1. Overall Summary

   1. The Terms of Service (also referred to as an agreement) governs your use (as a user and or non-user) of services provided by OYOapp LLC and its affiliates. Additional terms, requirements and expectations may apply with use of OYOapp LLC (herein OYOapp) which consists of a system (herein Website, Web Software and Mobile Application). OYOapp reserves the right to edit, change, modify and enhance this agreement when OYOapp wants to improve the user experience of the OYOapp system. All visitors (non-users) and users who do not agree with this Terms of Service should not visit the OYOapp website (www.OYOapp.com) and or use the system! This agreement contains, among other things, an arbitration provision containing a class action waiver. Visitors and users automatically agree to this agreement when using OYOapp (web and mobile app).

   2. OYOapp.com is a website (for viewing purposes), that provides visitors access to the OYOapp system through a registration process for a Business Owner and  Customer account. These accounts have built in features associated with each account. A Business Owner account has access to features (at its core) that grant the Business Owner account user the ability to store customer and other business owner contact information, appointment booking for other users (both other business owners and customers), transact effortlessly with our 3rd party integrated (Stripe) automated payment processor, payment/transaction history, business performance dashboard (to track sales, tips, customer satisfaction, total appointments, cancellations, and no shows), while provisioning the ability for the Business Owner account user the ability to create and deliver services. Customers account users are able to store Business Owner contact information, easily transact with business owners, and track their payment history. Both accounts are able to receive app notifications, appointment details (bookings, rescheduling and cancellations), reminders, updates on payments and business intelligence. 

   3. OYOapp reserves the right to make changes, at any time, to the system (website, web & mobile app), and this Agreement without sending prior notice to users. Your continued use of the OYOapp system services guarantees your agreement and signifies your acceptance of the current and any new or amended terms and conditions.

   4. All users are expected to keep their account information up to date. Any false/fake, or incorrect information may cause your account to be blocked. Business Owners must establish a Stripe account upon registration in order to process transactions and receive payments.

2. User Agreement  

   1. By accepting to access or use the OYOapp (Web & Mobile App) Services you automatically signify (a) you are an adult (per our state/city qualifications/at least eighteen (18) years old or twenty-one (21) years old according to your local law), (b) are in good standing with the law and it does not prohibit you from accessing or using OYOapp, (c) you have read, understand, and agree to be in compliance to this Agreement, and (d) have and will take full (100%) ownership of all legal business registrations to be compliant within your country and state to deliver business services with use of OYOapp. OYOapp will take no ownership of users’ non-compliance with state regulations to practice/deliver business services. If you are a minor (below the age of 18), you can only use OYOapp with the consent and supervision of your parents or legal guardians. If you are 13 years or younger, please do not use this site or any of its services for any purpose. You must be at least 18 years of age to create or use a business account. Competitor, previously banned users are not permitted to use OYOapp. If you are not sure if you are a competitor, do not use OYOapp.

   2. This user agreement is subject to the Privacy Policy, which also governs your use of the OYOapp system. OYOapp is a Software as a Service business management tool granting its users (business owners & customers) the ability to create a profile, browse/view content, book appointments, send/receive payments and rating reviews, and track overall performance respectively. OYOapp does NOT control (a) the quality, safety, morality or legality of any aspect of any services offered by Business Owners using OYOApp, (b) the truth, quality or accuracy of listings or any kind of information (profile, services) being shared by Business Owners, (c) the quality, timeliness or accuracy of any Business Owners availability and or appointment calendar, (d) the ability of Business Owners to provide/deliver booked services appropriately, (e) the identity of any Business Owners or Customer and their intent, (f) the ability of Customers to pay for Services, (g) the ability for customers to provide accurate information about themselves and attend appointments on time. OYOapp is not responsible for parties (Business Owner & Customer or Business Owner) being prompt with attending appointments or attending appointments. OYOapp cannot and will not guarantee a Business Owner or Customer will actually attend an appointment and or complete a transaction. Doing business, booking and making yourself available to appointments and appointment details including user profile information, is solely at your own risk.

