By accessing or using haircontinuity.com (the "Website," "Service," or "Application"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Service. These Terms constitute a legally binding agreement between you and Fishdarn LLC ("Company", "we", "us", or "our"), the operator of haircontinuity.com.

haircontinuity.com is a subscription-based record keeping web application designed for hair care professionals and related businesses. The Service allows users to store, organize, and manage client records, appointments, formulations, and other business-related information. The Service includes AI-powered features that use Google Gemini to analyze and summarize client visit data. Access to the Service requires an active paid subscription.

To use the Service, you must:

• Be at least 18 years of age
• Create an account with accurate and complete information
• Maintain an active paid subscription (after the free trial period)

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account or any other breach of security.

We offer various subscription plans with different features and pricing. Current plans and pricing are available on our website and may be modified at our discretion.

• Subscriptions are billed on a recurring basis (monthly or annually, depending on your selected plan)
• You authorize us to charge your payment method automatically at the beginning of each billing cycle
• All fees are non-refundable except as required by law or as expressly stated in these Terms
• You are responsible for providing current, complete, and accurate billing information
• If payment fails, we may suspend or terminate your access to the Service

We reserve the right to change subscription prices at any time. We will provide at least 30 days' notice of any price increases. Your continued use of the Service after the price change takes effect constitutes your acceptance of the new price.

New users receive a 60-day free trial period. No payment information is required to start your free trial. At the end of the 60-day trial period, you must subscribe to a paid plan to retain access to your account and data. If you do not subscribe within 30 days after your trial ends, your account and all associated data will be permanently deleted.

You may cancel your subscription at any time through your account settings or by contacting us. Cancellation will take effect at the end of your current billing period. After your subscription ends, your account will enter a 30-day grace period as described in Section 5.4. No refunds will be provided for partial billing periods.

You retain all ownership rights to the data, records, and content you store in the Service ("Your Data"). You grant us a limited license to store, process, and display Your Data solely for the purpose of providing the Service to you.

You are solely responsible for:

• The accuracy, legality, and appropriateness of Your Data
• Maintaining backup copies of Your Data
• Complying with all applicable laws regarding client data, including privacy laws and data protection regulations (such as GDPR, CCPA, HIPAA where applicable, and state-specific privacy laws)
• Obtaining necessary consents from your clients to collect, store, and process their information
• Obtaining explicit consent from clients before photographing them and storing their images in the Service
• Informing your clients that their data may be processed using third-party artificial intelligence services (Google Gemini) for analysis and summarization features
• Informing your clients that photos are stored on third-party servers (Cloudflare R2) but are NOT processed by AI services
• Using the photo sharing feature responsibly and only sharing client photos when you have proper authorization
• Protecting client confidentiality and privacy in accordance with applicable laws and professional standards

Your Data may be processed by third-party service providers, including Google Gemini for AI-powered features and Cloudflare R2 for photo storage. See our Privacy Policy for details on how third-party services process your data.

While we implement reasonable security measures to protect Your Data, we cannot guarantee absolute security. You acknowledge that you use the Service at your own risk.

• If your subscription expires or you do not subscribe after your free trial ends, your account will enter a grace period of 30 days
• During the 30-day grace period, you will not have access to the Service but your data will be retained
• After 30 days without an active subscription or trial, your account and all associated data will be permanently and automatically deleted and cannot be recovered
• If you wish to retain your data, you must either maintain an active subscription or export your data before the grace period ends
• We strongly recommend regularly exporting your data as a backup measure

• Client photos uploaded to the Service are stored on Cloudflare R2 via Laravel Cloud
• Photos are stored separately from other data and are NOT processed by artificial intelligence services
• Photos are private by default and only accessible to you
• You have the ability to share photos at your discretion through the Service
• You retain all ownership rights to photos you upload
• By uploading photos, you grant us a limited license to store, display, and transmit photos solely for the purpose of providing the Service to you
• You represent and warrant that you have obtained all necessary consents and rights to upload and store client photos
• Photos are subject to the same 30-day retention policy as other data after your subscription ends
• You are responsible for ensuring photos comply with our Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Store any illegal, harmful, or offensive content
• Upload photos of clients without their explicit consent
• Upload photos of minors without proper legal authority and parental consent
• Upload sexually explicit, nude, or inappropriate photos
• Upload photos that violate anyone's privacy, publicity, or other rights
• Share client photos without proper authorization from the client
• Store data of minors without proper legal authority and consent
• Violate any applicable laws, including but not limited to privacy laws, data protection regulations, and professional licensing requirements
• Use the Service to spam, harass, or harm others
• Attempt to gain unauthorized access to the Service or other users' accounts
• Interfere with or disrupt the Service or servers
• Use automated scripts, bots, or scrapers to access the Service
• Reverse engineer, decompile, or attempt to extract the source code of the Service
• Resell, sublicense, or redistribute access to the Service
• Share your account credentials with others

The Service, including its design, features, functionality, software, and all related intellectual property rights, is owned by Fishdarn LLC and is protected by copyright, trademark, and other intellectual property laws.

Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your business purposes.

