property infringement without first engaging in the informal dispute resolution process described above.

Class Action Waiver:You agree that disputes will be resolved on an individual basis and waive any right to participate in a class action, collective action, or representative proceeding.

16. Governing Law and Jurisdiction

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

Any legal action or proceeding arising out of or relating to these Terms or the Service (except for disputes subject to arbitration) shall be brought exclusively in the competent courts of Poland. You consent to the personal jurisdiction of such courts.

Service Availability: The Service is provided to users in Southeast Asia (SEA) region. By using the Service, you represent that you are located in a jurisdiction where the Service is available and that you are not located in a jurisdiction where the use of the Service is prohibited by law.

17. Modifications to Terms

Henzo reserves the right to modify these Terms at any time. We will notify users of material changes by:

• Posting the updated Terms on this page
• Updating the "Last updated" date
• Sending an email notification for significant changes (if you have provided an email address)
• Displaying a notice on the Platform

Your continued use of the Service after such modifications constitutes acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using the Service and may terminate your account.

18. General Provisions

Entire Agreement:These Terms, together with our Privacy Policy, constitute the entire agreement between you and Henzo regarding the Service.

Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

Waiver: The failure of Henzo to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

Assignment: You may not assign or transfer these Terms or your account without Henzo's prior written consent. Henzo may assign these Terms without restriction.

Contact Information:If you have any questions about these Terms, please contact us at hello@henzo.app.