Terms of Use

GlowyBook provides these Services (as defined below) and Terms of Use.

IF YOU DO NOT AGREE WITH THESE TERMS OF USE, DO NOT USE THE SERVICES! THIS AGREEMENT INCLUDES AN ARBITRATION PROVISION AND A CLASS ACTION WAIVER.
Part I – Definitions and Agreement to be Bound
1.1 Definitions:

- "Booking Services" refer to the appointment-scheduling services offered through the GlowyBook Application.
- "GlowyBook Application" refers to any mobile, web, or voice software application related to our Services, available through platforms like iTunes, Google Play, Amazon Alexa, and Google Home.
- "GlowyBook Site" refers to the website http://www.glowybook.com and all affiliated websites owned and operated by GlowyBook and its subsidiaries.
- "Commercial Content" refers to content that advertises or promotes commercial products or services.
- "Customer" refers to any person or entity using the GlowyBook Application, GlowyBook Site, or a Third-Party Platform to schedule or manage appointments, browse related content and services, or pay for services, whether registered directly or added by an SMB.
- "Dispute" means any claim, conflict, controversy, or disagreement between the Parties related to these Terms, including actions in tort, contract, or equity, and any issues regarding the interpretation or enforcement of these Terms.
- "Material Breach" refers to any significant breach of these Terms that would lead a reasonable person to terminate the agreement immediately.
- "Services" collectively refers to all services provided by us, including the GlowyBook Site, GlowyBook Application, Payment Services, and any other features offered through these platforms.
- "SMB" refers to a small or medium business using the Services to manage appointments and interactions with Customers.
- "Terms," "Terms of Use," and/or "Agreement" refer to these terms as outlined here.
- "Us," "we," "our," and/or "GlowyBook" refer to GlowyBook Inc., its agents, employees, and subsidiaries in the United States for customers in North and South America. The entity you consent to through your use of the Services depends on your residence and service location.
- "You," and/or "User" refer to any user of the Services, whether an SMB or Customer.

1.2 Agreement to be Bound:

The following Terms of Use, along with relevant information provided through the Services, including any features and available services, are subject to these Terms of Use. Please read them carefully. Using the Services, whether directly through us or via a Third-Party Platform, constitutes your agreement to be bound by these Terms. By accessing or using the Services, or by clicking "accept" or "agree" to this Agreement, you confirm that (1) you are at least 18 years old (21 in some jurisdictions), (2) you are legally allowed to use the Services, (3) you have read, understood, and agree to these Terms, and (4) you have the authority to register an SMB and act on its behalf.

These Terms of Use are subject to our Privacy Policy, which also governs your use of the Services. Our Privacy Policy can be found here: [GlowyBook Privacy Policy](https://glowybook.com/policy.html). Additionally, each SMB and Third-Party Platform will have its own Terms of Use that govern all transactions with Customers/SMBs.

The Parties agree that each SMB, Customer, Third-Party Platform, and our subsidiaries, parents, and affiliates are third-party beneficiaries of these Terms of Use and can enforce any provision that benefits them. No other parties are third-party beneficiaries to these Terms of Use.
Part II – General Provisions
2.1 About Us; GlowyBook Not Vendor; No Endorsement
GlowyBook functions as a software service for booking, managing, viewing, and canceling appointments. The platform and related applications also let users browse, view, and review health, wellness, and beauty service providers. GlowyBook does not control:
1. The quality, safety, morality, or legality of any Services offered by SMBs.
2. The truth or accuracy of SMB listings or directory information.
3. The accuracy of SMB appointment calendars.
4. The ability of SMBs to provide booked Services.
5. The identity of any SMB or Customer.
6. The ability of Customers to pay for Services.

We cannot guarantee that SMBs or Customers will complete transactions. Any reliance on the information provided through the Services is at your own risk. We are not liable for any consumer disputes.

You acknowledge that GlowyBook does not sell or purchase, offer to sell or purchase, or solicit offers. All transactions are between Customers and SMBs. No Customer/Merchant relationship exists between you and GlowyBook unless explicitly stated. Any solicitations or communications are void where prohibited by law.

2.2 Accuracy, Completeness, and Timeliness of Information
We are not responsible for the accuracy, completeness, or timeliness of information on the Services, including corporate information of SMBs, calendar availability, and bookings.

2.3 Errors in the Services
If you encounter an error, contact us at support@glowybook.com. We do not guarantee that errors will be corrected.

2.4 Modifications and Changes to Terms of Use
GlowyBook may update or revise this Agreement and any Policies at its discretion. Notices of changes will be posted on the Services or emailed to registered users. You agree to review this Agreement periodically. Acceptance of any modified version is required to continue using the Services. If you do not agree, your only recourse is to stop using the Services, resulting in loss of access to your Account or SMB Account. Use of the Services is subject to the version of this Agreement in effect at the time.

2.5 Modifications and Changes to the Services
We may modify, add, suspend, or delete any aspect of the Services at our discretion. Changes are effective immediately. If you do not agree with these modifications, your sole recourse is to stop using the Services. Use of the Services is subject to the version of this Agreement in effect at the time.

2.6 Access to Website or Services
We strive to make the Services available 24/7, except for planned maintenance, but do not guarantee constant availability.

Access requires internet through a computer, mobile device, tablet, or other device. You are responsible for mobile carrier charges. GlowyBook does not guarantee compatibility with all devices or mobile carriers. JavaScript or similar technologies may be required for certain features, and some features may be inaccessible without it.

2.7 Right of Refusal, Limitation, Discontinuation, and Termination
We reserve the right to refuse access to the Services for any reason at any time. We may limit or cancel an Account or SMB Account for any reason. If we make changes or cancel an Account, we may try to notify you via the contact information provided. Failure to notify does not result in liability, including for lost data.

