These Terms of Service (“Terms”) are a binding legal agreement between you, a User of the Clexi Platform, and Clexi LLC that govern your right to use the websites, applications, and other offerings from Clexi LLC (collectively, the “Clexi” or “Clexi Platform”). When used in these Terms, “Clexi”, “we”, “us”, or “our” refers to the Clexi entity legally established as a Limited Liability Company in Pennsylvania with whom you are contracting. In these Terms, “you”, “your”, “User”, or “Users” refers to any User of the Clexi Platform.

By continuing to use the Clexi Platform, you agree to abide by these terms and conditions.

The Clexi Platform offers an online venue that enables users (“Users”) to publish, offer, search for, and book services. Users who publish and offer services are “Subscribers” and Users who search for, book, or use services are “Clients”. Subscribers offer in-home services (“Services”), to include a variety of beauty and non-beauty related services (collectively, “Subscriber Services”, and each Subscriber Service offering, a “Service Offering”). Both Subscribers and Clients must register an account to access and use many features of the Clexi Platform, and must keep their account information accurate. As the provider of the Clexi Platform, Clexi does not own, control, offer or manage any Service Offerings or Subscriber Services. Clexi is not a party to the contracts entered into directly between Subscribers and Clients, nor is Clexi a transaction broker, scheduling agency, or insurer. Clexi is not acting as an agent in any capacity for any User, except as specified in the Stripe terms of service when using Stripe as a 3rd party mechanism to process and receive payments, and which govern any payment services provided to Users by the Clexi payment entities (collectively “Clexi Payments”).

All Clexi Users, both Subscribers and Clients, are responsible for understanding and complying with all laws, rules, regulations and contracts with third parties that apply to their use of the Clexi Platform for your State and/or locality.

All Users agree to cooperate with Clexi. From time to time, Clexi may investigate any actual, alleged or potential violations of these terms of service. All Users agree to cooperate fully in any of these inquiries. Users waive any and all rights against Clexi, Clexi’s officers, directors, employees, agents, representatives and affiliates, and agree to hold them harmless in connection with any claims relating to any action taken by Clexi as part of our investigation.

Jurisdiction

The jurisdiction of all transactions and disputes is Pennsylvania, United States.

Refunds

Clexi does not guarantee work performance or quality by a Subscriber nor satisfaction of services by any Client. Subscribers and Clients are responsible for coordinating amongst each other any refunds that may arise out of a Service Offering that was scheduled using the Clexi Platform.

Disputes

Clexi provides assistance to Subscribers and Clients in the event of disputes that cannot be resolved between the Subscriber and Client. Clexi makes no guarantee of satisfactory resolution of any such disputes in favor of Subscribers or Clients. Clexi will work with both parties to find an amicable resolution to the extent that such an option exists and is within a reasonable application of resources. Subscribers or Clients requesting Clexi’s assistance in resolving disputes can contact Clexi at 703-93-CLEXI.

Cancellations

Subscribers to the Clexi Platform are responsible for establishing and enforcing policies related to modification of or cancellation of appointments between the Subscriber and their Clients. Such cancellation policy as may be created by an individual Subscriber represents a contract entered into directly between Subscribers and Clients and is therefore subject to enforcement and remediation solely by the Subscriber.

Transaction currency

All monetary values are displayed in US Dollars. All transactions take place in US Dollars.

Monetary Transactions and Security Capabilities and Policy for Transmission of Payment Card Details

Clexi uses the 3rd party payment platform, Stripe, the Stripe API, and in conjunction, your Stripe account, to process credit and debit card transactions. By using the Stripe Check Out you agree to be bound by Stripe’s Terms of Service.

All Users expressly understand and agree that Clexi shall not be liable for any payments and monetary transactions that occur through any User’s use of the Clexi Platform. Users expressly understand and agree that all payments and monetary transactions are handled by Stripe. Users agree that Clexi shall not be liable for any issues regarding financial and monetary transactions between the User and any other party, including Stripe.

All Users are responsible for all transactions (one-time, recurring, and refunds) processed through the Clexi Platform and/or Stripe. Clexi will act as a broker to process any refunds, but all refunds will occur through the User’s Stripe account. Clexi is not liable for loss or damage from errant or invalid transactions processed with any User’s Stripe account. This includes transactions that were not processed due to a network communication error, or any other reason. If a User processes a transaction, it is the User’s responsibility to verify that the transaction was successfully processed.

