Terms & Conditions

MasperMind owns and operates the MasperMind Operating System and all related products including mobile applications, websites, software, hardware and other products and services (“Software and Products”). This document, together with the contract which you entered with MasperMind, governs your relationship with MasperMind. Access to and use of the MasperMind Software and the products and services available for use by MasperMind clients are subject to the following terms, conditions and notices (the “Terms of Service”). By using MasperMind Software, you are agreeing to all the Terms of Service contained herein, as well as the updates which may be made to the Terms of Service periodically. Updates will be posted on the MasperMind website and sent to clients via email so as to provide notice of same; clients hereby agree to accept notice of such updates via email notification. By continuing to use MasperMind after said updates, the client agrees to be bound by the revised terms. These Terms of Service constitute a legal agreement between you, the current or prospective client of MasperMind, and MasperMind, and, govern your use of MasperMind’s Software and Products. If you, your agent, representative, employee or customer (“you”, “your” or any variation thereof) are using MasperMind’s Software and Products, you represent thereby that you have the legal authority to bind yourself to these terms, and that you accept these terms. If you authorize an individual or entity to use your account, you are assuming liability for their usage of MasperMind Software and Products. By using MasperMind Software and Products, you agree to these Terms of Service and all policies referenced herein, including terms that limit MasperMind’s liability and privacy terms, which are collectively incorporated herein by reference. 1. MasperMind Account Registration: You must register and open an account with MasperMind in order to use its Software and Products. The information you enter into the registration file must be accurate, complete and kept current. You are responsible for supplying complete and accurate information to MasperMind. All information is to be provided and input through MasperMind’s Software and Products, including but not limited to client information, staff member information, email addresses and contact information for all users. All activity occurring under your MasperMind account is fully your responsibility, even if such activity is taken by persons to whom you have granted access to your account. MasperMind reserves the right to change, suspend, or terminate the account of anyone who provides false, inaccurate or incomplete information, or who fails to comply with the account registration requirements. 2. E-sign consent: By signing this document electronically, you consent to electronic signature and accept the validity of same with the same legally binding force as if in ink and on paper. By signing this document electronically, you are expressly authorizing MasperMind’s right to communicate with you electronically, including via text, email, calls and push notifications. If you wish to withdraw your consent to receiving electronic communications, you must contact MasperMind support; MasperMind reserves the right to terminate any account that deems electronic communication and/or signature unacceptable 3. Use of MasperMind Software and Products: MasperMind provides payment solutions by enabling you to seamlessly execute financial transactions with any number of payment processor companies via MasperMind’s patent protected software; MasperMind, however is not responsible for the contractual relationship which ensues between you and the payment processor companies. Your usage of MasperMind Software and Products is a limited, temporary license to use MasperMind’s Software and Products, and does not denote ownership of any aspect of the MasperMind Software and Products. Your limited, temporary license is not assignable or transferable without the express, written permission of MasperMind. 4. Information disclaimer: The information, including, without limitation, any advice and recommendations, on the site isintendedsolelyas anaid to facilitate financial transactions. You understand and acknowledge that MasperMind, its agents, representatives and employees have no responsibility whatsoever for any consequence to you that may arise from and/or relate to, directly or indirectly, any action you take or refrain from taking based on the content, information, services or other material on the site. While MasperMind strives to keep the content on the siteaccurate, complete and up-todate, the company does not guarantee,and is not be responsible for, any damage or loss related to the accuracy, completeness or timeliness of the content on the site. 5. Disclaimer of Warranties with Respect to the Use of the Site: The site, and the content provided therein, is provided on an “as is” and “as available” basis. Except as specifically provided herein, to the fullest extent permissible pursuant to applicable law, MasperMind expressly disclaims all warranties of any kind, whether express or implied, including, without limitation, any warranties of merchantability, fitness for a particular purpose and non-infringement. MasperMind does not make anywarranty that thissite willmeet your requirements or that access to this site will be uninterrupted, timely, secure or errorfree, or that defects, if any, will be corrected. MasperMind makes no warranties as to the resultsthat may be obtained from the use of the site or as to the accuracy, quality or reliability of any content or other information obtained through this site. You understand and acknowledge that any content, material and/or data downloaded or otherwise obtained through the use of the site is used at your own risk and that you are solely responsible for any damage to your computer system and/or network or for any loss of data that may result from the download of such content, material and/or data.No advice or information, whether oral or written, obtained by you from the company or through the site shall create any implied warranty. 6. No liability for underlying transactions: By signing the Terms of Service, you acknowledge and agree that the contractual relationship generated by the financial transactions and responsibilities associated with your use of MasperMind Software and Products exists solely between you and the payment processor companies which you have selected; you further acknowledge and agree that MasperMind has no liability for said financial transactions and responsibilities and that you indemnify, and you hold MasperMind harmless from any and all legal claims arising from said financial transactions. 