2.8 Prohibited Uses of the Services
You agree not to use the Services for:
- Unlawful purposes.
- Soliciting others to perform unlawful acts.
- Violating any regulations, laws, or ordinances.
- Infringing on our or others' intellectual property rights.
- Harassing, abusing, or discriminating against others.
- Submitting false or misleading information.
- Uploading viruses or malicious code.
- Collecting or tracking personal information of others.
- Spamming or phishing.
- Obscene or immoral purposes.
- Interfering with security features.
- Overloading the Services.
- Renting, leasing, or sublicensing the Services.
- Reverse engineering the Services.
- Modifying or creating derivative works.
- Removing proprietary notices.
- Publicly disseminating performance information or using for competitive analysis.

We reserve the right to terminate your use of the Services for any prohibited use.

2.9 Communications Systems and Authorization to Contact You; Pop-out Information; Recording Calls; Analyzing Your Messages and other Content
The GlowyBook Application may use GPS to identify your location. By providing a mobile number and consenting, you agree to receive SMS, calls, emails, push notifications, and in-app communications with Commercial Content from GlowyBook. You may be charged per your carrier contract. By providing contact information, you allow GlowyBook to communicate via voice assistants like Siri, Alexa, and Google Home.

GlowyBook may use autodialed or prerecorded calls and texts for:
1. Account notifications.
2. Troubleshooting.
3. Dispute resolution.
4. Surveys or questionnaires.
5. Marketing purposes.

You can change communication preferences or unsubscribe by following specified methods.

GlowyBook may monitor or record calls for quality, training, or protection purposes. Automated systems scan messages to detect fraud or violations of the User Agreement.

Personal information provided will be processed according to our Privacy Policy.

2.10 Privacy of Others; Marketing
If provided with another User's information, you must use it only for the intended purpose. Do not disclose, sell, rent, or distribute User information without consent. Marketing to Users requires their consent.

2.11 Government End Users
The Services are “commercial items” as defined in 48 C.F.R. 2.101. U.S. Government end users acquire GlowyBook Applications with rights set forth therein. Consult with legal departments to ensure compliance with regulations.

2.12 Export Control
Do not use or export GlowyBook Applications or devices in violation of U.S. and foreign export laws. You confirm you are not in a U.S. Government embargoed country or on any prohibited list.

2.13 Fraudulent Actions of Users
GlowyBook is not liable for losses from chargebacks, fraudulent charges, or other deceptive actions by Users. By using the Services, you release GlowyBook from liability for such actions. Notify us promptly of any fraudulent activity. We may terminate accounts engaged in fraudulent actions.
Part III – Customer Accounts
3.1 Online Accounts
Customers can register through online, mobile, voice-activated, or offline forms to create a Customer account (“Account”), allowing them to receive information and participate in certain Service features. Information provided during registration will be used per our Privacy Policy. By registering, you confirm that your provided information is current, complete, and accurate, and you agree to update it as needed. You may need to choose a password during registration, which we will use to identify you. You are responsible for all activities under your Account, authorized or not, and must ensure compliance with these Terms of Use. You can cancel your Account by contacting support@glowybook.com.

3.2 Transfer Prohibited
You are prohibited from selling, trading, or transferring your Account to anyone else.

3.3 Account Guidelines
The Services include interactive features (“Interactive Areas”) where Users and third parties can communicate. By participating, you agree to:

- Not upload or share libelous, defamatory, obscene, abusive, or illegal content.
- Avoid threatening or abusing others, using defamatory language, or disrupting discussions.
- Refrain from discriminatory language based on race, religion, gender, sexual preference, age, etc.
- Avoid personal attacks on other Users.
- Not use Interactive Areas for soliciting funds, advertising, or marketing goods/services outside the intended scope.
- Not post content that violates laws or could lead to criminal/civil liability.
- Avoid posting spam or unauthorized commercial communications.
- Not share content advocating illegal activities or intent to commit them.
- Ensure content is relevant to the topic of the Interactive Area.
- Not impersonate others or misrepresent affiliations.
- Respect other Users’ privacy and not collect personal information or post private details.
- Not engage in unlawful multi-level marketing schemes.
- Avoid posting content containing viruses or harmful components.
- Not interfere with the Services, Interactive Areas, or networks connected to them.
- Not facilitate violations of these Terms or GlowyBook policies.
- Avoid posting links or information about competitors of GlowyBook.

Your profiles may be edited or removed by us, and you waive rights to object to changes.

3.4 Rights in Submissions
By posting content (“Submissions”) to Interactive Areas, you grant us and our affiliates a limited, non-exclusive, worldwide, royalty-free license to use, modify, display, and distribute the Submissions. You represent that you own or have the right to use the Submissions, and that their use does not violate any third-party rights.

3.5 Right to Monitor
We may monitor your Account at our discretion.

3.6 Verification of Users
Users may need to verify their mobile phone numbers or email addresses. Users who wish to participate in the service may also be asked to verify their identity, especially in the case of payment services. This may include, but is not limited to, providing proof of identity (e.g. through a passport or other photo identification) and residence (e.g. through a current utility bill). Verification processes do not imply GlowyBook’s liability for confirming Users’ identities.

3.7 Account Settings
You can set and modify default settings for Payment Services through the GlowyBook Application.

3.8 Use of the Booking Services via Third-Party Platforms
Our Services may be accessed through third-party platforms. We may contact you via email or phone provided to such platforms unless you opt-out by contacting us at support@glowybook.com.