You may not copy, modify, distribute, sell, or lease any part of the Service, nor may you reverse engineer or attempt to extract the source code of the Service.

Your privacy is important to us. Our Privacy Policy explains how we collect, use, store, and protect your personal information and Your Data. By using the Service, you consent to our data practices as described in our Privacy Policy.

As a user storing client information, you are responsible for complying with all applicable data protection and privacy laws in your jurisdiction, including obtaining necessary consents and providing required privacy notices to your clients. This applies regardless of whether you are a licensed professional or operate in any specific capacity.

The Service uses third-party service providers to deliver certain features and functionality, including Google Gemini AI (gemini-2.5-flash-lite model) for analyzing and summarizing client visit data (photos are NOT sent to AI services), Cloudflare R2 via Laravel Cloud for photo storage, payment processors for subscription billing, and cloud hosting providers for data storage. When you use the Service, Your Data may be processed by these third-party providers in accordance with their respective terms of service and privacy policies. We maintain contractual agreements with these providers to protect your data, including Data Processing Addendums where applicable. For detailed information about how third-party services process your data, please refer to our Privacy Policy.

We strive to maintain high availability of the Service, but we do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We may add, change, or remove features. We will make reasonable efforts to notify you of significant changes that materially affect your use of the Service.

We may perform scheduled or emergency maintenance that temporarily interrupts Service availability. We will attempt to provide advance notice of scheduled maintenance when possible.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

• THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE
• THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS
• ANY ERRORS OR DEFECTS WILL BE CORRECTED
• YOUR DATA WILL BE COMPLETELY SECURE OR NEVER LOST
• AI-GENERATED SUMMARIES AND ANALYSES WILL BE ACCURATE, COMPLETE, OR ERROR-FREE

AI-POWERED FEATURES: The Service includes AI-powered features that may sometimes provide inaccurate, incomplete, or unexpected results. You should review and verify all AI-generated content before relying on it or using it in your business. AI-generated summaries are provided for informational purposes only and should not be solely relied upon for business or professional decisions.

YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING BACKUP COPIES OF YOUR DATA.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FISHDARN LLC (OPERATOR OF HAIRCONTINUITY.COM) SHALL NOT BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, OR USE
• LOSS OF CLIENT INFORMATION OR BUSINESS RECORDS
• BUSINESS INTERRUPTION
• COST OF SUBSTITUTE SERVICES
• ERRORS, INACCURACIES, OR OMISSIONS IN AI-GENERATED CONTENT OR SUMMARIES
• RELIANCE ON AI-GENERATED CONTENT OR ANALYSES

ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

You agree to indemnify, defend, and hold harmless Fishdarn LLC (operator of haircontinuity.com), its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your violation of any applicable laws or regulations
• Your Data or any content you store in the Service
• Your business practices or failure to comply with client privacy obligations

You acknowledge that:

• haircontinuity.com is a record-keeping tool with AI-powered features and does not provide professional, legal, or business advice
• AI-generated summaries and analyses are provided for informational purposes only and should be reviewed for accuracy before relying on them
• You are solely responsible for your business decisions, professional practices, and client services
• We do not verify the accuracy of information you store in the Service or information generated by AI features
• We are not liable for any errors, client harm, business losses, or legal issues resulting from your use of the Service or reliance on AI-generated content
• You must comply with all applicable laws, regulations, and professional standards that apply to your business or profession
• You are responsible for informing your clients that their data may be processed using artificial intelligence and obtaining any necessary consents
• If you are a licensed professional, you remain subject to all licensing requirements, regulations, and professional standards of practice in your jurisdiction

You may cancel your subscription at any time as described in Section 4.5.

We may suspend or terminate your account immediately, without prior notice or liability, if:

• You breach these Terms
• Your payment fails
• You engage in fraudulent or illegal activities
• We are required to do so by law
• We decide to discontinue the Service

Upon termination:

• Your right to use the Service will immediately cease
• You will lose access to Your Data stored in the Service after the data retention period
• You remain liable for any outstanding fees
• Provisions that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the new Terms on this page with an updated "Effective Date"
• Sending an email to your registered email address
• Displaying a prominent notice on the Service

Your continued use of the Service after the effective date of the modified Terms constitutes your acceptance of the changes. If you do not agree to the modified Terms, you must cancel your subscription.

You may export Your Data from the Service at any time using our data export features. We recommend regularly exporting Your Data as a backup measure. Upon request, we will provide Your Data in a commonly used, machine-readable format, subject to technical limitations and legal restrictions.

These Terms shall be governed by and construed in accordance with the laws of the State of Georgia, United States, without regard to its conflict of law provisions.

Any dispute arising from these Terms or your use of the Service shall first be attempted to be resolved through good faith negotiations. If negotiations fail, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

You agree to resolve disputes with us on an individual basis and waive any right to participate in a class action lawsuit or class-wide arbitration.

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Fishdarn LLC concerning your use of the Service and supersede any prior agreements.

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, pandemics, or government actions.

If you have any questions about these Terms or the Service, please contact us at:

Fishdarn LLC
haircontinuity.com
Email: [email protected]
Address: 3953 Franks Ct, Tucker, GA 30084