Terms of Service and End User License Agreement

1.1. These Terms of Service and End User License Agreement (collectively, the "Terms") form a legally binding agreement between you ("you," "your," or "User") and Idle Hand, a LLC doing business as Idle Hand ("Idle Hand," "we," "us," or "our").

1.2. These Terms govern your access to and use of the Idle Hand mobile application for iOS and Android, the Idle Hand website, and all related features, content, tools, and services (collectively, the "Platform").

1.3. By downloading, installing, accessing, registering for, or using the Platform — including by tapping "I Agree," "Create Account," "Sign Up," or any equivalent affirmative control — you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated here by reference and available at idlehand.com.

1.4. If you do not agree to these Terms, do not download, install, access, or use the Platform.

1.5. If you are entering into these Terms on behalf of a company, barbershop, salon, or other legal entity, you represent and warrant that you have the authority to bind that entity, and "you" refers to both you individually and that entity.

2.1. "Appointment" means a booking for one or more Services made through the Platform.

2.2. "Business User" means a barbershop, salon, spa, independent professional, or other service business that registers a business account on the Platform to list Services, manage a calendar, accept bookings, process payments, and manage Staff.

2.3. "Consumer User" means an individual who uses the Platform to discover Business Users, book Appointments, purchase Products, and manage their grooming or personal-care bookings.

2.4. "Content" means any text, image, photograph, portfolio item, review, rating, note, tag, service description, price, biography, message, or other material submitted to, uploaded to, or generated on the Platform.

2.5. "Marketplace" means the areas of the Platform where Products may be listed, discovered, and purchased, including business-to-consumer and business-to-business offerings.

2.6. "Payment Processor" means any third-party payment service provider used to process transactions on the Platform, including PayPal Complete Payments, Braintree, Venmo, Apple Pay, and Google Pay.

2.7. "Product" means any physical or digital good offered for sale through the Marketplace.

2.8. "Services" means the grooming, barbering, styling, cosmetology, spa, or related personal-care services performed in person by a Business User or its Staff.

2.9. "Staff" means any barber, stylist, technician, receptionist, manager, or other individual granted access to a Business User's account under a role or permission set.

2.10. "Platform Services" means the software, booking infrastructure, calendar, notification, payment facilitation, reporting, and other technology functions that we provide. Platform Services expressly do not include the Services themselves.

3.1. You must be at least 18 years old, or the age of legal majority in your jurisdiction, to create an account on the Platform.

3.2. The Platform is not directed to children under 13, and we do not knowingly collect personal information from children under 13. If we learn that we have collected personal information from a child under 13, we will delete it.

3.3. A parent or legal guardian who is at least 18 may book an Appointment on behalf of a minor. By doing so, that adult accepts these Terms on the minor's behalf, represents that they have legal authority to consent to the Services for that minor, and assumes full responsibility for the minor's conduct and for all charges.

3.4. You represent and warrant that you have never been suspended or removed from the Platform, and that your use of the Platform does not violate any applicable law.

4.1. Account creation. Certain features require registration. You agree to provide accurate, current, and complete information and to keep it updated.

4.2. Credentials. You are responsible for safeguarding your password, one-time passcodes, biometric credentials, and any device used to access your account. You are responsible for all activity that occurs under your account.

4.3. Verification. Registration may require verification by email, SMS one-time passcode, or single sign-on through a third-party identity provider. Verification is a condition of access, and message and data rates may apply.

4.4. Notification of compromise. Notify us immediately at info@idlehand.com if you suspect unauthorized use of your account.

4.5. One account per user. You may not create multiple accounts to evade a suspension, a cancellation policy, a no-show fee, or any other restriction.

4.6. Business accounts and Staff. A Business User is responsible for all activity conducted under its account and by its Staff, including Staff granted role-based permissions. The Business User must promptly revoke access for any individual who leaves its employ or engagement.

5.1. THIS SECTION IS FUNDAMENTAL TO THESE TERMS AND TO YOUR EXPECTATIONS.

5.2. Idle Hand provides booking, scheduling, calendar, payment facilitation, communication, and business-management technology. Idle Hand does not perform, supervise, control, direct, endorse, license, employ, insure, guarantee, or assume responsibility for any Service performed by any Business User or Staff member.