3.9 Customer Reviews of SMBs
Other than complying with all review requirements that the Federal Trade Commission (" FTC ") may establish, customers can leave reviews (“Reviews”) for SMBs after booking services through GlowyBook, following these rules:

- We are not responsible for Review content.
- Reviews are allowed only for completed appointments. SMBs can request removal if marked as no-show within 24 hours.
- Reviews must be based on personal experience and not contain false, defamatory, or illegal content.
- We may remove reviews if a user violates, but is not limited to, these Terms. However, we do not mediate disputes between SMBs and Customers.
- Review removal is irreversible.
- Customers can share opinions about SMB services, and requests to block or delete Reviews will be considered only if they violate these Terms.

Verified Reviews are marked with ‘Verified User by GlowyBook’ and ensure the reviewer used the SMB’s services. Non-verified Reviews do not guarantee service use.
Part IV – Terms of Sale for Booking Services and Payment Services.
4.1. Appointment Booking.
GlowyBook provides the Booking Services to Users for the purpose of assisting Customers in discovering and booking appointments with a variety of participating SMBs and of assisting SMBs in more efficiently managing their calendars and increasing their customer base. In response to a Customer’s online request for an SMB appointment through the GlowyBook Site or GlowyBook Application, GlowyBook directly contacts the SMB’s computerized database of appointments. The availability of appointments is determined at the time of User’s query and is provided by the SMB. Users understand and agree that GlowyBook does not independently verify the availability of any SMB and cannot be held liable for errors in an SMB’s calendar, such as double-booking or bookings that are not honored by the SMB. Once an appointment is made by a Customer through the GlowyBook Site or GlowyBook Application, GlowyBook will provide confirmation of the appointment to both the Customer and SMB by email to the email address provided by said User upon registration. By using the Booking Services, Users agree to receive appointment confirmations and reminders by email, SMS, push notifications, and/or any chatbot-related or voice-assisted technology with which GlowyBook may engage. GlowyBook shall not be held liable in the event an appointment confirmation or reminder is not sent to or received by a User.

4.2. Appointment No-Show & Cancellation Policy.
GlowyBook is committed to providing quality services to Customers and SMBs. To assist us in maintaining a consistently high level of service for SMBs and their patrons, Customers must make every reasonable effort to cancel any appointments that they will be unable to honor as soon in advance of the appointment as possible. You may cancel your appointment via the GlowyBook Site or GlowyBook Application. Appointments should not be canceled by calling the SMB directly. Some SMBs may require a debit or credit card number to finalize your appointment booking and place a hold on the SMB’s calendar. In order to use the Booking Services for these SMBs, you must provide valid debit or credit card information, and a specific amount could be blocked or prepaid, and you may be required to cancel your appointment in accordance with the SMB’s stated cancellation policy, which will be disclosed at the time the appointment is made. SMBs use this debit or credit card information as described in their privacy policies, and SMBs shall have no liability for any charges made to the debit or credit card account for any failure to cancel your appointment in accordance with an SMB's cancellation policy.

Be advised: you may be charged a cancellation fee indicated during the booking process or lose the amount blocked or paid if you arrange a Booking Service but cancel late or no-show, thus committing a breach of a stated cancellation policy of the SMB. In case it is not otherwise specified, the refund of any amount blocked or pre-paid rests solely with the SMB. GlowyBook shall have no liability for refunding such amounts to the Customers, nor is GlowyBook responsible for verifying whether the Customer has provided valid debit or credit card information or has sufficient funds in the Customer’s bank account to complete a transaction.

Customers who cancel or fail to show up for multiple bookings may have their Accounts terminated, at the sole discretion of GlowyBook, in the event that such account activity is detrimental to orderly Booking Services with SMBs and members of the GlowyBook community.

GlowyBook has the maximum amount of no-show fee that could be charged: 300 USD per transaction, 1000 USD per month, or 3000 USD per 6 months. If one of these three thresholds is exceeded, no additional no-show fee will be charged.

4.3. Usage Guidelines.
Users agree to use the Booking Services only to book appointments at SMBs and then honor those appointments by arriving at SMBs on time and paying for the services booked and provided. Resale or attempted resale of appointments is prohibited and is grounds for, among other things, cancellation of your appointments or termination of your access to the Services.

4.4. GlowyBook Payment Services, Generally.
GlowyBook facilitates the Booking Services; however, all payments for services are handled directly between Customers and SMBs. SMBs, as sellers, will collect payments directly from Customers. GlowyBook is not involved in the payment process, and Customers may be unaware of the GlowyBook platform during transactions. SMBs will appear on receipts issued to Customers, and SMBs are responsible for handling any refunds and disputes directly with Customers. Stripe, Inc. processes these payments and will be liable in situations where SMBs cannot pay back negative balances.

Certain actions like refunds and chargebacks result in negative transactions within a Stripe account. Stripe manages these negative transactions to maintain a positive balance in the associated accounts:

1. Whenever possible, Stripe automatically offsets negative transactions with future payments.
2. Negative transactions are initially assigned to the account where the original charge occurred. For instance, if a charge is made on a connected account, any refund or chargeback will also affect that connected account. Similarly, if the charge is made on your platform, the refund or chargeback will impact your platform account.
3. If these steps are not sufficient and a connected account balance turns negative, the responsibility to address the negative balance varies by account type:
- Standard connected accounts must always cover their own negative balances.
- For Express and Custom accounts, the platform is responsible for covering any negative balances.
4. When an account has a negative balance, payouts to its bank or debit card are halted. Stripe will resume payouts once the account's balance is positive again.

4.5. Sale Prices.
The prices and the terms of payment for SMB services are displayed at the time of booking via the GlowyBook Application; however, SMBs may modify or change these fees at any time, at their sole discretion. The GlowyBook Site and GlowyBook Application support both included and excluded tax systems. In the former, the prices presented are the final prices including all sales taxes, and in the latter, such taxes will be added to the final price after the service is rendered. The decision as to which system should be used is up to the SMB.

