Terms and Conditions

Openbeauty Terms and Conditions

1. Introduction

These Terms and Conditions (“Terms”) govern access to and use of the Openbeauty platform and related services.

Openbeauty provides a cloud-based software platform designed for beauty professionals and businesses to manage appointments, clients, websites, marketing, online sales and other operational activities.

By creating an account, subscribing to a plan, or otherwise using the Openbeauty platform (the “Service”), you agree to be bound by these Terms.

If you do not agree with these Terms, you must not use the Service.

2. Company Information

The Service is operated by:

Teknoza BV
Registered Office: Borsbeeksebrug 34, 2600 Antwerp, Belgium
VAT Number: BE0536764841
Email: [email protected]

3. Definitions

In these Terms:

• Account
  The registered user profile required to access the Service.
• Customer / User
  Any individual or legal entity using the Service.
• Subscription
  A paid plan granting access to certain features of the platform.
• Customer Data
  All data, information, and content uploaded or stored by the User.
• Service
  The Openbeauty SaaS platform and all related features.
• Agreement
  The contractual relationship between Openbeauty and the User consisting of these Terms and any related policies.

4. Description of the Service

Openbeauty provides Software-as-a-Service tools for salon and beauty professionals including:

• Online appointment scheduling
• Customer management
• Website management
• Email marketing tools
• Online webshop functionality
• Sales and reporting tools
• Marketing automation

The platform is accessible through internet-connected devices. Openbeauty may modify, improve, or update the Service at any time to improve functionality or security.

5. Eligibility

To use the Service, Users must meet the following requirements:

• Be at least 18 years of age at the time of registration;
• Have the legal capacity to enter into binding agreements under applicable law;
• Use the Service solely for lawful and legitimate business purposes related to the operation or management of a beauty or wellness business or related activities.

By creating an Account, the User represents and warrants that they meet these eligibility requirements.

If the User registers or uses the Service on behalf of a company, salon, or other legal entity, the individual creating the Account represents and warrants that they have the legal authority to bind that entity to these Terms and to act on its behalf in relation to the use of the Service.

Openbeauty reserves the right to refuse registration, suspend access, or terminate accounts if it reasonably believes that a User does not meet these eligibility requirements.

6. Account Registration

To access and use the Service, the User must create an Account by completing the registration process and providing the requested information.

The User agrees to:

• Provide accurate, complete, and up-to-date information during registration and maintain such information as necessary to ensure it remains accurate;
• Maintain the confidentiality and security of login credentials, including usernames and passwords;
• Ensure that access to the Account is restricted to authorized persons only, including employees or representatives of the User’s business where applicable;
• Notify Openbeauty without undue delay if the User becomes aware of any unauthorized access to the Account or any other breach of security.

The User is fully responsible for all activities conducted through their Account, whether such activities are authorized by the User or not.

Openbeauty reserves the right to suspend, restrict, or terminate an Account if it reasonably believes that the information provided during registration is inaccurate, incomplete, fraudulent, or misleading, or if the Account is used in violation of these Terms.

7. Subscription Plans and Payments

Certain features and functionalities of the Service may only be available through a paid Subscription plan.

By selecting a Subscription plan, the User agrees that:

• The applicable subscription fees will be charged according to the selected plan and billing cycle;
• Payments must be made in advance for the applicable billing period;
• All fees are exclusive of VAT and other applicable taxes, unless explicitly stated otherwise.

Subscriptions will automatically renew for the same billing period unless the User cancels the Subscription prior to the renewal date through the available account settings or by contacting Openbeauty.

In the event of failed or overdue payments, Openbeauty reserves the right to:

• suspend or restrict access to certain features of the Service;
• temporarily disable the User’s Account; or
• terminate the Subscription if payment obligations remain unmet after reasonable notice.

Openbeauty may update Subscription plans, pricing, or billing structures from time to time. Any changes will apply only to future billing periods, and Users will be notified in advance where required by applicable law.

8. Free Trial

Openbeauty may offer new Users a free trial of certain premium features of the Service for a limited period.

The free trial is provided without requiring payment details or credit card information.

During the trial period, Users may access premium features of the platform in order to evaluate the Service. At the end of the trial period:

• the User’s Account will automatically transition to the Openbeauty Free Forever Plan, and
• premium features included in the trial may become unavailable unless the User chooses to upgrade to a paid Subscription.

The User will not be automatically charged at the end of the trial period.

Openbeauty reserves the right to:

• determine eligibility for free trials
• modify the duration or conditions of the trial
• suspend or terminate a trial where misuse or abuse is detected.

Each User or business may only use a free trial once, unless otherwise permitted by Openbeauty.

9. User Responsibilities

Users must use the platform responsibly and legally.

Users may not:

• Upload illegal or harmful content
• Violate intellectual property rights
• Attempt unauthorized access to systems
• Use the platform to distribute spam or malware
• Use the platform to develop competing services

10. Customer Data

10.1 Ownership of Customer Data

All data, information, and content uploaded, submitted, or stored by the User through the Service (“Customer Data”) remains the property of the User or the relevant data subjects.