   3. You acknowledge and agree OYOapp is a marketplace where Business Owners and customers take full responsibility of their actions, inactions, appointments, and transactions. You agree all disputes amongst users (Business Owner and Customer or Business Owner) will be resolved amongst both users (Business Owner and Customer or Business Owner). Transaction disputes will be resolved either between users (Business Owner and Customer or Business Owner) and include Stripe as the 3d party payment processor of the transaction in cases when needed. In all instances of disputes and or claims (even those not mentioned), will not involve OYOapp. AT NO TIME WILL A CUSTOMER and BUSINESS OWNER DISPUTE INCLUDE OYOAPP. OYOapp is not responsible for any inaccurate information within the OYOapp Web & Mobile app. OYOapp is not responsible for the accuracy and quality of the information, appointment timing and services delivered by Business Owners
      
      

3. OYOapp Agreement Modifications & Changes  

   1. OYOapp may update or revise this Agreement along with the Privacy Policy anytime without being bound to provide a notice to its users (Business Owners and Customers). As a user, you agree that you will review both this Agreement and the Privacy Policy periodically (could be monthly, quarterly, annually) to stay up to date on modifications. You have the choice to accept the updated version of this Agreement and the Privacy Policy or not to and immediately close your account by sending an email to support@OYOapp.com requesting account closure by which you will no longer have access to the account. 

   2. OYOapp may edit (remove, delete, modify) any and all aspects of the app and contextually the services at our discretion which such changes could be implemented without notice to users. If you do not agree to such modifications and changes, you can close your account.

   3. If you encounter any error (glitches, poor performance, bugs, defects) within OYOapp, please let us know by sending an email to support@OYOapp.com. We do not guarantee any or all errors will be corrected. All users are expected to use the latest version of manufactured phones with the latest version of their manufacturer’s operating systems along with Chrome browser or Safari.
      
      

4. Access to the OYOapp System

   1. OYOapp will try to make access to the OYOapp system available twenty-four (24) hours a day, seven (7) days a week, except for planned down-time for maintenance efforts. However, we do not guarantee users will have access to the OYOapp system at all times. The use of OYOapp requires Internet access through your computer, mobile device, tablet or other internet-accessible device and you are responsible for the quality, connection speed, bandwidth and other technical specifications of your internet through your internet service provider. You are responsible for all mobile carrier charges resulting from your use of OYOapp (including reminders and notifications) if charges are incurred. OYOapp does not guarantee compatibility with all devices or being supported by all mobile carriers. You may be required to have some kind of computer language enabled to use the OYOapp system.

5. Right of Refusal, and Termination

   1. OYOapp reserves the right to refuse to provide you access to the OYOapp system for any reason at any time. OYOapp may choose to limit or cancel any account (Business Owner or Customer) for any reason at any time. OYOapp will choose to either notify (via email, text or phone call) or not to notify the account user upon cancellation/termination of the account. All data will be lost upon account closure and OYOapp as the owner of the data has no liability or responsibility to provide the user with a data file.
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6. Prohibited uses  

   1. You acknowledge and agree to use OYOapp only for legal purposes. You will not solicit directly or indirectly users to facilitate and or participate in illegal actions, will not violate any laws and regulations You will not: 

      1. Infringe upon or violate OYOapp intellectual property rights or the intellectual property rights of users (Business Owner and Customers)

      2. Disrespect other users (all forms of disrespect including but not limited to abuse, harm, insult, disparage, slander, defame, intimidate)

      3. Discriminate users (all forms of discrimination including but not limited to discriminations based on religion, gender, ethnicity, age, sexual orientation, race, national origin, or disability)

      4. Sell, share bad or misleading information

      5. Hack or try to hack the OYOapp system 

      6. Upload or transmit malware, viruses or any other type of malicious code (directly or indirectly) that will or may be used in any way to affect the functionality or operation of OYOapp and cause digital harm to OYOapp Web and Mobile app system, the users, OYOapp servers or network or infrastructure