4.6. Payment Card Information.
In order to use the Payment Services, Customers must provide account information for at least one valid debit or credit card through the SMB’s preferred payment method, facilitated by Stripe, Inc. SMBs use this account information as described in their privacy policies. Customers may add, delete, and edit the debit or credit card account information they have provided through the SMB’s payment system. If Customers provide account information for more than one valid debit or credit card, they must select which debit or credit card they want to use to pay their bill.

To confirm that the payment card information provided by the Customer is accurate, a temporary $1.00 authorization hold may be placed on the debit or credit card at the time of providing payment card information. After verifying the payment card information is accurate, usually within a few days, the $1.00 hold will be removed. In no event will the payment card actually be charged for this $1.00 authorization.

To the extent permitted by applicable law and subject to their privacy policies, SMBs may use certain third-party vendors and service providers (such as payment processor providers) to process payments and manage debit and credit card information.

By providing debit or credit card account information through the SMB’s payment system, Customers represent, warrant, and covenant that: (1) they are legally authorized to provide such information; (2) they are legally authorized to perform payments from the debit or credit card account(s); and (3) such action does not violate the terms and conditions applicable to their use of such debit or credit card account(s) or applicable law. When Customers authorize a payment using a debit or credit card account via the SMB’s payment system, they represent, warrant, and covenant that there are sufficient funds or credit available to complete a payment using the debit or credit card account. By using the Booking Services, Customers acknowledge and accept the binding agreement to bear full financial responsibility for all Booking Services scheduled using GlowyBook or information contained on GlowyBook.

4.7. Payment Authorization and Settlement.
When Customers indicate through the SMB’s payment system that they intend to pay their bill using the Payment Services or use their payment card or digital wallet with a Tap to Pay-enabled device, they authorize the SMB or the payment service provider to charge their debit or credit card for the full amount of the services to be rendered and any cancellation fees that may be incurred at any time prior to or after the appointment time and date. Customers are responsible for timely payment of all amounts owed by them to SMBs.

4.8. Receipts and Transaction History.
All the receipts for the transactions connected with the Payment Services are provided by the SMBs. If Customers would like an emailed version or a paper receipt, they must request one from the SMB at the time of the transaction or service.

4.9. Incomplete Payments.
GlowyBook is not liable for any payments that the Payment Services do not complete because: (1) the debit or credit card account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit or overdraft protection of the debit or credit card account; (2) incorrect payment account information has been provided; (3) the debit or credit card has expired; (4) circumstances beyond our control (such as, but not limited to, power outages, interruptions of cellular service, or any other interference from an outside force) prevent the execution of the transaction; or (5) any risk concerns are detected. To the extent that any amounts owed cannot be collected from the debit or credit card account through the Payment Services, Customers are solely responsible for paying the applicable SMB(s) by other means, such as cash, as required for the full value of the services scheduled and/or delivered.

4.10. SMB Rankings in Search Results.
GlowyBook may display SMBs in search results based on various factors, including but not limited to the relevance of the SMB’s services to the User’s search query, the User’s location, and the User’s past interactions with SMBs on the GlowyBook platform. GlowyBook may also display sponsored listings or advertisements from SMBs that have paid for increased visibility in search results.

SMB rankings and placement in search results are determined by GlowyBook’s proprietary algorithms and may change over time based on changes to these algorithms or other factors. GlowyBook does not guarantee the accuracy, completeness, or reliability of SMB rankings or search results and disclaims any liability for errors, omissions, or inaccuracies in SMB listings or search results.

Users may provide feedback or report inaccuracies in SMB listings or search results by contacting GlowyBook customer support. GlowyBook reserves the right to investigate and address any reported issues in its sole discretion.

4.11. Geographic Availability
SMBs offering goods or services through GlowyBook should ensure compliance with local regulations and restrictions regarding the sale and delivery of their products or services. GlowyBook does not guarantee the availability of its services in all geographic locations and may restrict access to certain features or services based on the User's location. Users should check the availability of GlowyBook services in their area before using the platform.

4.12. Restrictions on Use
Users are prohibited from using GlowyBook for any illegal, fraudulent, or unauthorized purposes. Users must comply with all applicable laws, regulations, and policies when using GlowyBook, including but not limited to laws governing consumer protection, privacy, intellectual property, and financial transactions. GlowyBook reserves the right to suspend or terminate User accounts found to be in violation of these terms.

4.13. Complaints
Users may report any issues or complaints of the platform to GlowyBook customer support. GlowyBook will investigate and address complaints in accordance with its policies and procedures and may take appropriate action to resolve the issue, including providing refunds or compensation where necessary.
Part V – SMB Terms of Use
In addition to the other terms contained in these Terms of Use, the following SMB Terms of Use shall be applicable to all SMBs.

5.1. Unauthorized Business & Content.
The GlowyBook Application and the GlowyBook Site must not be used by SMBs to publish, distribute, offer, sell, or enable us to do so on their behalf, any content, products, or services related directly or indirectly to the following unauthorized business or content ("Unauthorized Business" and "Unauthorized Content"):

1. Illegal activities or those contrary to good morals or social principles.
2. Drugs, tobacco, alcohol, stimulants, and tools for their production.
3. Pornographic, sexual, sexually suggestive content or services, including escort or tantra services.
4. Adult entertainment and age-restricted products via internet/mail order/telephone order.
5. Sales of firearms, ammunition, weapons, and devices designed to cause injury.
6. Betting, gambling, casinos, and lottery tickets.
7. Insurance, financial merchandise, money transfers, financial advisory services, pyramid selling, or multi-level marketing.
8. Counterfeit goods or items infringing third-party intellectual property rights.
9. Pharmacies, pharmacy referral services, and highly-regulated industries.
10. Hate speech, harmful content, or content supporting discrimination, violence, or terrorism.