7. MasperMind is not responsible for issues originating by the Payment Processor Companies: By signing the Terms of Service, you acknowledge that you do not currently, and will not in the future, hold MasperMind responsible or attempt to hold MasperMind responsible for problems, issues or difficulties stemming from the payment processor companies, including but not limited to: payment processor companies customer service and availability, payment processor companies technical support, the approval, rejection, or suspension of your account with the payment processor companies, charges and rates applied to your account by the payment processor companies, disputes with the payment processor companies, fraud, suspected improper handling of your account by the payment processor companies, hacking and/or payment method information fraud and theft from each and every payment source, such as and including but not limited to: credit cards, PayPal, apple pay, google pay, etc. You acknowledge that MasperMind is not responsible for issues with the payment processor companies including but not limited to the payment processor companies’ customer service availability, technical issues that originate from the payment processor companies, the payment processor companies decision to approve, reject or suspend your account with them, the payment processor companies’ rates, disputes with the payment processor companies, and/or fraud, identity theft and/or hacking stemming from your use of the payment processor companies. You acknowledge that MasperMind’s role in your transaction with the payment processor companies is solely and exclusively limited to facilitating the transaction and nothing more. You further acknowledge that should you become aware of any security breach resulting from your transaction(s) with the payment processor companies, you are responsible for immediately advising MasperMind of said breach so as to enable MasperMind to take action, and that the failure to timely advise MasperMind of such a breach may have consequences which will not be attributable to any action or inaction on the part of MasperMind. 8. Unauthorized and illegal actions: Neither you, nor any person or agent on your behalf may utilize MasperMind Software and Products to engage in unauthorized and/or illegal actions, including but not limited to the following: actions that violate United States Federal and/or applicable State laws, regulations, codes and or restrictions; engage in any action which would interfere with the proper and authorized functioning of MasperMind Software and Products, engage in any actions which constitute hacking, i.e. improperly entering the administrative functions of MasperMind Software, access, reproduce alter, modify, display republish, upload, post, transmit, and/or distribute any material and/or information on MasperMind system to which your business does not have express, written authority to view (including but not limited to MasperMind IP rights and/or information/content of any business other than your own); transfer the rights granted to you in this agreement to any third party; use MasperMind Software and Products for any illegal activity or to purchase illegal goods; use MasperMind Software and Products for the purchase/sale of anything other than hair care products and services. If MasperMind becomes aware or has reason to believe that your account has been used for an unauthorized, illegal or criminal purpose, you expressly authorize MasperMind to share related information with law enforcement, including information relative to you, your account and your transaction history. 9. Intellectual Property Infringement: You agree to utilize MasperMind Software and Products only for the specific purpose authorized by your agreement with MasperMind; you further agree not to infringe upon MasperMind’s IP rights, logos, technical specifications, product performance and design, website, user interface, logos, trademarks, advertising, promotional and sales material. If you suspect that such infringement has occurred, whether intentionally or unintentionally, you will immediately report it to MasperMind. 10. Privacy: Information provided by you throughout your business relationship with MasperMind, whether in opening a MasperMind account, or in utilizing MasperMind Software and Products, whether pertaining to client information, staffing and employee information, vendor information, email addresses, phone numbers, physical addresses and names, is used by MasperMind for various purposes, including but not limited to: enhancement of product performance, software, and solutions, to authenticate your identity and enable use of the product, to facilitate financial transactions, to determine the location of your access point, to track your system preferences, to monitor transactions, to improve and develop products and services, for quality control, to analyze trends and usage, to comply with applicable laws, regulations and industry standards, to assist you in optimizing usage of the product, to prevent and address security breaches, for other reasons that MasperMind may use it. We keep your information as long as necessary to provide you with the services for which you are contracted, or as long as required by law. 11. Subscription Charges and Payment: The Customer shall pay Monthly Subscription Fees to MasperMind for the User Subscriptions for MasperMind software services and solution. a. The Customer shall pay the Subscription Fees to MasperMind for the User Subscriptions Monthly in advance, payable on the same day of each month of the Initial Subscription Term (i.e. if the Initial Subscription Term started on 5th January the Subscription fees would be due on the 5th of each month thereafter). Where the payment date cannot be the same day of a month it shall be the nearest day before (i.e. if the payment date is 31st of March then the next payment would be due on 30th April). b. The Customer shall pay the Subscription Fees by debit or credit card through MasperMind Website and/or Application. Monthly subscription payment will automatically renew each month. MasperMind uses the third party payment processor to process card payments. MasperMind does not store or process any card details on its own servers. Third party payment processor will process the Subscription Fees and will use those same card details to automatically take payment for any Subscription Fees in respect of each Renewal Period. c. All amounts and fees stated or referred to in this agreement: i. shall be payable in United States Dollars; ii. are, non-cancellable and non-refundable; iii. are exclusive of any applicable taxes (such as value added tax), which shall be added to the Supplier’s invoice(s) at the appropriate rate. d. The customer may cancel subscription at any time, if you cancel your monthly subscription, the cancelation will take effect your next billing cycle, the customer will not be eligible for a refund for monthly subscription fees paid prior to the month the cancellation takes effect. e. MasperMind shall be entitled to increase the Subscription Fees at the start of each Renewal Period upon 30 days’ prior notice to the Customer. e. MasperMind shall be entitled to increase the Subscription Fees at the start of each Renewal Period upon 30 days’ prior notice to the Customer. 