5.3. Business Users and their Staff are independent third parties. They are not employees, agents, partners, joint venturers, or representatives of Idle Hand. No agency, employment, franchise, or fiduciary relationship is created by these Terms.

5.4. The contract for any Service is formed solely between the Consumer User and the Business User. Idle Hand is not a party to that contract.

5.5. Idle Hand does not verify, and makes no representation regarding: (a) the licensure, certification, registration, or good standing of any Business User or Staff member under applicable barbering or cosmetology law; (b) the qualifications, skill, training, or experience of any Staff member; (c) the sanitation, safety, insurance, or physical condition of any premises; (d) the accuracy of any service description, price, duration, photograph, or portfolio item; or (e) the quality, timeliness, safety, legality, or outcome of any Service.

5.6. Business User responsibility for compliance. Each Business User represents and warrants on a continuing basis that it and each of its Staff hold and maintain all licenses, permits, registrations, certifications, and insurance required by applicable federal, state, and local law to perform the Services offered, and that it complies with all applicable health, sanitation, labor, wage, tax, and consumer-protection laws.

5.7. You use the Platform to select and engage Business Users at your own risk and on your own judgment.

6.1. License. Subject to your continuous compliance with these Terms, Idle Hand grants you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to download and use one copy of the Idle Hand application on a mobile device that you own or control, solely for your personal use (for Consumer Users) or internal business use (for Business Users).

6.2. Reservation of rights. The Platform is licensed, not sold. Idle Hand and its licensors reserve all rights not expressly granted.

6.3. Restrictions. You will not, and will not permit any third party to:

• copy, modify, adapt, translate, or create derivative works of the Platform;
• reverse engineer, decompile, disassemble, or attempt to derive the source code, algorithms, or underlying structure of the Platform, except to the limited extent this restriction is prohibited by applicable law;
• rent, lease, lend, sell, sublicense, assign, distribute, publish, or transfer the Platform or any rights in it;
• remove, alter, or obscure any proprietary notice, label, or mark;
• use any robot, spider, scraper, crawler, or automated means to access, harvest, or index the Platform or its data;
• circumvent, disable, or interfere with any security, authentication, rate-limiting, or access-control feature;
• use the Platform to build, train, benchmark, or improve a competing product or service, or to develop any machine-learning or artificial-intelligence model;
• access the Platform through any interface other than those we provide, or use any undocumented API;
• introduce any virus, worm, malware, or other harmful code; or
• use the Platform in a way that imposes an unreasonable or disproportionate load on our infrastructure.

7.1. Booking request. Submitting a booking through the Platform creates a request. Depending on the Business User's configuration, the Appointment may arrive in a Pending state requiring confirmation or decline by the Business User. A booking is not binding on the Business User until it is confirmed.

7.2. Status lifecycle. Appointments may move through Pending, Confirmed, Ready, Completed, Cancelled, or No-Show states. These states are informational and are controlled by the Business User and by the Platform's automated rules.

7.3. Multi-service bookings. You may combine multiple Services into a single Appointment. Combined Services may be charged as a single transaction with a single transaction identifier. Cancellation and refund rules apply to the combined booking as a whole unless the Business User's configuration provides otherwise.

7.4. Automatic completion. If a Business User does not manually mark an Appointment as completed, the Platform may automatically mark that Appointment as completed after a defined interval following the scheduled start time (currently ninety (90) minutes). Automatic completion may trigger settlement of the associated payment. You acknowledge that automatic completion is a convenience feature and that any dispute regarding whether a Service was actually rendered must be raised with the Business User in accordance with Section 11.

7.5. Arrival notification. The Platform may allow a Consumer User to signal arrival, which sends a notification to the Business User's Staff, and may allow Staff to signal readiness, which notifies the Consumer User. These notifications are conveniences and are not a guarantee of on-time service.

7.6. Availability. Displayed availability, service durations, prices, staff assignments, buffer times, blocked time, and business hours are set and controlled by the Business User. Idle Hand does not guarantee that any displayed slot remains available, that any specific Staff member will perform a Service, or that any Appointment will begin on time.

7.7. Walk-ins and manual bookings. A Business User may create walk-in or manual Appointments and may override availability warnings, including booking over blocked or break time. Idle Hand is not responsible for scheduling conflicts, overbooking, or double-booking resulting from a Business User's overrides.