Violations may result in corrective actions by GlowyBook, including blocking or deleting unauthorized content, temporarily or permanently blocking features or services, or terminating SMB accounts. Charges accrued before corrective actions remain payable.

5.2. SMB Accounts, Generally.
To use GlowyBook services, SMBs must create an account and agree to comply with the Terms of Use and Privacy Policy, providing users with booked services accordingly. Accurate and current data must be provided during registration. The payment processor may reject an SMB account based on internal due diligence procedures. SMBs are responsible for maintaining account confidentiality and notifying GlowyBook of unauthorized use.

5.3. Registration, Service Fees.
The registration of an SMB Account may or may not require a fee, depending on the SMB's business location or the type of services offered. You may need to pay a registration fee ("Registration Fee"), the amount of which varies based on your SMB's type and location. GlowyBook reserves the right to modify, at its discretion, the regions or types of SMBs eligible for a reduced or waived Registration Fee.

Registration Fees must be paid through the accepted payment methods specified at registration or communicated by us. Besides the Registration Fee, you agree to pay a recurring fee, either monthly or semi-annually, as determined by your arrangement with GlowyBook, for placing your offers via Services and maintaining the SMB account ("SMB Subscription Fee"). The first SMB Subscription Fee is due at registration along with the Registration Fee, if applicable. GlowyBook may, at its discretion, waive or reduce the SMB Subscription Fee for a specified period, such as during a free trial. After this period, you will receive an offer detailing the SMB Subscription Fee, which will be charged if you accept the terms. GlowyBook reserves the right to block or delete SMB accounts that do not pay the required fees. Automatic renewal will be in 30 days time. To avoid charges, SMBs have to cancel subscriptions up to 48 hours before renewal date. The subscription fee already charged will not be refunded.

You must provide accurate and up-to-date information about the number of staff assigned to your SMB Account and update this information promptly without further prompting. Failure to do so may result in additional staff not covered by payments being removed from the SMB account or the account being blocked or terminated at GlowyBook's discretion.

5.4. Creation of Account on a Third-Party Platform.
GlowyBook may create SMB profiles on third-party platforms using provided information, subject to third-party privacy policies. SMBs can opt-out by contacting support.

5.5. Cancellation of an SMB Account.
SMBs can cancel accounts by contacting GlowyBook, but no refunds will be provided for paid periods. Cancellation does not automatically delete third-party platform accounts.

5.6. Compliance with all Terms of Sale.
Sales and bookings are binding, with SMBs responsible for delivering booked services. Contracts arise when a customer books a service.

5.7. SMB Warranties; Restrictions.
SMBs warrant that their services are legal, non-infringing, and compliant with safety regulations. They must own or have permission to use any related intellectual property. SMBs must also adhere to laws and regulations and identify themselves if they are governmental employees or agents.

5.8. Listing Description.
SMBs must accurately describe their services, using appropriate categories and tags.

5.9. Maintenance of Calendar.
SMBs must keep their booking calendars accurate to prevent scheduling errors. GlowyBook is not liable for double-bookings or schedule errors.

5.10. Ethical Selling Tactics Required; Communication with Customers.
SMBs must use ethical selling tactics and refrain from false or misleading statements. Communication with customers may be regulated by GlowyBook, and auto-responders can be managed through account settings.

5.11. Compliance with Law.
SMBs must comply with all relevant local, state, and federal laws and regulations regarding solicitation and sales.

5.12. Freedom of Promotional Methods.
SMBs can choose their promotional platforms and methods, including social media and other channels.

5.13. Right of Refusal.
SMBs can refuse bookings for any reason, provided it does not violate laws.

5.14. Policies, Terms of Sale Required.
SMBs must establish and display policies for pre-payment, cancellations, returns, and payments. Policies must be reasonable and compliant with GlowyBook's terms.

5.15. Processing Fees for SMBs.
SMBs using GlowyBook's payment services will be charged processing fees. These fees are subject to change and are non-refundable.

5.16. Chargebacks and Revocations.
If a Customer who is not the authorized user of the payment method disputes a transaction or contests it for any reason, GlowyBook may reverse or charge back the transaction under the following circumstances: (a) if the transaction is disputed, (b) if it is reversed by the payment network, GlowyBook’s payment processor, the Customer, or their financial institution, (c) if it was not authorized or GlowyBook has reason to believe it was not authorized, or (d) if it is allegedly unlawful, suspicious, or in violation of the Terms. In the event of a chargeback, GlowyBook will withhold the chargeback amount in a reserve from the amounts payable to the SMB. GlowyBook may recover the chargeback amount and any associated fees and fines assessed by a network or processor. Additionally, GlowyBook may charge a chargeback processing fee. If there are pending chargebacks, payments may be delayed, and if GlowyBook reasonably believes a chargeback is likely, it may withhold the potential chargeback amount from payments due to the SMB until: (a) a chargeback is assessed due to a Customer complaint, (b) the dispute period expires under applicable law or regulation, or (c) GlowyBook determines a chargeback will not occur. If GlowyBook is unable to recover funds related to a chargeback for which the SMB is liable, the SMB agrees to pay GlowyBook the full amount of the chargeback immediately upon demand, including all costs and expenses, such as attorneys’ fees.

If GlowyBook believes the SMB may incur an excessive amount of chargebacks, it may impose additional conditions on the account, such as establishing new processing fees, creating a reserve to cover anticipated chargebacks and related fees, delaying payouts, or terminating or suspending the Payment Services.