All Users understand that Clexi uses the Stripe API to run payment processing for the Clexi Platform and that the Stripe API is subject to change at any time and such changes may adversely affect the Clexi Platform. All Users understand and agree to not hold Clexi liable for any adverse effects that actions (whether intentional or unintentional) on the part of Stripe may cause to a User’s Stripe account, or a User’s business.

Users must not process stolen credit cards, or unauthorized credit cards through Stripe.

All transaction information passed between Clexi and Stripe’s systems is encrypted. No cardholder information is ever passed unencrypted. Users can be completely assured that nothing Clexi passes to Stripe’s servers can be examined, used or modified by any third parties attempting to gain access to sensitive information.

Payment cards will be charged no earlier than the day of a Client’s appointment.

Consumer Data Privacy

Clexi collects the name, phone number, physical address, and e-mail address of all Users of the Clexi Platform. All information is used in the following ways:

• Subscribers may see Client’s name and physical address.
• Subscriber’s physical address is used to plan the Subscriber’s route and to provide services at a Client’s location.
• Clexi may send notifications to a User’s phone number or e-mail address.
• Subscribers can see Client’s phone number and e-mail address in the Clexi Platform.
• Clexi shares a User’s name, physical address, phone number, and e-mail address with our payment processor.
• Clexi shares a User’s name, phone number, and e-mail address with third parties, carriers, and Internet service providers for the sole purpose of sending the User notifications about their appointments and transactions.
• Clexi does not sell or disclose User’s information to any other third party. Clexi does not share User’s information for marketing or promotional purposes.

Messaging & Notification Services

The Clexi Platform may send notifications to Users via e-mail and/or text messages (SMS messages). Notifications are transactional in nature, and may include but are not limited to notifications of:

• Appointment requests, confirmations, and/or cancellations;
• Unread messages in the app;
• Changes to the User’s account; and,
• Payment events.

Except for mandatory notifications, the User may select which notifications they receive by configuring their profile in the Clexi Platform. The User may select whether they receive notifications via e-mail, text messages, both, or neither by configuring their profile in the Clexi Platform. The User may also opt-out of text messages by texting “STOP” to the Clexi Platform’s 10DLC originating number. When the User opts-in to receiving text messages, or opts-out of receiving text messages, the Clexi Platform will send a confirmation message. The User may change their notification preferences at any time.

If you are experiencing issues with text message notifications, you can reply with the keyword HELP for more assistance, or you can get help directly at support@clexi.com.

Carriers are not liable for delayed or undelivered messages. Message and data rates may apply. The User may receive approximately 0 to 20 messages per day, depending on User’s notification settings, User’s use of the Clexi Platform, and other users that interact with User on the Clexi Platform. If you have any questions about your text plan or data plan, contact your wireless provider.

Account Termination

If a User fails, or if Clexi suspects that a user has failed, to comply with any of the provisions of these terms, Clexi may, at its sole discretion and possibly without prior notice to the User, restrict the User’s access to their account and Clexi’s services and/or terminate a User’s account with immediate effect.

Assumption of Risk

All users, both Subscribers and Clients, are responsible and liable for their own acts and omissions and are also responsible for the acts and omissions of anyone they invite to join or provide access to any Services. All Users acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, all Users assume the entire risk arising out of their access to and use of the Clexi Platform and any Content, including a User’s participation in any Service, use of any other Subscriber Service, or any other interaction you have with other Users whether in person or online. This means it is a Client’s responsibility to investigate a Subscriber’s Service to determine whether it is suitable for a Client. Similarly, it is a Subscriber’s responsibility to investigate a Client to determine whether the Client is a match for the Subscriber’s Service. For example, Subscriber Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Subscriber Services.

Indemnification

All Users agree to indemnify and hold harmless Clexi and any of its officers, directors, employees, agents, representatives and affiliates, and our third party providers and partners, from any claims, damages, losses, costs, reasonable attorneys’ fees or other expenses that arise directly or indirectly out of or from a User’s use of services or communications that are scheduled, convened, or otherwise effected by use of the Clexi software, or any information, content or materials contained, displayed or available therein, by the User or any other person accessing them under a User’s authorized access methods, their violation of the rights of any third party or their submissions, except in each case to the extent any of the foregoing arises directly out of our gross negligence or willful misconduct.