7.8. Calendar synchronization. If you enable synchronization with a third-party calendar, you authorize the Platform to read and write calendar data for that purpose. We are not responsible for errors, delays, duplications, or data loss occurring within the third-party calendar service.

7.9. Changes by the Business User. A Business User may reschedule, decline, or cancel an Appointment. Your remedy for any such change is against the Business User, subject to that Business User's policies.

8.1. Business User policies control. Each Business User configures its own cancellation policy, including tiered cancellation windows (for example, 1, 2, 3, 4, or up to 24 hours before the scheduled start time), late-cancellation fees, and no-show fees. These policies are set by the Business User, not by Idle Hand.

8.2. Disclosure. The applicable cancellation window, late-cancellation fee, and no-show fee will be presented to you before you confirm a booking. By confirming a booking you agree to that Business User's policy for that Appointment.

8.3. Fee structure. Late-cancellation and no-show fees are typically expressed as a percentage of the Service price. Where a fee applies, the Platform may retain the fee on the Business User's behalf and refund the balance, if any, to your original payment method. Example: where a Business User has configured a 40% late-cancellation fee, a cancellation inside the applicable window results in a 60% refund and the Business User retains 40%.

8.4. No-shows. If you do not arrive for a confirmed Appointment, the Business User may mark the Appointment as a no-show and charge the configured no-show fee. The reserved time slot may remain blocked and unavailable for rebooking.

8.5. Late arrivals. A Business User may shorten, modify, decline, or charge in full for a Service if you arrive late. That determination rests with the Business User.

8.6. Authorization. Where you have a payment method on file, you authorize Idle Hand and its Payment Processors to charge that payment method for late-cancellation fees, no-show fees, and any unpaid balance for a completed Service, in accordance with the Business User's disclosed policy.

8.7. Cancellation by the Business User. If a Business User cancels an Appointment, any amount you prepaid for that Appointment will be refunded to your original payment method. Refund posting times are controlled by the Payment Processor and your financial institution.

8.8. Disputes about fees. Disputes regarding whether a cancellation or no-show fee was properly assessed are between you and the Business User. Idle Hand may, in its sole discretion and without obligation, assist in resolution.

9.1. Third-party processing. Payments are processed by third-party Payment Processors, including PayPal Complete Payments, Braintree, Venmo, Apple Pay, and Google Pay. Your use of a Payment Processor is governed by that processor's own terms and privacy policy, which you agree to as a condition of using the payment features of the Platform. Idle Hand does not store full payment card numbers.

9.2. Authorization. By providing a payment method, you represent that you are authorized to use it and you authorize Idle Hand, the applicable Business User, and the Payment Processor to charge that method for the full amount of the Services, Products, taxes, tips, and any fees due under these Terms or under a Business User's policy.

9.3. Prices. Service prices, Product prices, per-Staff pricing, add-on and combination pricing, and any surcharges are set by the Business User and may change without notice. The price presented at the time you confirm a booking or purchase is the price that applies to that transaction.

9.4. Payment methods. Depending on Business User configuration, you may pay by card, digital wallet, express checkout, or in person by cash. Where a Business User accepts cash, the Platform records the transaction but does not process the funds, and Idle Hand has no involvement in or responsibility for cash payments.

9.5. Declines and failed payments. If a payment method is declined, the Appointment may be flagged as unpaid and the Business User may decline or cancel the Appointment or require an alternative payment method. You remain responsible for amounts owed.

9.6. Platform fees. Idle Hand may charge Business Users subscription fees, transaction fees, or other platform fees under a separate commercial agreement or published fee schedule.

9.7. Taxes. Business Users are solely responsible for determining, collecting, reporting, and remitting all applicable sales, use, service, and other taxes on the Services and Products they sell. Idle Hand does not provide tax advice.

9.8. Payouts and settlement. Payouts to Business Users are made through the Payment Processor on the settlement schedule that processor establishes. Idle Hand is not a bank, money transmitter, or escrow agent, and does not hold funds on behalf of any User except to the extent expressly permitted by the Payment Processor's terms.

9.9. Currency. All amounts are stated and charged in United States Dollars unless expressly stated otherwise.

10.1. Tips are voluntary. Any suggested or default tip amount presented in the Platform is a suggestion only and may be adjusted or declined.

