These Terms of Service ("Terms") govern access to and use of Maravoa, a salon management software platform operated by Marshall Abney, d/b/a Maravoa ("Maravoa," "we," "us," or "our"), including the website at maravoa.com, all subdomains (e.g., yoursalon.maravoa.com), and related mobile or web applications (collectively, the "Service").
By creating an account, subscribing to a plan, or otherwise using the Service, you ("Customer," "you," or "your") agree to be bound by these Terms. If you are using the Service on behalf of a business, you represent that you have authority to bind that business to these Terms.
Maravoa is a subscription software platform that helps independent beauty professionals and salon businesses manage appointments, client relationships, billing, and related business operations. The Service is offered in multiple subscription tiers (Stylist, Solo, Studio, Salon), each with different feature sets as described at maravoa.com/pricing or within the application.
You agree not to:
The Service integrates with third-party providers to deliver certain functionality, including but not limited to:
Use of the Service is also subject to the applicable terms of these third-party providers where relevant. Maravoa is not responsible for the acts or omissions of third-party providers.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
(a) Exclusion of Damages. IN NO EVENT SHALL MARAVOA OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR CONTRACTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR BUSINESS INTERRUPTION, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SOFTWARE OR SERVICES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
(b) Liability Cap. EXCEPT FOR LIABILITY ARISING FROM CUSTOMER'S PAYMENT OBLIGATIONS OR AS EXPRESSLY PROVIDED IN SUBSECTION (c), THE AGGREGATE LIABILITY OF MARAVOA, LICENSORS, SUPPLIERS, AND THEIR RESPECTIVE PERSONNEL ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE BY CUSTOMER TO PROVIDER UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IF THE CLAIM ARISES BEFORE ANY FEES HAVE BEEN PAID, PROVIDER'S AGGREGATE LIABILITY SHALL NOT EXCEED ONE THOUSAND DOLLARS ($1000.00).
(c) Excluded Claims. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL NOT APPLY TO: (i) CUSTOMER'S PAYMENT OBLIGATIONS; (ii) EITHER PARTY'S LIABILITY FOR ITS FRAUD OR WILLFUL MISCONDUCT; (iii) LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW; OR (iv) EITHER PARTY'S OBLIGATIONS UNDER THE CONFIDENTIALITY PROVISIONS OF THIS AGREEMENT TO THE EXTENT SUCH LIMITATION IS PROHIBITED BY APPLICABLE LAW.
(d) Independent Allocation of Risk. THE PARTIES ACKNOWLEDGE THAT THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES, HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE PRICING OF THE SOFTWARE AND SERVICES, AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY EXCLUSIVE OR LIMITED REMEDY.
Customer shall defend, indemnify, and hold harmless Maravoa and its affiliates, licensors, and their respective officers, directors, managers, members, employees, agents, successors, and assigns (collectively, the "Provider Indemnified Parties") from and against any and all claims, demands, actions, suits, proceedings, investigations, liabilities, damages, judgments, settlements, fines, penalties, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to: (a) Customer's or any Authorized User's breach of this Agreement; (b) Customer's or any Authorized User's use of the Service in violation of this Agreement, or any applicable federal, state, or local law, rule, or regulation; (c) any data, content, materials, or information submitted, uploaded, transmitted, or otherwise provided by or on behalf of Customer through the Software, including any allegation that such data or content infringes, misappropriates, or otherwise violates the intellectual property, privacy, publicity, or other rights of any third party or violates applicable law; (d) the negligent acts, omissions, willful misconduct, or fraud of Customer or any Authorized User.
The indemnification obligations set forth in this Section are in addition to, and not in lieu of, any other rights or remedies available to Provider at law, in equity, or under this Agreement.
This Agreement is governed by the laws of the State of Missouri without respect to any conflict of laws provisions. Any dispute between the parties shall be resolved exclusively in the Circuit Court of Johnson County, Missouri, and the parties agree to personal jurisdiction and venue in that forum.
We may update these Terms from time to time. Material changes will be communicated via email or in-app notice at least fourteen (14) days before taking effect. Continued use of the Service after changes take effect constitutes acceptance.
Questions about these Terms may be directed to [email protected].