Terms & Conditions

The Services (as defined below) and Terms of Use are provided by Harmelix.

IMPORTANT: USERS WHO DO NOT AGREE TO THESE TERMS OF USE SHOULD NOT USE THE SERVICES. THIS AGREEMENT INCLUDES AN ARBITRATION PROVISION AND A CLASS ACTION WAIVER.

Part I – Definitions and Agreement to be Bound

1.1 Definitions

• Booking Services: Refers to the appointment-scheduling services provided by Harmelix through the Harmelix Platform.
• Harmelix Platform: Refers to any mobile, web, or voice application related to Harmelix’s services, designed, developed, and/or offered by Harmelix, accessible via app stores such as iTunes and Google Play, or through third-party services like Amazon Alexa and Google Home.
• Harmelix Website: Refers to the website located at www.Harmelix.com and any affiliated websites owned and operated by Harmelix or its subsidiaries.
• Harmelix Website: Refers to the website located at www.Harmelix.com and any affiliated websites owned and operated by Harmelix or its subsidiaries.
• Customer: Refers to any individual or entity using the Harmelix Platform, Website, or any third-party integration to schedule or manage appointments, browse wellness-related services, and/or pay for services rendered. This includes individuals registering directly with Harmelix or through an SMB (defined below).
• Dispute: Refers to any claim, conflict, controversy, or disagreement arising from or related to these Terms, including but not limited to issues of interpretation, performance, enforcement, or alleged breach of the Terms.
• Material Breach: Refers to any significant violation of these Terms that would compel a reasonable person in the position of the non-breaching party to terminate this Agreement immediately.
• Services: Refers to all services provided by Harmelix, including but not limited to (1) the Harmelix Website, (2) the Harmelix Platform, (3) payment processing services, (4) any hardware or software solutions offered, and (5) additional features or functionalities made available by Harmelix.
• SMB: Refers to a small or medium-sized business that uses Harmelix’s services to enable Customers to book, manage, view, and cancel appointments.
• Terms, Terms of Use, or Agreement: Refers to this document and any amendments, supplements, or additional policies referenced herein
• Harmelix, we, us, or our: Refers to Harmelix LLC. and its subsidiaries, employees, and agents. For users in the United States and other designated regions, Harmelix LLC., located at 442 5th Avenue, Suite 1070, New York, NY 10018, is the legal entity providing the Services. For users in other jurisdictions, references to Harmelix shall apply to the corresponding legal entity in that region.
• User or you: Refers to anyone using Harmelix’s Services, whether as a Customer or SMB.

1.2 Agreement to Be Bound

The following Terms of Use, along with any relevant details outlined on the Services, govern your use of Harmelix. Please read these Terms carefully. By accessing or using Harmelix’s Services, or by clicking accept or agree during registration or use, you represent and agree that:

• You are at least 18 years of age (or 21 in jurisdictions where applicable).
• You are not prohibited by law from accessing or using Harmelix’s Services
• You have read, understood, and agree to these Terms of Use.
• You have the authority to act on behalf of any SMB you register and bind the SMB to these Terms.

These Terms of Use are governed by Harmelix’s Privacy Policy, which outlines how your data is managed and protected. You can view our Privacy Policy at www.Harmelix.com. Additionally, each SMB or integrated third-party platform may have its own Terms of Use that apply to their interactions with Customers.All SMBs, Customers, third-party platforms, and affiliates of Harmelix are deemed third-party beneficiaries of these Terms, entitled to enforce provisions that benefit them. No other parties shall be third-party beneficiaries under this Agreement

Part II – General Provisions

2.1 About Us; Harmelix’s Role; No Endorsement

Harmelix serves as a software platform that facilitates booking, managing, viewing, and canceling appointments for users. Additionally, Harmelix and its related applications provide users with access to browse, review, and explore content and potential service providers specializing in wellness, health, and beauty services. Harmelix does not control or guarantee:

• The quality, safety, legality, or morality of services provided by businesses utilizing the platform.
• The accuracy or truthfulness of information provided by such businesses.
• The reliability of scheduling or the availability displayed in business calendars.
• The identity or performance capabilities of businesses or users.
• The ability of customers to fulfill payment obligations or the ability of businesses to complete booked services.

All transactions and interactions facilitated by Harmelix are conducted solely between businesses and their customers. Harmelix does not sell or purchase products or services directly nor act as a vendor or intermediary in such relationships. Users engage with the platform and its content entirely at their own risk.

2.2 Accuracy and Reliability of Information.

Harmelix is not responsible for inaccuracies, outdated information, or incomplete details presented on the platform, including but not limited to business profiles, appointment calendars, or booking details.

2.3 Reporting Errors.

Should you encounter any errors while using the platform, contact us at help@Harmelix.com. However, Harmelix does not guarantee that all reported issues will be resolved.

2.4 Updates to Terms of Use.

Harmelix reserves the right to update or modify these Terms at its sole discretion. Updates may be communicated via postings on the platform or email notifications. By continuing to use the platform after any modifications, you agree to the updated Terms. If you disagree with the changes, your only recourse is to discontinue use of the platform.