10.2. Tips are intended for the Staff member who performed the Service and are passed through to the Business User or the individual Staff member as configured by the Business User. Idle Hand does not retain any portion of a tip.

10.3. Where the Platform surfaces a Staff member's third-party payment handle (for example, a Venmo profile) for direct tipping, that transaction occurs entirely outside the Platform, is governed by the third party's terms, and Idle Hand bears no responsibility for it.

10.4. Allocation and distribution of tips among Staff, and compliance with all applicable wage, tip-pooling, and tip-credit laws, is the sole responsibility of the Business User.

11.1. Refunds are issued by the Business User. Refund eligibility, amount, and timing are determined by the Business User's own refund policy, subject to applicable consumer-protection law. Idle Hand does not set refund policy for Services.

11.2. Escalation. If you are dissatisfied with a Service, you must first raise the issue directly with the Business User. If unresolved, you may contact us at info@idlehand.com. We may, at our sole discretion and without any obligation or admission, facilitate communication, but we are not an arbiter of Service quality.

11.3. Refund mechanics. Approved refunds are returned to the original payment method. Posting timelines are controlled by the Payment Processor and your financial institution and are typically five (5) to ten (10) business days.

11.4. Chargebacks. You agree to contact the Business User and Idle Hand before initiating a chargeback. Initiating a chargeback for a Service that was rendered, or for a fee properly assessed under a disclosed cancellation policy, may result in suspension or termination of your account and, where applicable, collection of the disputed amount.

11.5. Apple and Google purchases. Purchases made through Apple's In-App Purchase or Google Play Billing are refunded under Apple's or Google's policies, not ours. See Section 27.

12.1. A Business User may offer loyalty programs, packages, memberships, promotional codes, referral incentives, or win-back offers through the Platform. These are offered by, funded by, and administered by the Business User.

12.2. Loyalty points, credits, and rewards have no cash value, are not property, are not transferable, may not be sold or bartered, and may be modified, suspended, devalued, or terminated by the offering Business User at any time to the extent permitted by law.

12.3. Promotional codes are single-use unless stated otherwise, may not be combined, may expire, and may be voided if obtained or used fraudulently or in violation of these Terms.

12.4.

13.1. Products listed in the Marketplace are offered and sold by Business Users or third-party sellers, not by Idle Hand, unless a listing expressly identifies Idle Hand as the seller of record.

13.2. The seller is solely responsible for product descriptions, images, pricing, inventory accuracy, labeling, ingredient and allergen disclosure, regulatory compliance, packaging, shipping, fulfillment, returns, warranties, and recalls.

13.3. Idle Hand does not inspect, test, endorse, or warrant any Product and makes no representation regarding a Product's safety, efficacy, authenticity, legality, or fitness for any purpose.

13.4. Business-to-business Marketplace transactions between Business Users are governed by the terms those parties agree between themselves. Idle Hand is not a party to those transactions.

13.5. Product-related disputes must be raised with the seller. Idle Hand has no obligation to mediate, refund, replace, or accept returns.

14.1. The Platform may include concierge, education, certification, portfolio, or similar features. Availability of these features varies and may change, expand, or be discontinued at any time.

14.2. Any educational, certification, or training content made available through the Platform is provided for informational purposes only. Unless expressly stated in writing, it does not confer any professional license, credential, accreditation, or state-recognized certification, and it does not satisfy any continuing-education or licensure requirement.

14.3. Concierge features facilitate communication and coordination. They do not create any obligation on Idle Hand to procure, guarantee, or supervise any Service or Product.

15.1. Consent to Electronic Communications. You may receive communications from Idle Hand and from Business Users you transact with through in-app messages, push notifications, email, and SMS text messages. Where SMS consent is required, you will be provided with an appropriate opt-in mechanism. SMS marketing consent is optional and is not a condition of purchasing any good or service.

15.2. Transactional Messages. By providing your mobile number and affirmatively opting in to receive SMS communications through the Platform, you consent to receive transactional SMS and push messages relating to your Appointments, including booking confirmations, reminders, changes, cancellations, arrival and readiness notifications, receipts, and account or security alerts. SMS consent is optional and is separate from acceptance of these Terms and the Privacy Policy.

