Terms of Service
These Terms of Service (the “Terms”) are a contract between Bell LLC, a Massachusetts limited liability company, located at 193 Park Ave, Worcester, MA 01609 (“Bell LLC”, “we”, “us”), and the business that signs up for or uses BellProNails (“Customer”, “you”). By applying, signing, clicking to accept, or using BellProNails, you agree to these Terms and to the policies they include by reference: the Acceptable Use Policy, the Messaging Policy, the Payments, Deposits and Gift Card Rules and the Data Processing Addendum.
1. Who may use BellProNails
BellProNails is for businesses only. You confirm that you are a business (not a consumer), that you are registered and in good standing where the law requires it, that you hold every license your state requires to operate a salon, and that the person accepting these Terms has authority to bind the business. You are responsible for everyone you give access to (owners, managers, front desk, technicians), and for keeping sign-ins private.
2. The service
BellProNails provides a booking website, an automated assistant for text and chat, a walk-in queue, reminders, gift cards, offers and related tools (the “Service”). We may improve, change or retire features. If we remove a feature you materially rely on, we will tell you at least 30 days before, unless the law, a carrier, a payment network or a security problem requires faster action. Beta or preview features are provided as-is and may be withdrawn at any time.
3. Fees, billing and taxes
- Plans are billed monthly in advance and renew automatically each month until cancelled. You can cancel at any time; cancellation takes effect at the end of the paid month. Fees already paid are not refunded, except where the law requires.
- Text messages above your plan’s monthly allowance, carrier and registration fees charged to us for your business (for example, brand and campaign registration and monthly campaign fees), and phone number fees may be billed to you at cost plus the rate shown in your account.
- We will give you at least 30 days’ notice of a price increase. Continuing to use the Service after it takes effect means you accept it.
- If a payment is more than 10 days late, we may suspend the Service after notice. Fees do not include taxes; you pay any sales, use or similar taxes, other than taxes on our income.
4. Your responsibilities as a salon
- Your services. You alone provide nail and beauty services to your clients and are responsible for them, including health, sanitation, licensing, pricing, refunds, injuries, infections, allergic reactions and client disputes.
- Your information. Your prices, services, hours, policies, offers and content must be accurate, lawful and yours to use.
- Your staff. You are the employer or principal of your staff. You are responsible for wages, tips, commissions, taxes, worker classification and employment law. Reports in BellProNails are tools, not payroll or tax advice.
- Your legal duties. You comply with the laws that apply to your business, including consumer protection, privacy, messaging, payment card, gift card, tax, accessibility and licensing laws, and with the Acceptable Use Policy.
5. Text messages and email
You are the sender of every text and email the Service sends to your clients, and the business responsible for them under the Telephone Consumer Protection Act (TCPA), state telemarketing and messaging laws, the CAN-SPAM Act and carrier rules. BellProNails provides compliance tools (consent capture, consent logs, opt-out handling, quiet hours and frequency limits), but you must follow the Messaging Policy, including: send marketing only to clients who gave the required consent; never upload purchased or scraped lists; never switch a client to marketing without consent you can prove; and keep accurate consent records. Carrier registration is decided by the carriers and The Campaign Registry, not by us, and we do not promise approval, throughput or delivery. We may pause or limit messaging at any time to protect you, other customers, our sender reputation or compliance.
6. Payments through Stripe
Card payments (deposits, no-show fees, gift cards, bills) are processed by Stripe, Inc. under your own Stripe account and the Stripe Connected Account Agreement, which you accept with Stripe. You are the merchant of record. Funds go from Stripe to your bank account; Bell LLC does not hold, receive or transmit your funds. You are responsible for refunds, chargebacks, disputes, fees and taxes on your sales, and for the Payments, Deposits and Gift Card Rules.
7. The automated assistant
The assistant answers and books using the information and settings you provide. It identifies itself to clients as automated and hands conversations to your staff when it cannot help. It can make mistakes. You are responsible for reviewing bookings and conversations, and for your settings. See AI and Automation.
8. Your data
- You own your business data and your clients’ data (“Customer Data”). You give Bell LLC a limited license to host, copy, process and display Customer Data only to provide, secure and support the Service, to comply with law, and as described in the Data Processing Addendum, which forms part of these Terms.
- We may create and use de-identified, aggregated information (for example, average booking lead time across salons) to run and improve the Service. We will not try to re-identify it, and we will never sell Customer Data.
- You can export your data at any time while your account is active and for 30 days after it ends. After that we delete Customer Data, except copies in backups (overwritten within 14 days), and records we must keep by law.
- You are responsible for having the rights and consents needed to give us Customer Data, and for your own privacy notice to clients (each salon site includes a privacy page and SMS terms you can adjust).
9. Our property
Bell LLC owns BellProNails, its software, designs, models, documentation and the BellProNails name and logo, and all improvements to them. We give you a non-exclusive, non-transferable right to use the Service during your subscription. You may not copy, resell, reverse engineer, scrape, or build a competing product from the Service. If you send us ideas or feedback, we may use them without obligation to you.
