Terms and Conditions of Use

These Terms and Conditions of Use (the “Terms”) are published by AXXO, located at 410 rue Saint-Nicolas, Suite 236, Montréal, QC, Canada, hereinafter referred to as the “Company”. Access to and use of AXXO’s services imply full and complete acceptance of these Terms and Conditions of Use.

These Terms and Conditions of Use (the “Terms”) constitute an agreement between you, the user of the platform, whether a hair professional, salon owner, or independent hairstylist (“user”, “you”, or “your”), and AXXO, Inc. (“AXXO”, “we”, “us”, or “our”), regarding your access to and use of the website www.getaxxo.com (the “Site”).

Please note that we offer several services. The use of our services and tools, including our online business management software dedicated to hair salons, is governed by specific agreements applicable to each product and service used.

We invite you to read these Terms carefully before using the Site.

These Terms constitute a legal agreement governing your use of the Site. By accessing or using the Site, you accept these Terms, either on your own behalf or on behalf of the entity you represent. You also represent and warrant that you have the right, authority, and capacity to accept these Terms, either on your own behalf or on behalf of the entity you represent.

In most cases, your private data on this system is viewed only by you, your professional, and the members of your team. However, as system operators, we may need to review your data and communications for quality purposes. Our servers and data are hosted in Canada, which means that the data will be subject to the jurisdiction of Canadian laws and courts. By using our service, you agree that your information and your clients’ information may be hosted in Canada.

These Terms may be revised at any time and for any reason. We reserve the right to modify these Terms and to notify you by any reasonable means, including by publishing the updated version on our website.

You may verify the date of the most recent update to these Terms by referring to the “Last Updated” notice indicated at the beginning of the document.

By accessing, browsing, or using the Site after changes have been published, you accept those changes. We recommend that you review this page regularly in order to stay informed of any updates to the Terms.

To access certain features of the platform, you will need to create an account and provide certain information about yourself, as well as details about your salon or professional activity, through the registration form.

Each user may have only one account on our platform, whether it is an individual account or an account associated with a salon. Your account is strictly personal, non-transferable, and may not be sold, assigned, merged, or shared with a third party under any circumstances. You are responsible for maintaining the confidentiality of your login credentials and for the use of your account. By creating an account, you agree to:

• Provide accurate, current, and complete information when registering.
• Maintain and update your information so that it remains accurate and complete.
• Ensure the security of your login credentials and not share them with third parties.
• Be responsible for the actions or omissions of any person who accesses your account with your authorization.
• Notify us immediately of any suspected security breach related to your account or the use of the platform.

You may modify your registration information by following the instructions available on the platform. In addition, you may delete your account at any time and for any reason by following the steps indicated on the Site. AXXO reserves the right to suspend or terminate your account if it determines that you have failed to comply with these Terms of Use.

Subject to these Terms, AXXO grants you a non-exclusive, non-transferable, and revocable right to access and use the web and mobile platform solely for the purpose of managing your hair salon or your activity as a self-employed professional in the hair and beauty industry.

You are responsible for ensuring that your equipment, including your computer, laptop, tablet, or any other mobile device, meets the technical specifications required to access and use the platform and is compatible with it.

You must ensure that all information provided during registration is accurate and up to date.

If a login credential, such as a username, password, or any other identifier, is assigned to you as part of our security procedures, you must keep it strictly confidential and must not disclose it to any third party.

You are fully responsible for all activities carried out using your login credentials. In the event of unauthorized use of your account or any other security breach, you must notify us immediately. We reserve the right to disable any login credential at any time if we believe that you have violated any provision of these Terms or if the information provided during registration proves to be inaccurate or misleading.

The rights granted to you under these Terms are subject to the following restrictions:

• You may not license, sell, rent, assign, distribute, host, or commercially exploit the platform, in whole or in part, or any content displayed on it, except in connection with the management of your hair salon or your activity as a self-employed hairstylist.
• You may not modify, create derivative works from, disassemble, decompile, or reverse engineer any part of the platform.
• You may not access the platform for the purpose of developing a similar or competing website, product, or service.
• Except as expressly provided in these Terms, no part of the platform may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means.

Unless otherwise indicated, any update, enhancement, or new feature added to the platform will be subject to these Terms.

All copyright notices and other intellectual property notices appearing on the platform, or on any content displayed on it, must be retained on all copies.

If you use our platform, AXXO’s Privacy Policy applies and forms an integral part of these Terms of Use. You may consult our full Privacy Policy at: https://getaxxo.com/privacy-policy/. This policy describes in detail the collection, use, storage, and disclosure of personal information that you provide or that we collect through the platform.

We implement advanced security measures to protect your personal data and to prevent unauthorized access, loss, or alteration of your information. We use encryption technologies and secure protocols, particularly for the transmission of sensitive information such as payments.