      7. Gather personal information from others to track them

      8. Spam, phish, pharm, pretext, spider, crawl, or scrape

      9. Use your account for inhumane purpose (human trafficking, stalking, kidnapping)

      10. Cause digital malice, harm or interfere with OYOapp security and infrastructure

      11. Pursue legal action against OYOapp

      12. Sublicense, lease, sell, trade, rent any aspect, materials, Intellectual Property of OYOapp to anyone or 3rd party

      13. Reverse engineer, decipher, try to uncover OYOapp design, code, APIs, or payment gateways

      14. Modify (edit, remove, change) any OYOapp components

      15. Publicly defame or share negative press/information about OYOapp

      16. Upload, import, distribute, or publish any illegal content (including but not limited to defamatory, libelous, obscene, abusive, pornographic, or illegal material in any way form or fashion)

      17. Practice racism and hate speech will not be tolerated, it leads to immediate termination of the user account. 

      18. Directly or indirectly attack another User. Attacks will not be tolerated; it leads to immediate suspension and or termination of the user account. 

      19. Use OYOapp to solicit, distribute or publish any type of illegal solicitation directly or indirectly.

      20. Upload, import, post or transmit any illegal content that violates any domestic law  

      21. Spam, upload, import, post, or transmit any content advocating or providing discussion or instruction on illegal activities  

      22. Upload, import, post, or transmit content that has nothing to do with the legal service being rendered

      23. Impersonate anyone, or business entity, breach gather/steal user information for personal acts/gains or of a 3rd party

      24. Engage in unlawful pyramid schemes, multi-level marketing, fake businesses, or fraud

      25. Facilitate or encourage any violations of this document.

      26. All users acknowledge and agree any profile created could be edited (changed, removed, altered, deactivated, terminated, displayed anywhere on the internet for any purpose such as marketing purposes) and all users agree this can happen at any given time without notice provided.    

   2. OYOapp reserves the right to terminate your account for violating any of the prohibited uses or for any other reason OYOapp determines.
      
      

7. Fraudulent Payment & Transactions

   1. OYOapp is not liable for any losses relating to chargebacks, fraudulent charges, or other actions by any user’s who are deceptive or fraudulent. You agree to not hold OYOapp liable to any fraudulent or illegal actions emerging from any direct or indirect interactions and or transactions with other users (Business Owners and Customers). You agree to notify us of any fraudulent and illegal actions identified. OYOapp has the right at any time to terminate any user account for any reason, especially for fraudulent and illegal actions. Understand, OYOapp could pursue legal actions to the highest extent allowed by the law on identified fraudulent and illegal users.
      
      

8. Privacy & OYOapp Monitoring

   1. If OYOapp provides you with information about other users (including but not limited to: account connections, displaying of user information appointment bookings), you agree that you will use the information only for the purposes that it is provided to you (in context to a legal business matter ro transaction). You may not disclose, sell, rent, or distribute any user’s information to anyone, entity or a 3rd party. You must request and obtain approval from other users before you use their information for marketing purposes.  

   2. Users agree all user and non-user related content displayed, published and unpublished content is owned by OYOapp and OYOapp can reproduce, share, display, publish that content anywhere and at any time without informing the users in perpetuity. OYOapp owns the rights to all content uploaded and has the right to monitor user accounts at all times, without informing users.

   3. When you provide your contact information, you agree to be contacted by OYOapp through that channel of communication. This can be via direct dial calls, automated text messages, and pre-recorded message calls. Users may be required to authenticate themselves. OYOapp is not responsible and cannot be held liable for verification or non-verification of a user’s identity.

   4. OYOapp may use GPS locator capabilities to identify your current location and if you provide a mobile phone number, email address and mailing address, you agree to receiving SMS text messages, phone calls, emails, push notifications, in-app communications, and mail. If you incur any charges from your cell phone carrier, you are responsible for these charges. You agree to be responsible for any additional charges not mentioned.  OYOapp may contact you to notify you to share details regarding your account, troubleshoot bugs/defects, resolve a dispute, collect debt, obtain your opinion, marketing purposes and you agree to being contacted via any communication channel provisioned to us  

   5. You can opt out directly by reaching out to support@OYOapp.com requesting to be opted out.

9. Appointment Booking & Payment Expectations

   1. OYOapp provides booking functionality to Users for the purpose of assisting Business Owners and Customers with appointment booking opportunities/efficiently managing their calendars. OYOapp will not be held liable for bugs, glitches, defects, errors in double-booking, no shows, cancellations, and any appointments that disappear. By using OYOapp, all users agree to receive notifications, appointment confirmations and reminders either within OYOapp or by email. OYOapp will not be held liable in the event an appointment confirmation or reminder is not sent to or received by a user.