GlowyBook will assist the SMB, at the SMB's expense, to investigate any transactions processed through the Payment Services. The SMB permits GlowyBook to share information about a chargeback with the Customer, their financial institution, GlowyBook's payment processor, payment networks, and the SMB's financial institution to investigate and/or mediate a chargeback. GlowyBook will request necessary information from the SMB to contest the chargeback. If the chargeback is successfully contested, GlowyBook will release the corresponding reserved funds to the SMB's account. If the chargeback dispute is not resolved in the SMB's favor or the SMB chooses not to contest it, GlowyBook may recover the chargeback amount and associated fees as described in the terms. The SMB acknowledges that failure to assist GlowyBook in a timely manner when investigating a transaction, including providing necessary documentation within seven (7) calendar days of GlowyBook's request, may result in an irreversible chargeback.

5.17. Withholding of Funds.
Funds may be withheld for suspicious activities, such as money laundering or fraud.

5.18. Payouts.
Upon establishing your SMB Account, you'll have the option to specify a deposit account for receiving payouts securely. Once the funds for the Payment Services have been processed and settled, they will be accessible for withdrawal. For SMBs based in the U.S., payouts will be automatically transferred to your designated deposit account, minus any applicable fees, on a daily basis. For SMBs located elsewhere, payouts are typically disbursed to your designated deposit account, minus any fees, within 2-3 business days. Transactions that are considered high-risk will not be paid out.

You are solely responsible for maintaining permanent records of all transactions processed via your SMB Account Settings, unless otherwise mandated by law.

We are not liable for any delays in payout. To inquire about the payout schedule for a specific transaction, please refer to your Payment Report or contact GlowyBook at support@glowybook.com.

If your payout account incurs a negative balance, you agree that we have the right to offset any incoming payments against this deficit. Failure to rectify the negative balance may result in the suspension of your ability to receive further payments and the initiation of legal action for debt collection.


5.19. Responsibility for Accurate Pay Out Information.
SMBs must provide and update accurate payout information, including bank details.

5.20. Processing Errors.
GlowyBook will correct processing errors and may debit or credit SMB accounts to rectify errors. SMBs must notify GlowyBook of errors within 30 days.

5.21. Refunds.
SMBs must process returns and refunds according to their policies, which must be disclosed to customers. GlowyBook may charge a refund processing fee and automatically process refunds from available balances.

5.22. Handling of Liens; Right to Set-Off; Collection Rights.
GlowyBook can set off claims against payable amounts and collect unpaid obligations through various means. SMBs are liable for fees incurred for collections and research activities.

5.23. Payment of Taxes.
SMBs are responsible for determining, collecting, reporting, and remitting taxes. If you are an SMB operating in the United States and in a single calendar year you process (i) over $20,000 in total payments and (ii) more than two hundred (200) transactions, GlowyBook or its payment processor may be obligated by law to report details about your business and your usage of the Payment Services to the Internal Revenue Service (IRS). To determine whether you have surpassed the IRS reporting threshold, the total payments do not account for any adjustments such as credits, cash equivalents, discounts, fees, refunds, or other amounts. The determination of whether you have reached $20,000 in payments or exceeded two hundred (200) transactions will be based on the information from our Payment Service linked to your SMB Account. To fulfill these regulatory requirements, we will require additional information from you, including a completed IRS Form W9 for U.S.-based SMBs, before you meet the specified thresholds. Failure to provide us with the necessary information in accordance with applicable tax laws and regulations may result in us blocking the Payment Services for your SMB.

5.24. Additional Products and Services, Generally.
GlowyBook may offer additional products and services for purchase, subject to additional fees. SMBs may pay commissions for lead generation services.

5.25. Transaction History.
SMBs can access their transaction history via account settings. GlowyBook strives for accuracy but does not guarantee error-free records.
Part VI – Intellectual Property; Privacy
6.1 Intellectual Property Rights Not Waived
This Agreement grants you access to the Services but does not provide a license to any software or intellectual property. The Services are protected by U.S. and international intellectual property laws and belong to GlowyBook or its licensors. All ownership rights are retained by us.

All materials displayed or transmitted on the Services, including text, photos, videos, audio clips, and graphics ("Materials"), are owned by GlowyBook and protected by U.S. and international copyright, trademark, and other proprietary rights and laws.

Except as permitted, you may not copy, reproduce, publish, transmit, sell, rent, modify, create derivative works from, distribute, repost, perform, display, or exploit the Materials commercially. You are also prohibited from altering or removing any copyright, trademark, or other proprietary notices from the Materials.

You may print a single copy of the Materials for personal, non-commercial use, provided you do not remove any proprietary notices. You may not archive or retain any Materials without our written permission. All requests for archiving, republication, or retention must be in writing and state the purpose and manner of use. Requests should be submitted to support@glowybook.com.

You do not acquire any rights or licenses in the Materials except for the limited right to use the Services as outlined in these Terms. Any downloaded Materials must be accessed in accordance with this Agreement. We reserve all rights not expressly granted.

6.2 Feedback
If you provide reviews, suggestions, ideas, or feedback ("Feedback"), you grant us sole ownership, including the right to use, copy, transmit, publish, distribute, display, perform, create derivative works from, and adapt the Feedback in any form or media. All Feedback is treated as non-confidential.

If you retain moral rights in the content you submit, you agree to (a) not require personally-identifying information to be used with the content, (b) have no objections to the use or modification of the content by us or our affiliates, (c) waive all moral rights, and (d) release us from any claims related to moral rights. You allow other users to access, view, store, or reproduce the content for personal use.