15.3. Marketing messages. Marketing and promotional SMS messages — including post-appointment rebooking prompts, win-back reminders, and offers from Business Users — will be sent only where you have given prior express written consent through a separate, clearly labeled opt-in. Consent to receive marketing messages is not a condition of purchasing any good or service.

15.4. Opt-out. You may opt out of marketing SMS at any time by replying STOP to any message, or by adjusting your notification preferences in the app. Reply HELP for assistance. Opting out of marketing messages does not opt you out of transactional messages necessary to service your Appointments. You may disable push notifications in your device settings.

15.5. Rates. Message and data rates may apply. Message frequency varies. Carriers are not liable for delayed or undelivered messages.

15.6. Business User obligations. Each Business User is solely responsible for ensuring that every phone number it uploads, imports, or messages through the Platform has provided legally valid consent under the Telephone Consumer Protection Act (47 U.S.C. § 227), the FCC's implementing rules, the Telemarketing Sales Rule, applicable state mini-TCPA statutes, and applicable carrier and industry guidelines including A2P 10DLC registration requirements. Business Users assume all liability for their messaging practices and shall indemnify Idle Hand for any claim arising from them under Section 23.

15.7. Recording. Any call recording, voicemail, or transcription feature will be used only in compliance with applicable one-party and two-party consent laws.

16.1. Ownership. You retain ownership of the Content you submit.

16.2. License to us. You grant Idle Hand a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, transferable license to host, store, reproduce, modify for formatting, adapt, publish, publicly display, publicly perform, and distribute your Content solely for the purposes of operating, providing, improving, securing, and promoting the Platform. This license survives termination with respect to Content you have made public, such as reviews and portfolio items, and to residual backup copies.

16.3. Your representations. You represent and warrant that you own or have all necessary rights to your Content, that it does not infringe or misappropriate any third-party right, and that its use as permitted here will not violate any law or any person's rights of privacy or publicity.

16.4. Photographs of individuals. If you upload a photograph depicting an identifiable person — including before-and-after or portfolio images of clients — you represent that you have obtained that person's written consent to the capture, upload, display, and promotional use of that image.

16.5. Client records. Business Users may store client profiles, notes, and tags. Business Users are responsible for the accuracy, lawfulness, security, and appropriate use of those records, for obtaining any necessary consent, and for complying with all applicable privacy and data-protection laws.

16.6. Reviews and ratings. Reviews must reflect a genuine, first-hand experience. Fake, incentivized, retaliatory, or bought reviews are prohibited. Business Users may not condition service, pricing, or access on the posting or removal of a review, and may not suppress lawful negative reviews.

16.7. Moderation. We may, but have no obligation to, review, screen, edit, refuse, or remove any Content for any reason, including suspected violation of these Terms.

16.8. Feedback. Suggestions or ideas you send us are non-confidential, and we may use them without restriction, attribution, or compensation.

17.1. You will not use the Platform to:

• violate any law, regulation, licensing requirement, or third-party right;
• impersonate any person or entity or misrepresent your affiliation, licensure, or qualifications;
• post content that is unlawful, defamatory, obscene, sexually explicit, harassing, hateful, threatening, or that promotes discrimination or violence;
• harass, stalk, threaten, discriminate against, or endanger any User or Staff member;
• solicit Consumer Users away from the Platform for the purpose of evading fees, policies, or recordkeeping;
• make fraudulent bookings, serial bookings you do not intend to keep, or bookings intended to block a competitor's availability;
• manipulate ratings, reviews, search placement, or loyalty programs;
• collect, harvest, or scrape any User's personal information;
• offer or perform any service requiring a license that you do not hold, or any medical, surgical, injectable, or prescription service not permitted under your licensure; or
• interfere with, disrupt, probe, or attempt to gain unauthorized access to the Platform or any related system.

17.2. Non-discrimination. Idle Hand serves a diverse community, including clients seeking gender-neutral and gender-affirming services. Business Users shall not unlawfully deny service, alter pricing, or degrade service on the basis of race, color, religion, national origin, sex, sexual orientation, gender identity or expression, age, disability, or any other characteristic protected by applicable law.

17.3. Enforcement. We may investigate suspected violations and may suspend or terminate access, remove Content, withhold or reverse payments, and cooperate with law enforcement.