   2. OYOapp is not responsible for customers or Business Owners canceling or not showing up to appointments. Business Owners could incur fees associated with Stripes policy and expectations.  Cancellation timeframes are determined by the Business Owner upon the creation of the service and customers/Business Owners who book services would have to adhere to the Business Owners cancellation expectations. All OYOapp users may be charged a cancellation fee and any refunds would be managed solely by the Business Owner.

      1. Customers and or Business Owners who cancel or fail to show up for multiple bookings may have their Accounts terminated, at the sole discretion of OYOapp. Especially in the event that the user account has been reported several times.

      2. All OYOapp users agree to book appointments and attend those appointments while ensuring the Business Owner is fully paid for rendering their services. Resales are prohibited and are ground for account termination. 

   3. OYOapp offers 3rd party integrated payment services through stripe for Business Owners and Customers to transact amongst each other (Customers sending payments for services to Business Owners and Business Owners sending payments to Business Owners). OYOapp does not collect a fee from each transaction and holds the right to change this decision at any time for any amount without sending prior notice to all users. All fees currently, are managed by Stripe in accordance to the charge and tax for each service set by each Business Owner. Each Business Owner will have their own Stripe account. Business Owner account users create their Stripe account once OYOapp account creation has been completed. Once the Stripe account has been created, some time is required for Stripe to complete their verification step. If there are any additional charges incurred by the business owner, the expectation is for that business owner to resolve the costs or dispute with Stripe. Business Owners are responsible for paying their monthly subscription payments to OYOapp. OYOapp reserves the right to change the monthly subscription cost at any time without sending any prior notice to all users. Business Owners who fail to pay their monthly subscription payment understand there will be limited access to OYOapp until their monthly subscription bill is paid in full. All users acknowledge and agree OYOapp is not responsible for any additional charges beyond the monthly subscription fees. All payments (both the monthly payment to OYOapp and business owner transactions) are automated with a triggering action of complete payment initiated by Customer or complete appointment initiated by the Business Owner.

   4. The prices and the terms of payment for Business Owner services are displayed at the time of booking in OYOapp. Business Owners have the right to modify and change their cost for the services at any time at their own sole discretion (as long as it doesn’t impact existing ongoing/in flight appointments). Taxes are managed between the Business Owner and Stripe.

   5. All users must provide valid credit or debit card account information to OYOapp to participate in a successful transaction. Users may add, delete, and edit their credit or debit card account information. All users acknowledge and agree to our use of Stripe/3rd third-party integrations payment gateway to process payments and manage debit and credit card information. All issues or disputes will be managed amongst Business Owners, Customers and Stripe without the involvement of OYOapp.

   6. By providing debit or credit card account information in OYOapp, all users acknowledge and agree they are the legal owners of those banking products, you are legally authorized to use these products via transactions, you will always ensure a sufficient amount of funds (or credit) in the account to cover the payment for the service received or to be received. Business Owner account users agree and acknowledge the automated transaction (triggered by the mark completed button), initiates the remaining or full payment process to ensure the Business Owner receives the appropriate payment for the service. Customers are also able to send their payment with the (send payment button) for services received. If a customer has not paid for a service rendered by a Business Owner account holder, the Business Owner account holder is responsible for reaching out to the customer to ensure proper payment. All users acknowledge and accept the binding agreement to take full 100% ownership of the financial responsibility for all services booked in OYOapp.