You acknowledge that your Feedback may contain ideas similar to those we receive from other sources or develop independently. Our use of any similar ideas, regardless of the source, does not obligate us to you.

6.3 Grant of License by User
You grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to use the copyright, publicity, and database rights in any content you provide. We may store, re-format, and display your content as we see fit. Personal information will only be used according to our Privacy Policy.

6.4 Confidential Information of Customers
SMBs may obtain personal information from customers as part of transactions via the GlowyBook Application. This information is described in our Privacy Policy and must be used solely for the transaction or GlowyBook-related communications, held in strict confidence.

You are not licensed to use this information for unsolicited messages. Without customer consent, you may not add customers to any mailing list. This provision does not apply if an SMB adds its own customers to the Application or obtains consent for other communications.

6.5 Application License by GlowyBook
We grant you a non-exclusive, non-transferable, revocable license to use the GlowyBook Application on compatible devices, solely to support your use of the Services, subject to this Agreement's terms.

6.6 DCMA Notice of Infringement
If you believe your copyright is infringed by the Services, notify our copyright agent in writing with the following:

(a) Your physical or electronic signature.
(b) Identification of the copyrighted work you claim is infringed.
(c) Identification of the infringing material and sufficient information to locate it.
(d) Your contact information (address, phone number, email).
(e) A statement of good faith belief that the use is unauthorized.
(f) A statement that the information is accurate and that you are authorized to act on behalf of the copyright owner, under penalty of perjury.

Contact us through email:

Copyright Enforcement
GlowyBook Inc
support@glowybook.com

Note: We need all required information to take action.
Part VII – Third-Party Advertisements, Promotions, Platforms, and Links
7.1 Third-Party Advertisements and Promotions
We may occasionally display advertisements and promotions from third parties on the Services. Any interactions, dealings, or participation in promotions with these advertisers, including any related terms, conditions, warranties, or representations, are solely between you and the third party. We are not responsible for any loss or damage incurred from these dealings or the presence of third-party advertisers on the Services.

7.2 Use of Third-Party Tools and Platforms
We may provide access to third-party tools and platform integrations that we do not control or monitor. Information shared with these third parties is outlined in our Privacy Policy.

You acknowledge that we offer these tools "as is" and "as available" without any warranties, representations, or endorsements. We are not liable for any issues arising from your use of these third-party tools and platforms.

Using these optional tools through the Services is at your own risk and discretion, and you should ensure you understand and accept the terms provided by the third-party providers.

We may also introduce new services and features through the Services, including new tools, which will also be governed by these Terms of Use.

7.3 Third-Party Links
Our Services may include content, products, and services from third parties.

Links to third-party websites or services may be present on the Services, directing you to sites that are not affiliated with us. We do not evaluate or guarantee the content or accuracy of these third-party sites and are not responsible for any third-party materials, websites, services, products, or any related transactions.

We are not liable for any harm or damages related to the purchase or use of third-party goods, services, resources, or content accessed through our Services. Please carefully review the policies and practices of any third-party before engaging in transactions. Any complaints, claims, concerns, or questions regarding third-party products should be directed to the respective third party.
Part VIII: Disclaimers; Limitations Of Liability; Indemnification
8.1 Disclaimer Of Warranty; Limitation Of Liability
You acknowledge that using the Services is at your own risk. Neither we, our affiliates, employees, agents, third-party content providers, nor licensors guarantee uninterrupted or error-free use of the Services. We do not warrant the results from using the Services or the accuracy, reliability, or content of any information provided.

All downloadable software, products, or materials are provided "as is" without warranties of any kind, either express or implied. This includes, but is not limited to, warranties of merchantability, fitness for a particular purpose, title, or non-infringement, as well as any warranty from a course of dealing, performance, or trade usage. GlowyBook does not ensure uninterrupted or error-free use of the Services, accuracy of information, or preservation of materials. We are not responsible for delays, interruptions, service failures, or other problems related to internet use or electronic communications outside our control. These disclaimers apply to the maximum extent allowed by law. Statutory rights you may have are limited to the maximum extent allowed by law.

Although we believe the information and materials on the Services are reliable, we make no explicit or implied representations regarding their accuracy, completeness, timeliness, or reliability.

To the fullest extent permitted by law, we, our employees, subsidiaries, parents, agents, partners, third-party content providers, affiliates, vendors, and our or their directors and officers are not liable for any injuries, losses, claims, or direct damages, nor for any special, exemplary, punitive, incidental, or consequential damages. This includes loss of profits, personal injury or death, property damage, reputational harm, or loss of information or data, even if advised of the possibility of such damages. This liability disclaimer applies to any aspect related to (1) this Agreement, (2) use of the Services, hardware or accessories, materials, or user content, (3) any failure or delay in using the booking or payment services, or (4) any interaction with an SMB or performance issues of any SMB or Customer in connection with the Services. Additionally, any third party directing you to the GlowyBook site by referral, link, or any other means is not liable for any reason, including damages or loss associated with using the Services. GlowyBook is neither an agent of nor associated with any SMB for which a Customer has made a reservation or paid a bill using the Payment Services.

We are not liable for unauthorized access to or use of your personally identifiable information. By using the Services, you agree to our disclaimer of such liability. If you do not agree, do not use the Services. Some jurisdictions do not allow limitation or exclusion of liability for incidental or consequential damages, so some limitations may not apply to certain Users.

These limitations survive these Terms and benefit us and our affiliates, directors, officers, employees, and agents. You and GlowyBook agree that these disclaimers, exclusions, and limitations are essential parts of this Agreement and represent a reasonable allocation of risk. You understand that GlowyBook could not provide the Services without these terms and agree this Agreement will apply even if any limited remedy fails its essential purpose.