18.1. Barbering, cosmetology, chemical, coloring, shaving, and related Services involve inherent risks, including cuts, abrasions, burns, chemical or allergic reactions, skin or scalp irritation, hair damage, infection, and dissatisfaction with aesthetic results.

18.2. You are responsible for disclosing to the Business User, before any Service, any allergy, sensitivity, skin or scalp condition, medication, prior chemical treatment, medical condition, or pregnancy that may affect the Service. Intake forms or questions presented in the Platform are provided by and for the Business User; Idle Hand does not review, evaluate, or act on your responses.

18.3. Idle Hand does not provide medical, dermatological, or health advice. No content on the Platform should be treated as such.

18.4. To the fullest extent permitted by law, you knowingly and voluntarily assume all risk of personal injury, property damage, allergic reaction, and dissatisfaction arising from any Service, and you agree that any claim arising from a Service lies against the Business User and its Staff and not against Idle Hand.

19.1. The Platform integrates with and links to third-party services, including Payment Processors, messaging providers, calendar providers, identity providers, mapping providers, analytics providers, and social media platforms.

19.2. Your use of any third-party service is governed by that third party's terms and privacy policy. You must comply with all applicable third-party terms of agreement when using the Platform.

19.3. Idle Hand does not control and is not responsible for any third-party service, its availability, its content, its security, or its acts or omissions. Inclusion of a link or integration is not an endorsement.

20.1. Our collection, use, and disclosure of personal information is described in our Privacy Policy at idlehand.com, incorporated here by reference.

20.2. Business Users act as independent controllers of the client data they collect through the Platform and are solely responsible for their own privacy notices, consents, retention practices, security, and responses to data-subject requests under applicable law, including the California Consumer Privacy Act as amended and other state privacy statutes.

20.3. You are responsible for maintaining a lawful basis for any personal information you upload about another person.

21.1. THE PLATFORM AND ALL PLATFORM SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.

21.2. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IDLE HAND AND ITS AFFILIATES, LICENSORS, AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

21.3. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS; THAT DEFECTS WILL BE CORRECTED; THAT DATA WILL NOT BE LOST; THAT NOTIFICATIONS, REMINDERS, OR MESSAGES WILL BE DELIVERED; OR THAT ANY RESULT OBTAINED FROM THE PLATFORM WILL BE ACCURATE OR RELIABLE.

21.4. WE MAKE NO WARRANTY WHATSOEVER REGARDING ANY SERVICE, PRODUCT, BUSINESS USER, OR STAFF MEMBER.

21.5. Some jurisdictions do not allow the exclusion of certain warranties. In those jurisdictions, the above exclusions apply to the maximum extent permitted, and you may have additional rights.

22.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IDLE HAND AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS OPPORTUNITY, DATA, OR SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

22.2. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO IDLE HAND IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

22.3. WE ARE NOT LIABLE FOR THE ACTS OR OMISSIONS OF ANY BUSINESS USER, STAFF MEMBER, CONSUMER USER, PAYMENT PROCESSOR, CARRIER, OR OTHER THIRD PARTY.

22.4. These limitations are an essential basis of the bargain and apply even if a limited remedy fails of its essential purpose.

22.5. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. In those jurisdictions, our liability is limited to the maximum extent permitted by law. Nothing in these Terms limits liability for gross negligence, willful misconduct, fraud, or personal injury caused by our own negligence where such limitation is prohibited by law.

23.1. You agree to defend, indemnify, and hold harmless Idle Hand and its officers, directors, employees, agents, affiliates, licensors, and suppliers from and against any claim, demand, action, proceeding, loss, liability, damage, judgment, settlement, fine, penalty, cost, and expense (including reasonable attorneys' fees) arising out of or relating to:

• your access to or use of the Platform;
• your Content;
• your violation of these Terms or of any law or third-party right;
• for Business Users: any Service or Product you provide or sell, any act or omission of your Staff, your licensure or lack of it, your employment and wage practices, your cancellation, no-show, refund, and pricing policies, your messaging and marketing practices, and your handling of client data; and
• any dispute between you and another User.

23.2. We reserve the right to assume exclusive defense and control of any matter subject to indemnification, at your expense, and you agree to cooperate with our defense.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

24.1. Informal resolution first. Before initiating any arbitration or proceeding, you and Idle Hand agree to attempt informal resolution for at least sixty (60) days. You must send a written Notice of Dispute to 906 Main St Bradley Beach, NJ 07720 describing the dispute and the relief sought.