   7. All the receipts for the transactions connected with the Payment Services are visible in your OYOapp account (payment history) and within your Stripe account. OYOapp is not liable for any payments that are not completely successful for whatever reason. For ex., insufficient funds, credit limit was reached, account overdraft, lack of accurate credit or debit card information, expired credit or debit card, power outage, internet disruption, device lock or power outages or failure. Business Owners are solely responsible for ensuring Customers pay them and Customers are solely responsible for paying for services received.

10. Accounts Expectations & Guidelines

    1. All account users (especially Business Owners) will not use OYOapp accounts for any illegal activity or goods, distribution or redistribution of drugs and firearms (including ammunition, and other weapons), betting, gambling, illegal money transfers, financial securities, pyramid selling or multi-level marketing, counterfeit of any kind, alcohol, tobacco, violence terrorism, racism. Users who infringe on these terms will have their accounts terminated.

    2. In order to use OYOapp, a user account must be created. By opening an account, you agree to comply with this document and the Privacy Policy. You agree to use OYOapp in good faith to render legal services to customers in a timely and accurate manner. It is your responsibility to provide true/valid and accurate information. Stripe will initiate a Know Your Customer (KYC) process to verify your Business Owner account and they have the right to deny your Stripe account. You agree to notify Stripe & OYOapp upon this kind of situation as well as when you notice along with any breach in your Stripe account. You agree to inform OYOapp if you ever notice any breach in your OYOapp account.

    3. OYOapp users will be given access to create accounts online via Web or Mobile App. By creating your account, you agree to provide true, accurate information (none deceitful) to the best of your knowledge and agree to maintain/ensure your account information is consistently accurate. All users acknowledge and agree not to share their password with anyone. OYOapp provides users the ability to create profiles, upload and import content while communicating with other users via booking, comments payments, and ratings. 

    4. When importing contacts from your email service provider, the only contacts that can be uploaded into the OYOapp system are contacts who have a name and email address within your contact list.
       
       

11. Free Trials & Monthly Fees

    1. Creating a Business Owner account and going through a free trial is of no cost. A free trial lasts 7 days. OYOapp reserves the right to change the timeframe of the free trial anytime without sending out a notice to the users prior to initiating the change. Once the free trial is over, the Business Owner is responsible for paying the monthly subscription fee of 15 per month. All information in Business Owner accounts must be valid, true, accurate and up to date.OYOapp reserves the right to change the monthly subscription fee anytime without sending out a notice to the users prior to initiating the change. 

    2. OYOapp customer accounts are free. These accounts are equipped with the ability to be upgraded to a Business Owner account. All information in customer accounts must be valid, true, accurate and up to date. OYOapp reserves the right to close any user account at any time without prior notice.

    3. OYOapp collaborates with 3rd party platforms who have their own Terms of Use and Privacy Policies. As a user you agree that your information (including but not limited to your name, business name, address, website, telephone number, email address, hours of operation, biography/profile description, service description, schedule of availability, services offered, prices, reviews, and past work images). By using OYOapp, you grant OYOapp approval in perpetuity to use any and all data along with content for OYOapp marketing, data sharing, and system optimization. Users also acknowledge and agree the use of 3rd party products, have their own Terms of Services (or use) and privacy policies not covered by this document.

    4. A Business Owner account user can cancel their account by emailing support@OYOapp.com. As a Business Owner account user, you acknowledge and agree that there are no refunds so OYOapp will not refund you for any reason (for ex, timeframe remaining in the month, time OYOapp was not used, even if there were no business operations being executed). It is also the Business Owner’s responsibility to inform clients when they have closed or are moving on to another location or business endeavor, un-sync their calendar and deactivate their 3rd party accounts (for ex, Stripe account). A lack of activity (log in) on an account for more than 30 days could lead the account to change into a dormant (inactive) status by which if a Business Owner account user wanted to reactivate a dormant account, the user should email support@OYOapp.com. 