12. Credit Card and Debit Card Transaction Fees: You agree to pay the fees and costs associated with the use of MasperMind, as outlined in the governing contract with which you entered the business relationship with MasperMind. The failure to satisfy your financial obligations to MasperMind in this regard will result in termination of your rights in using MasperMind Software and Products, inter alia. Fees and interest rates which may accrue as a result of the underlying transaction are within the discretion of the payment processor company and are not controlled, dictated or determined by MasperMind. The agreement to pay payment processor company fees and interest rates is in your discretion and has no bearing on the use of MasperMind Software and Products. 13. Termination: MasperMind reserves the right to terminate these Terms of Service, add additional terms and/or terminate, suspend or interrupt your service at any time for any reasonable reason, to be followed by notification of such termination. You may terminate your service at any time for any reason. 14. Resolution of Disputes: By agreeing to these Terms of Service, you agree that any and all claims arising out of your use of MasperMind Software and Products will be resolved by binding arbitration or in small claims court. You agree that jurisdiction of all disputes and claims will be in the State of Florida. You agree that any claim is limited to actual verifiable damages and no claim will be made for special, punitive, treble, incidental or consequential damages. You agree to indemnify and hold harmless MasperMind, its officers, agents, representatives and employees for any violation of laws, breach of this agreement by you and/or any third party including your authorized users of MasperMind Software and Products, and any unauthorized, illegal and/or immoral actions taken while utilizing MasperMind Software and Products. 15. Enforcement of Rights: MasperMind may or may not choose to enforce its rights under the Terms of Service; however the failure or omission to enforce any particular right under the Terms of Service is not a bar to MasperMind’s enforcement of other rights under the Terms of Service and will not be deemed a waiver of any right to which MasperMind is entitled by law or by the terms of this Agreement. 16. Limitation of Liability: You expressly understand and agree that undernocircumstanceswill MasperMind or its affiliates, its suppliers or agents be liable for direct, indirect,special, incidental, exemplary or consequential damages, any loss of use, loss of profits, loss of data, loss of goodwill, cost of procurement of substitute services, howsoever caused, and on any theory of liability, whether for breach of contract, tort (including negligence and strict liability) or otherwise resulting from (1) the use of, or the inability to use MasperMind Software and Products; or (2) the cost of procurement of substitute services, items or web sites. Moreover, you understand that yoursole remedy against MasperMind for dissatisfaction with MasperMind Software and Products or any content is to stop using MasperMind Software and Products. This limitation of relief is an integral condition of our agreement to allow you to make use of MasperMind Software and Products, and without which the Software and Products would be unavailable to you. 17. Indemnification: You will indemnify and hold MasperMind, its managers, members, officers, employees, agents, co-branders, suppliers, subsidiaries, parents, and affiliates, harmless from and against any and all liability, losses, claims, demands, disputes, damages and costs of any kind, including without limitation, reasonable attorneys’ fees and costs of litigation arising from, related to and resulting from or in any way connected with (i) your use of MasperMind Software and Products; (ii) information you submit or transmit through the Site; (iii) your breach of these Terms of Use; (iv) the violation by you of the rights of any third party; and/or (v) your connection to the Site. 18. Submissions: It is MasperMind policy to decline unsolicited suggestions and ideas. Notwithstanding the foregoing, any inquiries, feedback, suggestions, ideas or other informatio n you provide to MasperMind (collectively, “Submissions”)willbe treatedas nonproprietary and nonconfidential.To the extentthat you post, upload or otherwise transmit any Submissionsto the Company and/or the Site, by such submission you will be deemed to hav e granted MasperMind full ownership of the Submission as if we had created, developed and posted the Submission for our own purposes. MasperMind reserves the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign any Submission in any way as we see fit, including but not limited to copying it in whole or in part, creating derivative works therefrom, distributing and displaying any such Submission in any form, media or technology, whether now known or hereafter developed, alone or as part of other works or using any such Submission within or in connection with MasperMind’s Software and Products. You also acknowledge that your Submission will not be returned by us and we may use your Submission, and any ideas, concepts or know how contained therein, without payment to you of money or any other form of consideration, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. If you make a Submission, then it will be conclusively presumed, and you will be deemed to have represented and warranted, that you are the owner of or otherwise control the rights to your Submission. If you make a Submission, it will be conclusively presumed, and you wil l be deemed to represent and warrant, that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You understand that you may not use false email address, impersonate any person or entity or otherwise mislead or attempt to mislead us as to the origin of any Submission. You agree to indemnify MasperMind for all claims arising from or in connection with any claims made as to rights in any Submission made by you or any damages arising from any Submission made by you.