Terms of Service

Welcome to Glamyad. These Terms of Service ("Terms") constitute a legally binding agreement between you and Glamyad Inc. ("Glamyad," "we," "us," or "our") governing your access to and use of the Glamyad platform, including our website at https://glamyad.com, mobile applications, and all related services (collectively, the "Platform").

By accessing, browsing, or using the Platform, or by creating an account, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, Cookie Policy, and any other policies or guidelines posted on the Platform. If you do not agree to these Terms, you must not access or use the Platform.

We reserve the right to modify these Terms at any time. Your continued use of the Platform after any changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically for updates.

Glamyad operates as an online marketplace and technology platform that connects individuals seeking beauty and wellness services ("Clients") with independent beauty professionals, salons, spas, and wellness practitioners ("Providers"). Our Platform facilitates:

• Service Discovery: Browsing and searching for beauty and wellness services, including but not limited to hair styling, makeup, nail care, skincare, massage, spa treatments, and other wellness services.
• Appointment Booking: Scheduling, managing, and confirming appointments between Clients and Providers.
• Payment Processing: Secure payment processing for services booked through the Platform, including deposits, full payments, and tips.
• Reviews and Ratings: A system for Clients to leave feedback and ratings about their experience with Providers.
• Communication Tools: In-platform messaging and notification systems to facilitate coordination between Clients and Providers.

All users of the Platform agree to conduct themselves in a professional, respectful, and lawful manner. Specifically, you agree to:

• Provide accurate, current, and complete information during registration and maintain the accuracy of your account information.
• Respect Provider schedules, policies, and professional boundaries.
• Communicate courteously and professionally with Providers and other users through the Platform.
• Honor your bookings and cancellations in accordance with the policies outlined in Section 3.
• Comply with all applicable local, state, and federal laws and regulations in your use of the Platform.

Glamyad reserves the right, at its sole discretion, to suspend, restrict, or terminate access to the Platform for any user who violates these conduct guidelines or engages in fraudulent, abusive, or otherwise harmful activity.

5.1 Eligibility

To use the Glamyad Platform, you must:

• Be at least 18 years of age, or the age of majority in your jurisdiction, whichever is higher.
• Have the legal capacity and authority to enter into a binding agreement.
• Not be prohibited from using the Platform under applicable law or by a prior suspension or termination by Glamyad.
• Not have been previously removed from the Platform or had your account terminated by Glamyad.

5.2 Account Registration

To access certain features of the Platform, you must create an account. When registering, you agree to:

• Provide true, accurate, current, and complete information as prompted by the registration form.
• Maintain and promptly update your account information to keep it accurate and current.
• Maintain the security and confidentiality of your login credentials (username and password).
• Accept full responsibility for all activities that occur under your account, whether authorized by you or not.
• Notify Glamyad immediately at support@glamyad.com of any unauthorized use of your account or any other breach of security.

5.3 Account Types

The Platform offers two primary account types:

• Client Accounts: For individuals seeking to book beauty and wellness services.
• Provider Accounts: For beauty professionals, salons, spas, and wellness practitioners offering services through the Platform. Provider accounts may require additional verification, documentation, and approval.

Glamyad reserves the right to verify the identity of any user and to request additional documentation, particularly for Provider accounts. This may include but is not limited to government-issued identification, professional licenses, certifications, and business registration documents.

By registering as a Provider on the Glamyad Platform, you represent, warrant, and agree to the following:

• Qualifications: You possess all necessary qualifications, licenses, certifications, permits, and insurance required by applicable law to offer the services you list on the Platform. You are solely responsible for maintaining the validity of these credentials.
• Accurate Listings: All service descriptions, pricing, availability, and other information you provide on your profile are accurate, truthful, and not misleading. You will promptly update any changes to this information.
• Professional Standards: You will perform all services in a professional, competent, and workmanlike manner, consistent with industry standards and best practices.
• Health and Safety: You will maintain a clean, safe, and hygienic environment for all services, comply with all applicable health and safety regulations, and use products that are safe and properly labeled.
• Insurance: You maintain adequate liability insurance coverage for the services you provide, where required by law or industry standards.
• Independent Contractor Status: You acknowledge that you are an independent contractor and not an employee, agent, partner, or joint venturer of Glamyad. You are solely responsible for your own taxes, insurance, and compliance with employment and labor laws.
• Client Relations: You will treat all Clients with respect and professionalism, honor confirmed bookings, and communicate promptly and clearly regarding any changes or issues.
• Compliance with Laws: You will comply with all applicable federal, state, and local laws, regulations, and ordinances in connection with your use of the Platform and the provision of your services.
• Platform Fees: You agree to pay all applicable commissions, service fees, and charges as determined by Glamyad. Fee structures will be communicated to you and may be updated with reasonable notice.