Openbeauty does not claim ownership over Customer Data.

The User grants Openbeauty a limited, non-exclusive, worldwide license to host, process, store, transmit, and display Customer Data solely for the purpose of providing, maintaining, and improving the Service.

10.2 Responsibility for Customer Data

The User is solely responsible for the accuracy, legality, and integrity of all Customer Data uploaded or processed through the Service. The User represents and warrants that:

• it has obtained all necessary rights, permissions, and legal bases to process the Customer Data;
• the Customer Data does not infringe any intellectual property rights, privacy rights, or other rights of third parties;
• the processing of Customer Data through the Service complies with all applicable laws and regulations.

10.3 Compliance with Data Protection Laws

Users must ensure that their use of the Service and processing of Customer Data complies with all applicable data protection and privacy legislation, including but not limited to:

• Regulation (EU) 2016/679 (General Data Protection Regulation - GDPR)
• the Belgian Data Protection Act of 30 July 2018 (implementing GDPR)
• the Belgian Code of Economic Law where applicable
• any other applicable national or international privacy or data protection regulations.

Where the User processes personal data of customers, employees, or other individuals through the Service, the User acts as the data controller and is responsible for determining the purposes and means of processing such personal data.

Openbeauty acts as a data processor and processes such data only on behalf of and according to the instructions of the User.

10.4 Data Security

Openbeauty implements appropriate technical and organizational measures to protect Customer Data against:

• unauthorized access
• accidental loss
• destruction or damage
• unlawful processing

These measures may include encryption, access controls, system monitoring, and other industry-standard security practices.

However, the User acknowledges that no system can guarantee absolute security, and Openbeauty cannot guarantee that unauthorized third parties will never be able to defeat such measures.

10.5 Data Access and Portability

Users may access and export their Customer Data through the functionalities provided within the Service where technically feasible. Openbeauty may provide data export tools or other reasonable assistance to allow Users to retrieve their data.

10.6 Data Retention and Deletion

Customer Data will be retained for as long as necessary to provide the Service or comply with legal obligations. Upon termination of the User’s account:

• the User may have a limited period to export Customer Data;
• Openbeauty may delete Customer Data after a reasonable retention period unless legally required to retain it longer.

10.7 Prohibited Data

Users must not upload or process data through the Service that:

• violates applicable laws or regulations;
• contains malicious software or harmful code;
• infringes intellectual property or privacy rights;
• includes special categories of personal data under GDPR (such as health data, biometric data, or sensitive personal information) unless the User has obtained all required legal authorizations and protections.

10.8 Indemnification

The User agrees to indemnify and hold harmless Openbeauty against any claims, damages, fines, or liabilities arising from:

• unlawful Customer Data uploaded by the User;
• failure of the User to comply with applicable data protection laws;
• unauthorized processing of personal data.
  
  

11. Data Protection and GDPR

11.1 Compliance with Data Protection Legislation

Openbeauty processes personal data in accordance with all applicable data protection laws, including but not limited to:

• Regulation (EU) 2016/679 (General Data Protection Regulation - GDPR)
• the Belgian Data Protection Act of 30 July 2018
• applicable European and Belgian electronic communications and privacy legislation.

Openbeauty is committed to ensuring that personal data is processed lawfully, fairly, and transparently.

11.2 Roles of the Parties

When Users process personal data of their customers or other individuals through the Service:

• the User acts as the Data Controller, determining the purposes and means of processing personal data;
• Openbeauty acts as a Data Processor, processing personal data solely on behalf of the User.

Openbeauty will only process such data in accordance with documented instructions from the User and the applicable Data Processing Agreement.

11.3 Security Measures

Openbeauty implements appropriate technical and organizational measures designed to protect personal data against unauthorized or unlawful processing and against accidental loss, destruction, or damage.

Such measures may include:

• secure infrastructure and hosting environments
• encrypted communications where appropriate
• role-based access controls
• regular system monitoring and maintenance
• internal access restrictions and confidentiality obligations.

11.4 Data Breach Notification

In the event of a personal data breach affecting Customer Data, Openbeauty will notify the User without undue delay after becoming aware of the breach, where such breach is likely to affect the User’s obligations under applicable data protection laws.

The notification will include information reasonably necessary to allow the User to meet any legal obligations related to the breach, including notification to supervisory authorities or affected individuals where required.

11.5 Assistance with Compliance

To the extent required by applicable law, Openbeauty will provide reasonable assistance to Users in fulfilling their obligations under data protection laws, including assistance related to:

• data subject rights requests
• data protection impact assessments
• security of processing.

12. Intellectual Property Rights

12.1 Ownership of the Platform

All intellectual property rights in and to the Openbeauty platform, including but not limited to:

• software code
• user interfaces
• databases
• trademarks and logos
• documentation
• design elements

are and remain the exclusive property of Openbeauty or its licensors. Nothing in these Terms transfers ownership of such intellectual property rights to the User.