    5. Business Owner account users agree and acknowledge all service sales and bookings are an agreement between the customer and the Business Owner (and could be between a Business Owner and Business Owner). The Business Owner understands that he, she, or it, (however the Business Owner identifies as a user of their Business Owner account) shall be solely responsible for delivering the services purchased by a customer or another Business Owner and that a contract for the service delivery of sale emerges when an appointment is booked by either a customer or Business Owner. Depending on how the service is configured, an advanced payment is requested/placed per the Business Owner configuration of that service. OYOapp does not have a processing fee and could introduce a processing fee in the future without having to provide a notice prior to, to all users. The Business Owner account user is solely responsible for refunds for whatever the reason is. All users agree and acknowledge, OYOapp is not responsible for refunds and or resolving any transactional disputes. All Business Owners must set up their cancellation policies, and state their refund expectations. All service delivery sales are subject to the Federal and State laws.

    6. Business Owner account users are expected to not use their account for drug use, illegal, abusive, defamatory, threatening, invasive acts. Business Owner account users may not steal intellectual property, sell illegal services, products, counterfeit/fake products/services, hazardous products, money launder, or traffic any substance. All Business Owner account users agree and acknowledge that OYOapp can request confirmation of their service industry license at any time and it must be furnished in less than 7 days. All Business Owners agree and acknowledge that OYOapp expects all legal required efforts necessary for each Business Owner account user to be in business has been completed by the business owner account user as per the state laws & jurisdiction regulations.

    7. Any and all governmental employees, agencies, and/or agents including investigators must identify themselves to OYOapp upon entering the OYOapp system and share their intent of visit before creating an OYOapp user account (Business Owner or Customer). The method of contacting OYOapp is to email us at Support@OYOapp.com.   

    8. Business Owners are required to list their service(s) by completing all the required fields within the service creation screen and describe the service(s) being provided accurately with all expectations.

    9. The Business Owner account user is responsible for maintaining and updating their calendar to display accurate availability at all times so customers are able to book their services accordingly. The Business Owner account users agree and acknowledge OYOapp will not be held responsible for double bookings, schedule related errors, bugs, defects and glitches.

12. Service Delivery Expectations 

    1. Business Owner account users agree and acknowledge to sell services ethically without any deceit, false or misleading information about their services. Business Owner Account Users agree to conduct themselves in an ethical manner that is not racist, immoral, unlawful and deceitful (especially with service ratings and comments). All Business Owner account users agree to comply with Stripes terms and policies. Business Owner account users agree to comply with federal and state laws and regulations including legal compliance related to the service industry they are in. 

    2. Business Owner account users will have the sole responsibility of managing the sharing and integration (copy and pasting) of the link to their profile page to their websites, social media platforms and any other web destination. Business Owner account users understand OYOapp is not liable to anything that may emerge from sharing and or the integration of their link of their business with people, websites, social media platforms and other web destinations.

    3. Business Owner account users have the right to accept or decline appointments (by canceling or not having calendar availability). Business Owner account users must provide transparency on the policies for their services for the following: prepayment policies, cancellation policies, return policies, and payment policies. A failure to provide policies could result in account suspension and or termination. 

    4. OYOapp offers no refunds to monthly subscribers of Business Owner accounts. Business Owners are solely responsible for the refunds and chargebacks between themselves, customers and other Business Owners. Stripe can be contacted for assistance if any transaction issue cannot be resolved amongst all users. All users agree OYOapp is not involved in triaging or resolving transactions between users.

    5. All situations whereby funds are withheld or insufficient, users would have to resolve the situation amongst themselves. All users agree, and acknowledge, OYOapp is not responsible for any withheld and or insufficient funds. Stripe can be contacted for assistance if any transaction issue cannot be resolved amongst OYOapp users. 

    6. Once a Business Owner account user creates an OYOapp account, the user will be prompted to create their payment information and banking details through Stripe. Upon the creation of your Stripe account, payout expectations, (specifically which bank account you would like your payments to be deposited into) will be provided. For more details (payout schedules, refunds, chargebacks, overall fees) about your Stripe account. All users agree and acknowledge OYOapp is not responsible for any delay of payout (this is solely a responsibility between the Business Owner account user and Stripe).

    7. Business Owner account users agree and acknowledge it is their responsibility to provide OYOapp and Stripe accurate and up to date payment and banking details. Failure to provide current information could lead to a lag in payouts or funds being held by Stripe. 