Glamyad reserves the right to suspend or terminate Provider accounts that fail to meet these obligations, receive consistently poor reviews, or engage in conduct that harms the reputation of the Platform.

7.1 Glamyad Intellectual Property

The Platform, including its original content, features, functionality, design, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and all related materials, is owned by Glamyad Inc. and is protected by Nigerian and international copyright, trademark, patent, trade secret, and other intellectual property laws.

The Glamyad name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Glamyad Inc. or its affiliates. You must not use such marks without the prior written permission of Glamyad.

7.2 Limited License

Subject to your compliance with these Terms, Glamyad grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your personal, non-commercial use (or for your business use, if you are a Provider). This license does not include the right to:

• Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any content or materials from the Platform.
• Use any data mining, robots, scraping, or similar data gathering or extraction methods.
• Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information.
• Use any meta tags or other "hidden text" utilizing Glamyad's name or trademarks.
• Reverse engineer, decompile, or disassemble any software included in the Platform.

7.3 Provider Intellectual Property

Providers retain all intellectual property rights in their own content, including but not limited to business names, logos, service descriptions, photographs, and portfolio images uploaded to the Platform. By uploading such content, Providers grant Glamyad a non-exclusive, worldwide, royalty-free license to use, display, reproduce, and distribute such content solely for the purpose of operating and promoting the Platform.

The Platform allows users to submit, post, display, or transmit content, including but not limited to reviews, ratings, comments, photographs, profile information, and messages ("User Content").

8.1 Your Responsibility

You are solely responsible for all User Content you submit to the Platform. By submitting User Content, you represent and warrant that:

• You own or have the necessary rights, licenses, consents, and permissions to submit the content.
• The content does not violate any third-party rights, including intellectual property, privacy, or publicity rights.
• The content is accurate, not misleading, and does not contain false or defamatory statements.
• The content does not contain viruses, malware, or any other harmful code.

8.2 License to Glamyad

By submitting User Content to the Platform, you grant Glamyad a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in connection with operating, promoting, and improving the Platform.

8.3 Reviews and Ratings

• Reviews must reflect genuine, firsthand experiences with a Provider's services.
• Reviews must not contain offensive, discriminatory, or defamatory language.
• Glamyad reserves the right to remove any review that violates these guidelines, is suspected to be fraudulent, or is the subject of a valid legal complaint.
• Providers may not offer incentives, discounts, or compensation in exchange for positive reviews.
• Providers may respond to reviews publicly on the Platform. Responses must be professional and must not contain confidential client information.

8.4 Content Monitoring

Glamyad does not pre-screen all User Content but reserves the right (without obligation) to monitor, edit, remove, or refuse to post any User Content at its sole discretion. We may also use automated tools to detect and remove content that violates these Terms.

You agree not to engage in any of the following activities on or through the Platform:

• Fraud and Misrepresentation: Providing false or misleading information, creating fake accounts, or impersonating another person or entity.
• Unauthorized Access: Attempting to gain unauthorized access to any portion of the Platform, other users' accounts, or any computer systems or networks connected to the Platform.
• Interference: Using any robot, spider, scraper, or other automated means to access the Platform for any purpose without our express written permission.
• Malicious Code: Uploading, transmitting, or distributing any viruses, worms, Trojan horses, or other malicious code.
• Harassment: Harassing, threatening, intimidating, or discriminating against any user, Provider, or Glamyad employee.
• Off-Platform Transactions: Attempting to circumvent the Platform's payment system by arranging payments or bookings directly with Providers or Clients outside the Platform for services discovered through Glamyad.
• Spam: Sending unsolicited messages, advertisements, or promotional materials through the Platform.
• Illegal Activities: Using the Platform to facilitate or promote any illegal activity, including but not limited to fraud, money laundering, or the sale of illegal substances.
• Privacy Violations: Collecting, storing, or sharing personal information of other users without their explicit consent.
• Reverse Engineering: Attempting to reverse engineer, decompile, or disassemble any aspect of the Platform.

Violation of any of these prohibited activities may result in immediate suspension or termination of your account and may be reported to law enforcement authorities.

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

GLAMYAD EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• Any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
• Warranties regarding the accuracy, reliability, or completeness of any content, information, or materials on the Platform.
• Warranties that the Platform will be uninterrupted, secure, error-free, or free from viruses or other harmful components.
• Warranties regarding the quality, safety, or legality of any services provided by Providers listed on the Platform.
• Warranties that any defects in the Platform will be corrected.