8.2 Indemnification
You agree to defend, indemnify, and hold us, our affiliates, vendors, directors, officers, users, and agents harmless from any claims, suits, and expenses, including attorney fees, arising from (a) your use of the GlowyBook Site or Mobile Application, (b) your breach of this agreement, (c) your use of third-party services, platforms, products, links, advertisements, or tools, (d) your violation of third-party rights, including intellectual property rights, (e) unauthorized use of the Services by others using your information, and (f) your failure to comply with network rules or PCI-DSS security standards, including payment information breaches.

8.3 Release
You acknowledge that SMBs and Customers are solely responsible for their interactions and any resulting claims, injuries, damages, liabilities, or costs. You release GlowyBook from all such claims. If you are a California resident, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.” You expressly waive and relinquish all rights under this section and any similar law, regarding the release of any unknown or unsuspected claims against GlowyBook related to this Section 9.3.
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Part IX - Governing Law; Arbitration Agreement and Jury Trial Waiver, Class Action Waiver, and Forum Selection
9.1 Governing Law
This Agreement is governed by the laws of the State of Delaware for users who enter into this Agreement with GlowyBook, Inc., and the laws of Poland for users who enter into this Agreement with GlowyBook International Sp. z.o.o. This is done without considering any principles that would apply the law of another jurisdiction.

9.2 Arbitration
All disputes, controversies, claims, or causes of action between you and GlowyBook or its successors or assigns will be exclusively resolved through binding and confidential arbitration.

Arbitration will be governed by the UNCITRAL Arbitration Rules, not by any state arbitration laws. A single commercial arbitrator with substantial experience in resolving commercial contract disputes will conduct the arbitration. The arbitration will follow the UNCITRAL’s Commercial Arbitration Rules and possibly the Supplementary Procedures for Consumer Related Disputes, unless otherwise agreed upon in writing. This means you are waiving your right to go to court, except for matters you file in small claims court. A neutral arbitrator, not a judge or jury, will determine your rights. The arbitration procedures are simpler and more limited than court rules. Arbitrator decisions are enforceable as court orders and are subject to very limited court review. You and GlowyBook must follow these rules:
1. Any claims must be brought in the party’s individual capacity, not as part of a class or representative proceeding.
2. The arbitrator cannot consolidate multiple persons' claims, oversee any class or representative proceeding, or award class-wide relief.
3. If you demonstrate that arbitration costs are prohibitive compared to litigation costs, GlowyBook will pay the necessary fees to prevent the arbitration from being cost-prohibitive.
4. GlowyBook may assume all arbitration costs at its sole discretion.
5. The arbitrator will honor claims of privilege and privacy recognized by law.
6. Arbitration must be confidential, and neither party can disclose the existence, content, or results of the arbitration, except as required by law or for enforcement purposes.
7. The arbitrator can award any individual relief or remedies permitted by law.
8. Each party pays its own attorneys' fees and expenses unless a statute requires the prevailing party to be paid its fees and litigation expenses, in which case the applicable law will determine the fees and costs awarded.

Despite the above, either party can bring an individual action in small claims court. Claims related to defamation, violations of the Computer Fraud and Abuse Act, and infringement or misappropriation of patents, copyrights, trademarks, or trade secrets are not subject to arbitration and must be brought in state or federal courts in New York, New York. Either party can seek emergency equitable relief in New York state or federal courts to maintain the status quo pending arbitration, and both parties agree to the exclusive jurisdiction of these courts for such purposes. Requesting interim measures does not waive the right to arbitrate.

If any part of this arbitration provision is found invalid, unenforceable, or illegal, the rest of the arbitration provision remains effective. However, if subparts (1) or (2) are found invalid, unenforceable, or illegal, the entire arbitration provision is null and void, and neither party can arbitrate. If a claim proceeds in court instead of arbitration, it must be exclusively brought in state or federal court in New York, New York.
Part X - Miscellanous
10.1. Customer Support:
If you have any questions or concerns about the Services, you can reach out to our customer service team anytime via email at support@glowybook.com.

10.2. Disclosure of Affiliates:
We may have partnerships with third-party affiliates whose products or services we promote through the Services. Due to this relationship, we may earn a commission on products purchased by Users through these affiliates.

10.3. Authority:
Both parties affirm that they have the full authority to enter into this Agreement, and it is binding and enforceable upon them.

10.4. Waiver:
Any waiver of rights under these Terms of Use must be agreed upon or declared in writing. Delay or failure to exercise a right does not constitute a waiver, and parties retain all rights and remedies provided by law.

10.5. Force Majeure:
Neither party is obligated to fulfill any obligation if prevented from doing so by acts of God or force majeure events beyond their control. Reasonable efforts will be made to notify the other party of such circumstances and resume performance promptly.

10.6. Assignment:
Users cannot transfer or delegate their rights and obligations under this Agreement, but GlowyBook may do so freely.

10.7. Rights of Third Parties:
Unless explicitly stated, these Terms do not confer any rights to third parties.

10.8. Relationship Between Parties:
The parties are independent contractors, and nothing in these Terms creates a partnership, joint venture, or agency relationship between them.

10.9. Severability:
If any part of this Agreement is deemed invalid or unenforceable, it will be replaced with a valid provision that reflects the original intent, and the rest of the Agreement will remain in effect.

10.10. Notices:
Notices may be given by postal mail to GlowyBook Inc, or by email to the address provided by the User. Notices sent by email are deemed received 24 hours after being sent, while notices sent by mail are deemed received three days after mailing.

10.11. Effective Date:
We may update these Terms of Use from time to time, and we'll notify you of any changes through the website, our GlowyBook Application, or via email. We encourage you to review them regularly.

Last update: June 21, 2024