    8. OYOapp will attempt to ensure the OYOapp system (Web and Mobile app) is bug free. OYOapp will attempt to resolve bugs as soon as they are identified and or informed by OYOapp users. If there are any errors noticed (especially those that impact a user’s transaction/payout), all users are to inform us via Support@OYOapp.com and we will initiate efforts to resolve the bug(s) as soon as possible. Failure to inform us and Stripe of a bug(s) that impacted a transaction within 30 days could be non-refundable by Stripe. 

    9. Business Owner account users agree and acknowledge to share their return & cancellation policies at the time of booking/purchase of service. If return & cancellation policies are not clearly shared between the Business Owner and Customer (or another Business Owner), if a dispute arises, the dispute must be resolved between the users involved in the transaction. OYOapp is not responsible or held liable for resolving this issue. The OYOapp account users should reach out to Stripe for assistance with identifying a resolution (if needed) and understanding fees involved with and without recourse. All Business Owner account users agree to comply with Stripe’s terms and policies.

    10. All OYOapp users (Business Owners & Customers) agree and acknowledge by agreeing to this document, waive their right to pursue any legal claims, and lawsuits against OYOapp. All users agree to resolve all issues amongst OYOapp users, Stripe and with OYOapp.

    11. All OYOapp users (Business Owners & Customers) are responsible for determining and paying all necessary types of taxes (taxes incurred, required, to be collected, paid, or withheld) for any and all reasons according to your federal and state tax codes. All OYOapp users are solely responsible for collecting, withholding, reporting, and remitting correct taxes to the appropriate tax authority (either monthly, quarterly or annually). OYOapp is not responsible for determining where taxes apply, calculating how much taxes are or should be, collecting, reporting or remitting, any tax information to any authority arising from any transaction

    12. All OYOapp users can access their payment history and (Business Owners) can access their performance dashboard at any time. The payments feature has tracking details from transactions while the performance dashboard has data covering key performance metrics (such as sales, tips, customer satisfaction, visit overview like total appointment, cancellations and no shows). OYOapp will attempt to keep these features along with all other features (the whole OYOapp system) bug free and with accurate information. OYOapp does not guarantee the OYOapp system will be bug free consistently and always accurate. All OYOapp users agree they are encouraged to maintain their own transaction history and performance data along with verifying it with a professional accountant. All OYOapp users acknowledge they are using the OYOapp system at their own risk. OYOapp will not be held responsible in the event some data, content or information is inaccurate or incomplete.

13.  Intellectual Property 

    1. This agreement to pay for a monthly subscription to an OYOapp user account is not a license to any software or intellectual property. All materials (herein text, photographs/images, videos, audio, sound, graphics, data, content) and intellectual property is owned by OYOapp LLC and are protected by U.S. and international copyright, trademarks, service marks, and other proprietary rights, laws, and treaties. All users and non-OYOapp users may not infringe, remove, alter, record, copy, or counterfeit any material or IP of OYOapp. All perpetrators will be prosecuted to the highest extent of the law. The only right OYOapp users have is to be able to use the OYOapp system at their own risk. You acquire no rights or licenses whatsoever in the Materials other than the ability to access and use the Services in accordance with this agreement. Any of the Materials accessed or downloaded from this site must be accessed or downloaded in accordance with this agreement. 

    2. OYOapp LLC owns all and every information inserted, inputted, uploaded, migrated, keyed in / added into OYOapp. All text, photographs/images, videos, audio, sound, graphics, data, content are owned by OYOapp LLC. All OYOapp users automatically grant OYOapp non-exclusive, worldwide, perpetual, irrevocable, royalty-free, rights to all content introduced to your account. All users agree to OYOapp storing data, editing/reformatting user content the way OYOapp choses. 

    3. All OYOapp users have OYOapp user accounts, nothing beyond this. These accounts can be terminated at any point for reasons OYOapp can choose to disclose or not disclose. Users are responsible for ensuring they are using the latest devices to have a good user experience. OYOapp may have a business relationship with 3rd parties, affiliates and brand ambassadors to whose products and/or services we link and promote in OYOapp. Because of this relationship, we may earn a commission on products and or services purchased by a user. All 3rd parties have their own Terms of Agreement and Privacy Policies. OYOapp users are encouraged to review and understand 3rd party documents and expectations on their own.Should you have any questions, comments or concerns regarding OYOapp, contact us via email at support@OYOapp.com. 