24.2. Agreement to arbitrate. Except as stated in Sections 24.5 and 24.8, you and Idle Hand agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Platform will be resolved by binding individual arbitration rather than in court.

24.3. Rules and forum. Arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules (for Consumer Users) or Commercial Arbitration Rules (for Business Users), as modified by these Terms. The Federal Arbitration Act governs the interpretation and enforcement of this Section.

24.4. Location and procedure. Arbitration will be conducted in the county of your residence or, at your election, by telephone, videoconference, or on documents alone. The arbitrator's decision is final and binding and may be entered as a judgment in any court of competent jurisdiction.

24.5. Exceptions. Either party may (a) bring an individual claim in small claims court if it qualifies, and (b) seek injunctive or equitable relief in court to protect intellectual property rights or to address unauthorized access to the Platform.

24.6. CLASS ACTION WAIVER. YOU AND IDLE HAND AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS PROCEEDING. YOU AND IDLE HAND WAIVE THE RIGHT TO A JURY TRIAL.

24.7. Severability of this Section. If the class action waiver in Section 24.6 is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and brought in court, and the remainder of this Section will remain in force.

24.8. 30-DAY RIGHT TO OPT OUT. You may opt out of this arbitration agreement by sending written notice within thirty (30) days of first accepting these Terms to 906 Main St Bradley Beach, NJ 07720 or info@idlehand.com , stating your name, the email address on your account, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other part of these Terms and will not affect your use of the Platform.

24.9. Survival. This Section survives termination of these Terms and closure of your account.

25.1. These Terms and any dispute arising out of them are governed by the laws of the State of NEW JERSEY, without regard to its conflict-of-laws principles, except that the Federal Arbitration Act governs Section 24.

25.2. To the extent any dispute is not subject to arbitration, the state and federal courts located in Bradley Beach, New Jersey have exclusive jurisdiction, and you consent to personal jurisdiction and venue there and waive any objection based on inconvenient forum.

25.3. Nothing in this Section deprives a consumer of the protection of mandatory provisions of the law of their place of residence.

26.1. These Terms remain in effect while you use the Platform.

26.2. You may terminate at any time by deleting your account and ceasing use of the Platform.

26.3. We may suspend or terminate your access at any time, with or without notice, for any reason, including suspected violation of these Terms, suspected fraud, non-payment, risk to other Users, or a legal or regulatory requirement.

26.4. On termination, your license under Section 6 immediately ends and you must cease all use of the Platform and delete it from your devices. Amounts already owed remain payable. Confirmed Appointments may be cancelled, and applicable cancellation policies may still apply.

26.5. Sections 5, 11, 16.2, 16.8, 17, 18, 19, 21, 22, 23, 24, 25, 26.4, 26.5, 27, and 29 survive termination.

27.A. APPLE APP STORE. The following terms apply to the Idle Hand application obtained through the Apple App Store (the "Licensed Application"), and control over any conflicting provision of these Terms with respect to that application.

27.A.1. Acknowledgement. You and Idle Hand acknowledge that these Terms are concluded between you and Idle Hand only, and not with Apple Inc. ("Apple"). Idle Hand, not Apple, is solely responsible for the Licensed Application and its content. These Terms do not provide usage rules for the Licensed Application that conflict with the Apple Media Services Terms and Conditions.

27.A.2. Scope of License. The license granted to you for the Licensed Application is limited to a non-transferable license to use the Licensed Application on any Apple-branded products that you own or control, and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the Licensed Application may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.

27.A.3. Maintenance and Support. Idle Hand is solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in these Terms or as required under applicable law. You and Idle Hand acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

27.A.4. Warranty. Idle Hand is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Licensed Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Idle Hand's sole responsibility.

27.A.5. Product Claims. You and Idle Hand acknowledge that Idle Hand, not Apple, is responsible for addressing any claims by you or any third party relating to the Licensed Application or your possession or use of the Licensed Application, including but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Licensed Application's use of the HealthKit and HomeKit frameworks. These Terms do not limit Idle Hand's liability to you beyond what is permitted by applicable law.