GLAMYAD DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A PROVIDER ON THE PLATFORM. GLAMYAD WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND PROVIDERS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF APPLICABLE REMEDIES. IN SUCH CASES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GLAMYAD, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, data, or use.
• Personal injury, property damage, or any other harm arising from services provided by Providers.
• Interruption, suspension, or termination of the Platform or any services.
• Unauthorized access to or alteration of your transmissions or data.
• Statements or conduct of any third party on the Platform.
• Any other matter relating to the Platform, whether based on warranty, contract, tort (including negligence), or any other legal theory.

IN NO EVENT SHALL GLAMYAD'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE GREATER OF ONE HUNDRED NAIRA (₦100) OR THE AMOUNT YOU HAVE PAID TO GLAMYAD IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, GLAMYAD'S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

You agree to defend, indemnify, and hold harmless Glamyad Inc., its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to reasonable attorneys' fees) arising from:

• Your use of or access to the Platform.
• Your violation of any term of these Terms.
• Your violation of any third-party right, including without limitation any intellectual property right, privacy right, or publicity right.
• Any User Content you submit, post, or transmit through the Platform.
• Your interactions with any other user, Provider, or Client through or outside of the Platform.
• Any dispute between you and a Provider, or between you and another Client.

Glamyad reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Glamyad in asserting any available defenses.

13.1 Informal Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the Platform, you agree to first attempt to resolve the dispute informally by contacting Glamyad at support@glamyad.com. We will make a good-faith effort to resolve the dispute within thirty (30) days of receiving your written notice.

13.2 Mediation

If the dispute is not resolved informally within thirty (30) days, both parties agree to participate in good faith in mediation before a mutually agreed-upon mediator in Lagos, Nigeria, before pursuing any other form of dispute resolution. The costs of mediation shall be shared equally between the parties.

13.3 Arbitration

If mediation is unsuccessful, any dispute arising out of or relating to these Terms shall be finally resolved by binding arbitration administered by the Lagos Court of Arbitration (LCA) in accordance with its arbitration rules. The arbitration shall be conducted by a single arbitrator in Lagos, Nigeria, and the language of the arbitration shall be English.

The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. You agree that any arbitration under these Terms shall be conducted on an individual basis and not as a class action or other representative action.

13.4 Small Claims Court

Notwithstanding the foregoing, either party may bring an individual action in small claims court, provided that the action is brought and maintained on an individual basis and not as a class action.

13.5 Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND GLAMYAD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.

These Terms and your use of the Platform shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria, without regard to its conflict of law principles.

Glamyad complies with the Nigeria Data Protection Act (NDPA) 2023 and the Nigeria Data Protection Regulation (NDPR) 2019 with respect to the collection, use, storage, and processing of personal data. For more information, please refer to our Privacy Policy.

For users accessing the Platform from outside Nigeria, you acknowledge that your data may be transferred to, stored, and processed in Nigeria, where our servers are located and our central database is operated. By using the Platform, you consent to such transfer, storage, and processing.

15.1 Termination by You

You may terminate your account at any time by following the account deletion process within the Platform settings or by contacting us at support@glamyad.com. Upon termination, your right to use the Platform will immediately cease.

15.2 Termination by Glamyad

Glamyad may, at its sole discretion, suspend, restrict, or terminate your access to the Platform, with or without cause, and with or without notice, including but not limited to:

• Breach or violation of these Terms or any other policy or guideline.
• Requests by law enforcement or other government agencies.
• A discontinuation, material modification, or cessation of the Platform or any of its features.
• Technical issues, security concerns, or unexpected disruptions.
• Non-payment of any fees owed to Glamyad.
• Fraudulent, illegal, or harmful conduct.

15.3 Effect of Termination

Upon termination of your account:

• All outstanding balances and obligations incurred prior to termination remain your responsibility and must be paid in full.
• Glamyad may retain and use your data as described in our Privacy Policy, including for legal, regulatory, or legitimate business purposes.
• Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property rights, disclaimers, limitation of liability, indemnification, and dispute resolution.

Glamyad reserves the right, at its sole discretion, to modify, amend, or replace these Terms at any time. When we make material changes, we will provide notice through one or more of the following methods:

• Posting the updated Terms on the Platform with a revised "Last Updated" date.
• Sending an email notification to the email address associated with your account.
• Displaying a prominent notice on the Platform upon your next login.

Material changes will take effect no earlier than thirty (30) days after notice is provided, unless required by law or for legal or regulatory reasons, in which case changes may take effect immediately.

Your continued use of the Platform after the effective date of any revised Terms constitutes your acceptance of those changes. If you do not agree to the revised Terms, you must stop using the Platform and may terminate your account.

If any provision of these Terms is held by a court of competent jurisdiction or arbitral tribunal to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its original intent. If such provision cannot be so modified, it shall be severed and removed from these Terms without affecting the validity and enforceability of the remaining provisions.

The parties agree to negotiate in good faith a substitute provision that most closely reflects the original intent of the invalid or unenforceable provision.