14. Business Information Transparency

    1. OYOapp users are able to see business information on connected and non-connected users. Business Owners and Customers will be able to view business information (Name, business name, birthdate, phone number, gender, email address, physical business address, website address, experience years, expectations/policies, business review rating, pictures of previous work). With consent from the customers and business owners, OYOapp users can send business information to each other without SPAMMING. OYOapp has the right to retract users consenting with each other to send business information at any time without prior notice to users.

    2. All OYOapp users agree and acknowledge all feedback provided to OYOapp through focus groups, conference calls, individual meetings, formal and informal communication are opinions (which includes but is not limited to ideas, concepts, proposals, suggestions, inputs, and tips). All OYOapp and non OYOapp users who provide opinions of the types mentioned agree and acknowledge these opinions (which includes but is not limited to ideas, concepts, proposals, suggestions, inputs and tips) are provided for free with nothing in return. OYOapp will not be held responsible for any opinions implemented or not implemented because there are opinions internally motivated that could be the same, similar or somewhat like the opinion received.

    3. All OYOapp users agree and acknowledge all integrations with 3rd parties could generate errors. OYOapp is not responsible for any level of accurate information domiciled within 3rd party sites and or platforms or any damages encountered from 3rd party sites. OYOapp will attempt to ensure all integrations are working without bugs, glitches and errors. However, OYOapp users agree all risks originating from 3rd party integrations are not owned by OYOapp. Users agree to be compliant with 3rd party terms of service and privacy policy.

    4. OYOapp users agree and acknowledge the use of OYOapp is at the sole risk of the user. OYOapp does not guarantee the OYOapp system will be error free and without bugs nor does OYOapp guarantee accurate data consistently at all times. Using OYOapp is an experience, OYOapp will not be held liable for unfavorable/bad experiences, delays, interruptions, service failures, restrictions, functionality limitations, functionality challenges, and issues outside the control of OYOapp. All users agree to not hold OYOapp responsible or any of our affiliates and 3rd parties, for any errors, defects, bugs, glitches, data loss, business loss, monetary loss, loss of client, or any losses or negative impacts originating from the use of the OYOapp system. 

    5. All users agree and acknowledge all users (Business Owners & Customers) are solely responsible for their interactions between each other. All users agree sole responsibility to any and all claims, injuries, illnesses, damages, liabilities, and costs suffered by the user, or your business as a result of your interaction with a user or visit to any Business Owner for a service. All users agree to waive and relinquish all rights and benefits under any law of any jurisdiction that provides a basis of pursuing legal action at OYOapp LLC. All users agree and acknowledge full responsibility with resolving their legal matters on their own or with the other involving the user or users. Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this document, and the arbitration choice related to the controversy, dispute, demand, count, claim, or cause of action) between an OYOapp user and OYOapp LLC shall be settled exclusively in confidence between OYOapp and its users or non-users. Arbitration shall be subject to being resolved between the parties involved and OYOapp LLC. All users agree to forfeit their right to go to court to assert or defend their rights in claims, lawsuits and or any legal matters against OYOapp LLC. 
       
       

15. Force Majeure 

    1. OYOapp shall not be bound to meet any obligation if prevented from doing so as a consequence of acts of God (or force majeure), including but not limited to measures taken or imposed by any government, public authority or in case of any other event beyond the control of us, including but not limited to natural disasters (such as a storm, hurricane, fire, flood, earthquake, electromagnetic pulse, heatwave), war, civil unrest, terrorist activities, states of emergency, government sanctions, embargos, nationalizations, strikes and breakdowns of public utilities (such as electricity or telecommunication services). OYOapp shall use all reasonable efforts (most likely via email, text or inapp notification) to notify you of the circumstances causing the delay and estimated time OYOapp will be back on.

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