27.A.6. Intellectual Property Rights. You and Idle Hand acknowledge that, in the event of any third-party claim that the Licensed Application or your possession and use of the Licensed Application infringes that third party's intellectual property rights, Idle Hand, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.

27.A.7. Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

27.A.8. Developer Name and Address. Idle Hand is Idle Hand Barber Shop, 906 Main St Bradley Beach, NJ 07720, United States. Any questions, complaints, or claims with respect to the Licensed Application should be directed to: telephone 314.668.0913; email info@idlehand.com .

27.A.9. Third Party Terms of Agreement. You must comply with applicable third-party terms of agreement when using the Licensed Application — for example, your wireless data service agreement.

27.A.10. Third Party Beneficiary. You and Idle Hand acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

27.B. GOOGLE PLAY. If you obtained the application through Google Play, you acknowledge that these Terms are between you and Idle Hand only, and not with Google LLC; that Google is not responsible for the application or its content; that Google has no obligation to provide maintenance or support; and that your use is additionally subject to the Google Play Terms of Service.

27.C. In-app purchases. Any purchase made through Apple In-App Purchase or Google Play Billing is subject to the applicable store's payment, refund, and subscription-management policies. Cancellation and refunds for those purchases must be handled through the store, not through Idle Hand.

28.1. The Platform, including all software, source code, designs, interfaces, text, graphics, logos, icons, and the "Idle Hand" name and marks, is owned by Idle Hand and its licensors and is protected by copyright, trademark, trade secret, and other laws.

28.2. You may not use our name, logo, or marks without our prior written permission.

28.3. Copyright complaints. If you believe Content on the Platform infringes your copyright, send a notice under the Digital Millennium Copyright Act to our designated agent at 906 Main St Bradley Beach, NJ 07720 , including: (a) a physical or electronic signature; (b) identification of the copyrighted work; (c) identification of the material claimed to be infringing and its location; (d) your contact information; (e) a statement of good-faith belief that the use is not authorized; and (f) a statement, under penalty of perjury, that the notice is accurate and that you are authorized to act. We will respond to valid notices and may terminate repeat infringers.

29.1. We may modify these Terms at any time. If we make a material change, we will provide reasonable notice by posting the updated Terms in the Platform with a new "Last Updated" date and, where practical, by email or in-app notice.

29.2. Changes take effect on the date posted unless stated otherwise. Your continued use of the Platform after the effective date constitutes acceptance. If you do not agree, you must stop using the Platform and delete your account.

29.3. If you have previously agreed to a version of these Terms containing an arbitration agreement and did not validly opt out, a later modification does not create a new opportunity to opt out unless we expressly say so.

29.4. We may add, modify, suspend, or discontinue any feature of the Platform at any time without liability.

30.1. We are committed to making the Platform usable by people with disabilities and work toward conformance with the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA. If you encounter an accessibility barrier, contact us at info@idlehand.com and we will work to address it.

31.1. We are not liable for any delay or failure to perform caused by circumstances beyond our reasonable control, including acts of God, natural disaster, fire, flood, epidemic or pandemic, war, terrorism, civil unrest, labor dispute, government action, utility or telecommunications failure, internet or hosting outage, cyberattack, or failure of a third-party service provider.

32.1. Entire agreement. These Terms, the Privacy Policy, and any additional terms you accept for a specific feature constitute the entire agreement between you and Idle Hand regarding the Platform and supersede all prior agreements and understandings on that subject.

32.2. Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or severed, and the remaining provisions will remain in full force.

32.3. No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.

32.4. Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms freely, including in connection with a merger, acquisition, reorganization, or sale of assets.

32.5. Relationship. Nothing in these Terms creates any partnership, joint venture, employment, agency, or franchise relationship.

32.6. Notices. We may give notice by email to the address on your account, by in-app message, or by posting in the Platform. You must give notice to us in writing at 906 Main St Bradley Beach, NJ 07720 .

32.7. Headings. Headings are for convenience only and do not affect interpretation.

32.8. Interpretation. "Including" means "including without limitation." These Terms will not be construed against the drafter.

32.9. Export control. You will comply with all applicable export and re-export control laws and regulations.

32.10. U.S. Government end users. The Platform is "commercial computer software" and is licensed with only those rights granted to all other end users under these Terms.

32.11. Language. These Terms are drafted in English. Any translation is provided for convenience, and the English version controls.