12.2 License to Use the Service

Subject to compliance with these Terms, Openbeauty grants the User a limited, non-exclusive, non-transferable, and revocable license to access and use the Service during the term of the Subscription solely for internal business purposes.

Users may not use the Service for the benefit of third parties without authorization.

12.3 Restrictions

Users shall not, directly or indirectly:

• copy, reproduce, distribute, or publicly display any part of the Service;
• modify, adapt, or create derivative works of the platform;
• reverse engineer, decompile, or attempt to extract the source code of the software;
• remove or alter proprietary notices or branding;
• use the Service to develop or operate competing software.

12.4 Feedback

Users may provide suggestions or feedback regarding the Service.

Openbeauty may freely use such feedback to improve the Service without any obligation to compensate the User.

13. Service Availability and Maintenance

13.1 Service Availability

Openbeauty strives to ensure that the Service remains accessible and operational. However, the Service is provided on an “as available” and “as is” basis, and uninterrupted or error-free operation cannot be guaranteed.

13.2 Maintenance

Openbeauty may temporarily suspend access to the Service for the purpose of:

• system maintenance
• software updates
• infrastructure upgrades
• security improvements.

Where reasonably possible, Openbeauty will perform maintenance during periods of lower usage.

13.3 Technical Issues

Service interruptions may occur due to factors outside the reasonable control of Openbeauty, including:

• internet connectivity failures
• hosting infrastructure issues
• cyber incidents
• third-party service outages.

Openbeauty will make reasonable efforts to restore access as quickly as possible.

14. Third-Party Services

14.1 Integrations

The Service may integrate with or rely on third-party services, including but not limited to:

• payment processing services
• email delivery services
• hosting infrastructure providers
• analytics tools.

These integrations are provided for convenience and functionality.

14.2 Third-Party Responsibility

Openbeauty does not control and is not responsible for the availability, performance, or security of third-party services.

Use of such services may be subject to separate terms and policies established by the respective providers.

14.3 Data Sharing with Third Parties

Where integration with third-party services requires the transmission of Customer Data, such transmission will occur only as necessary to provide the requested functionality. Users remain responsible for ensuring that their use of third-party integrations complies with applicable laws.

15. Limitation of Liability

15.1 General Limitation

To the maximum extent permitted under applicable Belgian law, Openbeauty shall not be liable for:

• indirect damages
• consequential damages
• loss of profits
• loss of revenue
• loss of business opportunities
• loss of goodwill
• loss or corruption of data not caused by Openbeauty’s intentional misconduct.

15.2 Liability Cap

Openbeauty’s total aggregate liability arising from or relating to the use of the Service shall not exceed the total amount of subscription fees paid by the User to Openbeauty during the twelve (12) months preceding the event giving rise to the claim.

15.3 Exclusions

Nothing in these Terms shall exclude or limit liability where such exclusion is prohibited by applicable law, including liability for:

• fraud or fraudulent misrepresentation
• intentional misconduct
• death or personal injury caused by negligence.

16. Indemnification

The User agrees to indemnify, defend, and hold harmless Openbeauty and its directors, employees, affiliates, and partners from and against any claims, damages, losses, liabilities, costs, or expenses arising out of or related to:

• the User’s use of the Service;
• violation of these Terms;
• unlawful processing of Customer Data;
• infringement of third-party rights.

17. Force Majeure

Openbeauty shall not be liable for failure or delay in performing its obligations where such failure or delay results from circumstances beyond its reasonable control.

Such circumstances may include but are not limited to:

• natural disasters
• acts of government
• cyber attacks
• widespread internet outages
• power failures
• labor disputes.

During such events, performance of obligations may be suspended for the duration of the force majeure situation.

18. Suspension and Termination

18.1 Suspension

Openbeauty may temporarily suspend access to the Service if:

• the User violates these Terms;
• payment obligations are not fulfilled;
• there is a security risk affecting the platform;
• unlawful or abusive activity is detected.

18.2 Termination by the User

Users may terminate their Subscription at any time through their account settings.

Termination will take effect at the end of the current billing period unless otherwise stated.

18.3 Termination by Openbeauty

Openbeauty may terminate the Agreement with immediate effect if:

• the User commits a material breach of these Terms;
• the Service is used for illegal purposes;
• the User repeatedly violates platform policies.

19. Data Retention After Termination

Following termination of the Agreement:

• the User’s access to the Service will be disabled;
• Customer Data may remain accessible for a limited period to allow export;
• after such period, Openbeauty may permanently delete Customer Data unless retention is required by law.

20. Amendments to the Terms

Openbeauty reserves the right to modify these Terms from time to time.

Users will be notified of material changes through the platform or via email.

Continued use of the Service after the updated Terms become effective constitutes acceptance of the revised Terms.

21. Governing Law and Jurisdiction

These Terms and any disputes arising from them shall be governed by and interpreted in accordance with the laws of Belgium.

Any disputes shall fall under the exclusive jurisdiction of the competent courts of Antwerp, Belgium, unless mandatory law provides otherwise.