However, since no system is completely invulnerable, we cannot guarantee absolute security for data transmitted over the Internet. We recommend that you take additional precautions, such as using secure passwords and protecting your devices against intrusions.

“User Content” means any information, data, or content that you submit, upload, display, post, or transmit on the AXXO platform, whether in private or public areas. This includes, without limitation, reviews, comments, photos, videos, logos, trademarks, or any other identifiable element.

You are solely responsible for your User Content and assume all risks associated with its use, including its reliability, accuracy, and usefulness for other users; any unintended disclosure of personal information concerning you or a third party; and any violation of these Terms or of a third party’s rights. AXXO does not endorse, sponsor, or validate any User Content published on its platform.

By posting User Content, you agree to:

• Provide only lawful content that complies with these Terms.
• Not post misleading, defamatory, offensive, or inappropriate content.
• Not post content that infringes the intellectual property rights of a third party, such as images, trademarks, or videos used without authorization.
• Not transmit unsolicited advertising, spam, or disguised promotional content.
• Not impersonate another person or entity.
• Not post content containing viruses, malware, or any other harmful code.

You agree that, by submitting content, comments, or any other information to AXXO, including any User Contribution, you grant AXXO and its affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, and fully transferable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Contributions, in whole or in part, and/or to incorporate them into other works, in any format, medium, or technology now known or later developed.

You also waive any moral rights that you may have in such User Contributions, including the right to be identified as the author. AXXO has no obligation to retain your User Content or to provide a backup service. Your content may be deleted at any time, without notice. You are solely responsible for creating and retaining your own copies of any User Content that you wish to preserve.

AXXO shall not be liable for any loss or damage resulting from interactions between users related to User Content. In the event of a dispute between you and another user, AXXO has no obligation to intervene. Although we do not systematically monitor User Contributions before publication, we reserve the right, at our sole discretion, to remove, modify, or edit any User Contribution that you submit and/or to close any topic at any time and without notice.

If you identify inappropriate content, you may submit a complaint to support@getaxxo.com, specifying the details of the content in question.

By using the AXXO platform, you agree not to collect, upload, transmit, display, or distribute any User Content that:

• Violates the rights of a third party, including copyrights, trademarks, patents, trade secrets, moral rights, privacy rights, or any other intellectual property rights.
• Is unlawful, harassing, abusive, threatening, defamatory, false, obscene, vulgar, or promotes violence, discrimination, hatred, or harm toward an individual or group.
• Is harmful to minors in any way.
• Violates any applicable law or regulation.
• Contains sensitive financial information, such as credit card numbers or banking information, or health data relating to a third party.

You also agree not to:

• Transmit viruses, worms, or any other harmful software designed to alter the operation of a computer system.
• Send unsolicited advertising messages, spam, chain emails, or unauthorized marketing.
• Collect or extract personal information from other users without their consent.
• Disrupt, interfere with, or overload the platform’s servers or networks.
• Access or attempt to access the Site, databases, or associated systems without authorization.
• Use bots, scripts, or any automated program to create accounts or extract data from the platform.
• Attempt to analyze, copy, or reproduce the platform’s features in order to develop a competing service.
• Create or display a misleading link to the platform suggesting an affiliation or partnership that does not exist.

AXXO reserves the right, without being obligated to do so, to review any User Content and take appropriate measures in the event of a violation of these Terms; remove or modify content and suspend or terminate accounts in breach; and report offending users to the competent authorities in the event of a serious violation of the law.

AXXO may investigate any violation and initiate legal proceedings if necessary. In the event of non-compliance with these Terms, all of your access rights to the platform will be immediately revoked.

You may submit questions, comments, suggestions, ideas, original or creative material, or any other information concerning AXXO or the platform, collectively referred to as “Feedback”. Feedback is non-confidential and will become the exclusive property of AXXO. By submitting Feedback, you assign to AXXO all related rights and agree that AXXO may use and disclose it freely, without restriction, and in any manner it considers appropriate. You agree not to submit information or ideas that you consider confidential or proprietary.

The AXXO platform may occasionally contain links to external sites, including offers or promotions from third parties. These links are provided solely for informational purposes and to allow you to access information, products, or services that may be of interest to you. However, AXXO is not responsible for the content of these external sites or for the services or products they offer. AXXO does not guarantee their continued availability or reliability and does not endorse or approve the operators, products, or services of these third-party sites. The inclusion of these links does not imply any affiliation or partnership with their owners or promoters. AXXO reserves the right not to include, or to remove, an external link at any time without notice.

To the fullest extent permitted by applicable law, you agree to defend, hold harmless, and indemnify AXXO, its subsidiaries, affiliates, business partners, licensors, service providers, and clients, as well as their officers, employees, agents, and representatives, from and against any claim, liability, cost, or damage, including reasonable attorney’s fees, arising from: your use of the AXXO platform; any User Content that you post or transmit through the platform; any violation of these Terms by you; or any infringement of a third party’s rights, including copyright infringement, defamation, or invasion of privacy. You also agree that AXXO will retain control of the defense or settlement of any claim brought by a third party. This indemnification is in addition to any other indemnification provided in any applicable written agreement between you and AXXO.