10. Confidentiality
Each party will keep the other’s non-public business information confidential and use it only for this agreement, with at least reasonable care. This does not cover information that is public, already known, independently developed, or that must be disclosed by law (with notice where allowed).
11. Suspension and termination
You may cancel at any time in your account or by email. We may suspend or end your access, with notice where practical, if you do not pay, if you break these Terms or the Acceptable Use Policy, if your use creates legal, carrier, payment, security or reputational risk, or if the law requires. On termination, your right to use the Service ends; Sections 3 (unpaid fees), 4, 5, 8 (export and deletion), 9, 10, 12, 13, 14, 15 and 17 survive.
12. Disclaimers
TO THE FULLEST EXTENT THE LAW ALLOWS, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”. BELL LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT PROMISE THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT MESSAGES WILL BE DELIVERED, THAT CARRIERS OR STRIPE WILL APPROVE YOU, OR THAT THE SERVICE WILL MAKE YOU COMPLIANT WITH ANY LAW. BELLPRONAILS IS NOT LEGAL, TAX, ACCOUNTING OR EMPLOYMENT ADVICE.
13. Limitation of liability
TO THE FULLEST EXTENT THE LAW ALLOWS: (a) BELL LLC WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, CLIENTS, GOODWILL OR DATA, EVEN IF ADVISED OF THEIR POSSIBILITY; AND (b) BELL LLC’S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF THE FEES YOU PAID US IN THE THREE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED U.S. DOLLARS. These limits apply to every theory of liability and are an essential part of the bargain. They do not limit liability that cannot be limited by law.
14. Your indemnity
You will defend, indemnify and hold harmless Bell LLC and its members, managers, employees and contractors from any claim, demand, fine, penalty, damages, cost or expense (including reasonable attorneys’ fees) arising from: (a) texts, calls or emails sent for your business, including claims under the TCPA, state telemarketing or messaging laws or CAN-SPAM; (b) your services, premises, staff or employment practices; (c) your content, offers, prices, gift cards, deposits, fees or refunds; (d) your breach of these Terms, the policies, or any law; or (e) Customer Data you provide without the rights or consents needed. We will notify you of the claim, let you control the defense (we may join with our own counsel at our cost), and you will not settle a claim that imposes obligations on us without our written consent.
15. Disputes: Massachusetts law, arbitration, no class actions
- Governing law. These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to conflict-of-law rules, and by the Federal Arbitration Act.
- Talk first. Before starting a claim, the party with the claim will send written notice to the other and both will try in good faith to resolve it for 30 days.
- Binding arbitration. Any dispute arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before one arbitrator, seated in Worcester, Massachusetts (hearings may be held by video). Judgment on the award may be entered in any court with jurisdiction.
- Exceptions. Either party may bring an individual claim in small claims court, and either party may seek a court injunction to protect its intellectual property or confidential information. For those matters, the parties consent to the state and federal courts located in Worcester County, Massachusetts.
- No class or group actions. Claims may be brought only individually, not as a plaintiff or class member in any class, collective, consolidated or representative proceeding. The arbitrator may not combine claims of different customers.
- Jury waiver. If a dispute proceeds in court, each party waives trial by jury to the extent the law allows.
- Time limit. Any claim must be started within one year after it arises, or it is permanently barred, to the extent the law allows.
16. Electronic signatures and notices
You agree to do business with us electronically. Typed signatures, click-to-accept and electronic records have the same effect as signed paper under the federal E-SIGN Act (15 U.S.C. § 7001 and following) and the Massachusetts Uniform Electronic Transactions Act (M.G.L. c. 110G). We send notices to the email address on your account; they are effective when sent. Legal notices to us must be sent by email to support@bellpronails.com and by mail to Bell LLC, Attn: Legal, 193 Park Ave, Worcester, MA 01609.
17. General terms
- Changes. We may update these Terms. For material changes we will give at least 30 days’ notice by email or in your account; the new version applies from its effective date. Earlier versions are available on request.
- Order of precedence. If documents conflict: a signed order form, then the Data Processing Addendum (for personal information), then these Terms, then the other policies.
- Force majeure. Neither party is responsible for delays caused by events beyond its reasonable control, including carrier, hosting or payment network outages, internet failures, cyberattacks, natural disasters and government action (payment obligations excepted).
- Assignment. You may not assign these Terms without our consent. We may assign them in a merger, acquisition or sale of assets.
- Relationship. The parties are independent contractors. There are no third-party beneficiaries.
- Export and sanctions. You will not use the Service in violation of U.S. export or sanctions laws.
- Entire agreement. These Terms and the documents they include are the entire agreement on this subject. If a provision is unenforceable, the rest stays in effect and the provision is enforced to the maximum extent allowed. A failure to enforce is not a waiver.