Terms of Service

1. Acceptance of Terms

By accessing and using the Tugest platform ("Service"), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to these Terms of Service, please do not use the Service.

These terms apply to all users of the Service, including without limitation users who are browsers, vendors, customers, merchants, and contributors of content.

2. Description of Service

Tugest provides a cloud-based appointment scheduling and business management platform for beauty professionals, salons, spas, and related businesses. The Service includes:

• Online appointment booking and management
• Client database and management
• Service and product catalog
• Staff management and scheduling
• Email and communication tools
• Analytics and reporting
• E-commerce functionality (Business plan)
• Payment processing integration (Business plan)

3. Account Registration

3.1 Account Creation

To use certain features of the Service, you must register for an account. You must provide accurate, current, and complete information during the registration process and keep your account information up-to-date.

3.2 Account Security

You are responsible for safeguarding your password and for all activities that occur under your account. You agree to:

• Use a strong, unique password
• Not share your account credentials with others
• Notify us immediately of any unauthorized access to your account
• Log out of your account at the end of each session

3.3 Account Eligibility

You must be at least 18 years old to create an account. By creating an account, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms.

4. Subscription Plans and Billing

4.1 Subscription Tiers

The Service is offered under three subscription tiers:

• Basic Plan: €9.99/month (or as displayed on our pricing page)
• Professional Plan: €29.99/month (or as displayed on our pricing page)
• Business Plan: €79.99/month (or as displayed on our pricing page)

Annual billing options are available at a discounted rate. Prices are subject to change with 30 days' notice.

4.2 Free Trial

We offer a 14-day free trial for new users. No credit card is required to start your trial. At the end of the trial period, your subscription will not automatically convert to a paid plan unless you explicitly choose to upgrade and provide payment information.

4.3 Billing

Subscription fees are billed in advance on a monthly or annual basis, depending on your chosen billing cycle. Payment is due on the subscription date each billing period. All fees are non-refundable except as expressly stated in these Terms or required by law.

4.4 Payment Methods

We accept major credit cards and debit cards processed through our payment provider, Stripe. You authorize us to charge your payment method for the subscription fees and any applicable taxes.

4.5 Failed Payments

If payment fails, we will attempt to charge your payment method up to 3 times over a 10-day period. If payment continues to fail, your account may be suspended or downgraded to the free tier (if available). You will receive email notifications before any suspension.

4.6 Refunds

We offer a 30-day money-back guarantee for first-time subscribers (60 days for Business plan). If you are not satisfied with the Service, you may request a full refund within this period by contacting [email protected]. Refunds for subsequent billing periods are at our sole discretion.

5. Cancellation and Termination

5.1 Cancellation by You

You may cancel your subscription at any time through your account settings or by contacting our support team. Cancellation is effective at the end of your current billing period. You will continue to have access to the Service until that date.

No refunds are provided for partial billing periods, except as stated in Section 4.6.

5.2 Termination by Us

We may suspend or terminate your access to the Service, without prior notice or liability, for any reason, including but not limited to:

• Violation of these Terms of Service
• Non-payment of fees
• Fraudulent or illegal activity
• Abuse of the Service or other users

5.3 Effect of Termination

Upon termination, your right to use the Service will immediately cease. We will retain your data for 30 days after termination to allow for account recovery. After 30 days, all data will be permanently deleted and cannot be recovered.

You may export your data at any time before termination using the data export feature in your account settings.

6. User Responsibilities and Prohibited Uses

6.1 Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Service in any way that violates any applicable law or regulation
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Transmit any viruses, malware, or other harmful code
• Attempt to gain unauthorized access to any portion of the Service
• Interfere with or disrupt the Service or servers or networks connected to the Service
• Use any automated system, including robots, spiders, or scrapers, to access the Service
• Upload or transmit spam, chain letters, or unsolicited communications
• Collect or harvest personal information of other users without their consent

6.2 Client Data

You are responsible for all data you input into the Service, including client information, appointment details, and business data ("Client Data"). You represent and warrant that:

• You have the right to collect and process all Client Data
• You comply with all applicable data protection laws (including GDPR)
• You have obtained necessary consents from clients for data processing
• Client Data does not violate any third-party rights

6.3 Compliance with Laws

You are responsible for ensuring your use of the Service complies with all applicable laws, including:

• GDPR (General Data Protection Regulation) for EU clients
• Local business licensing requirements
• Payment processing regulations
• Email marketing laws (CAN-SPAM, GDPR)
• Tax reporting requirements

7. Intellectual Property

7.1 Our Intellectual Property

The Service and its original content (excluding Client Data), features, and functionality are and will remain the exclusive property of Tugest and its licensors. The Service is protected by copyright, trademark, and other laws.

Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

7.2 Your Content License

You retain all rights to your Client Data. By using the Service, you grant us a limited, non-exclusive, royalty-free license to use, process, and store your Client Data solely to provide the Service to you.

7.3 Feedback

If you provide us with feedback, suggestions, or ideas about the Service, you grant us the right to use such feedback without compensation or attribution.

8. Data Protection and Privacy

Our collection and use of personal information is described in our Privacy Policy. By using the Service, you consent to such processing and you warrant that all data provided by you is accurate.

We implement appropriate technical and organizational measures to protect your data, including:

• SSL/TLS encryption for data in transit
• Encryption of sensitive data at rest
• Regular security audits and updates
• Access controls and authentication
• Regular backups

9. Third-Party Services

The Service may integrate with third-party services, including:

• Stripe (payment processing)
• Google Workspace and Microsoft 365 (email OAuth)
• WhatsApp Business API (messaging)
• SendGrid/Resend (email delivery)
• Google Analytics (analytics)

Your use of third-party services is subject to their respective terms of service and privacy policies. We are not responsible for the practices of third-party services.

10. Warranties and Disclaimers

10.1 Service Availability

While we strive to provide 99.9% uptime, the Service is provided on an "AS IS" and "AS AVAILABLE" basis. We do not guarantee uninterrupted, timely, secure, or error-free service.

10.2 Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Service will meet your specific requirements
• The Service will be uninterrupted, timely, or error-free
• Any errors in the Service will be corrected
• The results obtained from the Service will be accurate or reliable

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BEAUTYTECH, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of or inability to access or use the Service
• Any conduct or content of any third party on the Service
• Any content obtained from the Service
• Unauthorized access, use, or alteration of your transmissions or content

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR €100, WHICHEVER IS GREATER.

12. Indemnification

You agree to defend, indemnify, and hold harmless Tugest and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of:

• Your use and access of the Service
• Your violation of any term of these Terms
• Your violation of any third-party right, including without limitation any copyright, property, or privacy right
• Any claim that your Client Data caused damage to a third party

13. Modifications to Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect.

What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

14. Governing Law and Jurisdiction

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

Any disputes arising out of or related to these Terms or the Service shall be resolved exclusively in the courts of Portugal. You consent to the personal jurisdiction of such courts.

15. Dispute Resolution

15.1 Informal Negotiation

If a dispute arises, you agree to first contact us at [email protected] to attempt to resolve the dispute informally.

15.2 Arbitration

If the dispute cannot be resolved through informal negotiation, you agree that the dispute will be resolved through binding arbitration in accordance with the rules of the Portuguese Arbitration Association.

15.3 Class Action Waiver

You agree to bring claims against us only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

16. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Tugest regarding the Service and supersede all prior agreements and understandings.

18. Contact Information

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

• Email: [email protected]
• Support: [email protected]
• Address: Tugest, Rua Example, 123, 1000-000 Lisboa, Portugal