Except as expressly provided in our Terms of Use, we make no representation or warranty regarding the accuracy, completeness, timeliness, reliability, integrity, quality, fitness for a particular purpose, or originality of any content on the Site. To the fullest extent permitted by law, all implied warranties, conditions, or other terms of any kind are excluded, and we accept no liability for any loss or damage of any kind incurred as a result of your use, or any other person’s use, of the Site or reliance on its content.

Although we attempt to keep the Site safe and secure, we do not guarantee that any content on the Site will be free from viruses or other code that may contain contaminating or destructive elements. You are responsible for implementing appropriate IT security measures, including antivirus and other security checks, to meet your own requirements for the security and reliability of content.

We may, from time to time and without notice, restrict access to certain features, portions, or content of the Site, or to the entire Site, for users who have registered with us. We do not guarantee that the Site will operate continuously, without interruption, or without error. Certain features, portions, or content of the Site, or the entire Site, may become unavailable, whether scheduled or unscheduled, or may be modified, suspended, or withdrawn by us, at our sole discretion and without notice. You agree that we will not be liable to you or any third party for any unavailability, modification, suspension, or withdrawal of the Site, or any feature, portion, or content of the Site.

These Terms, and any dispute or claim arising out of or relating to them, including non-contractual disputes, are governed by and interpreted in accordance with the laws of Canada, without regard to conflict of law principles. Any dispute arising from the use of the platform or these Terms will be submitted exclusively to the competent courts of Canada. However, AXXO reserves the right to bring proceedings against you in your country of residence or in any other competent jurisdiction if it considers it necessary.

In the event of a dispute between AXXO and a user, the parties agree to attempt to resolve the dispute amicably, in good faith, and within a reasonable period of time, not exceeding 30 days. If no agreement is reached, the dispute may be submitted to mediation. If mediation fails, each party will be free to exercise the remedies available under applicable law.

Unless otherwise provided by law, any claim under these Terms must be brought within one (1) year after the dispute arises; otherwise, it will be deemed time-barred.

Subject to the provisions of this Section 17, these Terms remain in effect for as long as you use the platform. We reserve the right to suspend or terminate your access to the platform, including your account, at any time and for any reason, at our sole discretion, including in the event of non-compliance with these Terms. Upon termination of your rights of use, your account and your access to the platform will be immediately deleted. Deletion of your account may result in the deletion of your User Content from AXXO’s active databases. AXXO shall not be liable for the deletion of your account or any associated User Content. If we terminate these Terms, this does not constitute a waiver of AXXO’s rights, and AXXO may still exercise any remedies available under applicable law.

To the fullest extent permitted by law, in no event shall AXXO, its subsidiaries, affiliates, licensors, service providers, employees, agents, officers, or directors be liable for any damages whatsoever, under any legal theory, arising out of or in connection with your use of, or inability to use, the platform, any third-party site linked to the platform, or any content available on the platform or on a third-party site. This includes, without limitation, direct, indirect, special, incidental, consequential, or punitive damages, such as personal injury, pain and suffering, emotional distress; loss of revenue, loss of profits, loss of business or anticipated savings; loss of use, damage to reputation, or loss of data; or any other loss, whether caused by negligence, breach of contract, or otherwise, even if the damage was foreseeable. This clause does not affect any liability that cannot be excluded or limited under applicable law.

Communications between you and AXXO take place electronically, whether through the use of the platform, the sending of emails, or the posting of notices on the Site. By accepting these Terms, you consent to receive communications from AXXO in electronic form; and acknowledge that all contractual documents, notices, disclosures, and other communications provided electronically by AXXO have the same legal effect as if they were provided in paper form. This provision does not affect your non-waivable rights under applicable law.

These Terms constitute the entire agreement between you and AXXO regarding the use of the platform and replace any prior agreement or understanding concerning the same subject matter. However, if you or your business have signed a separate written agreement with AXXO governing the use of the platform, that agreement will prevail in the event of a conflict with these Terms. AXXO’s failure to exercise a right or enforce a provision of these Terms does not constitute a waiver of that right or provision. The section headings in these Terms are provided for convenience only and have no legal or contractual effect. The term “including” means “including, without limitation”. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in effect, and the invalid provision will be modified so as to be valid and enforceable to the fullest extent permitted by law. Neither party to these Terms is an agent or partner of the other. You may not assign, subcontract, delegate, or transfer your rights or obligations under these Terms without AXXO’s prior written consent. Any attempt to do so will be considered null and void. AXXO may freely assign these Terms, in which case they will remain binding upon the beneficiaries of such assignment.