2.5 Changes to the Platform or Services.

Harmelix may, at its sole discretion, modify, enhance, suspend, or discontinue features or aspects of its platform and services without prior notice. This includes updates to content, functionality, or operating hours. If you do not agree with such changes, your sole option is to discontinue use of the platform.

2.6 Service Accessibility.

While Harmelix aims to maintain continuous platform availability, there is no guarantee of uninterrupted service due to maintenance, technical issues, or other factors. Use of the platform requires a compatible device with internet access, and users are responsible for any associated carrier charges. Certain features may require enabling JavaScript or other technologies, which users must ensure are active for full functionality.

2.7 Service Refusal, Limitations, and Termination.

Harmelix reserves the right to deny access, terminate accounts, or limit platform functionality at its sole discretion. In the event of account termination or service restrictions, Harmelix will attempt to notify the user, but failure to do so does not result in liability.

2.8 Prohibited Activities.

Users agree not to engage in prohibited activities on the platform, including but not limited to:

• Illegal or unauthorized use.
• Harassment, discrimination, or submission of false or misleading information.
• Uploading harmful code or engaging in spam or phishing activities.
• Violating intellectual property rights or circumventing platform security measures.
• Excessive load on the platform or using Harmelix services for competitive analysis.

Violations of these terms may result in immediate account termination and legal action.

2.10 Privacy and User Information.

Harmelix prioritizes user privacy and ensures that shared information is used solely for the intended purposes outlined in its Privacy Policy. Sharing or misusing user data without consent is strictly prohibited.

2.11 Compliance with Government Regulations.

Harmelix operates as a commercial software platform. Government users must confirm their compliance with applicable regulations before using the platform.

2.12 Export Compliance.

Harmelix’s platform and associated materials may not be used, exported, or re-exported in violation of applicable export laws or regulations. Users must ensure their compliance with all relevant legal restrictions.

2.13 Fraudulent Activities.

Harmelix disclaims liability for fraudulent activities or transactions conducted by users on the platform. Users are encouraged to report suspected fraud immediately. Harmelix reserves the right to terminate accounts engaged in fraudulent behavior.

Part III – Customer Accounts

3.1 Online Accounts

Customers may register for an account ("Account") via various means, including online, mobile, voice-activated, or offline registration forms, to access Harmelix's services and features. By registering, you agree to provide accurate, complete, and up-to-date information. It is your responsibility to maintain the accuracy of this information. During registration, you may be required to create a password, which serves as your unique identifier for accessing the Account. You are accountable for all activities conducted through your Account, authorized or not, and must ensure compliance with these Terms of Use. If needed, Accounts can be canceled by contacting help@harmelix.com.

3.2 Transfer Prohibited

Your Account is personal to you and cannot be sold, traded, or transferred to another individual or entity.

3.3 Account Guidelines

Interactive features (e.g., profiles, forums, comments sections, or booking platforms) are part of the services provided. Users must adhere to the following rules when participating in these "Interactive Areas":

• Do not upload or publish illegal, obscene, defamatory, or abusive content.
• Refrain from threatening or harassing other users, spamming, or disrupting discussions.
• Avoid using discriminatory language based on race, religion, gender, sexuality, or other attributes. Hate speech results in immediate suspension.
• Personal attacks on users are prohibited.
• Do not use these platforms for unauthorized advertisements or solicitations.
• Ensure all content complies with applicable laws and does not promote illegal activities.
• Avoid impersonating others or misrepresenting affiliations.
• Respect user privacy and refrain from collecting or sharing personal data without consent.
• Do not upload content containing viruses or malicious components.
• Do not disrupt service functionality or network operations.

Content posted in Interactive Areas may be edited, removed, or displayed by Harmelix without prior notice, and users waive rights over such modifications.

3.4 Rights in Submissions

By submitting content to Harmelix’s Interactive Areas, you grant a worldwide, non-exclusive, royalty-free license to Harmelix and its affiliates to use, modify, display, and distribute the content across all media platforms. You represent that you own or have the rights to any submitted content and that its use does not violate third-party rights or laws.

3.5 Right to Monitor

Harmelix reserves the right to monitor your Account activity to ensure compliance with these terms.

3.6 Verification of Users

Users may need to verify their identity and contact details, such as through mobile verification or providing proof of identity (e.g., government-issued ID). Verified data will be managed per Harmelix’s Privacy Policy.

3.7 Account Settings

Users can customize preferences, including default payment settings, via the Harmelix application and update these as needed.

3.8 Use of Services via Third-Party Platforms

Harmelix may collaborate with third-party platforms for booking and payment services. Unless opted out, Harmelix may contact customers using contact details provided to these platforms.

3.9 Customer Reviews

Customers who book services through Harmelix may submit reviews ("Reviews") under these conditions:

• Reviews must pertain only to completed appointments.
• SMBs can request review removal for no-shows reported within 24 hours.
• Reviews should be based on personal experiences and must not include harmful, false, or unlawful content.
• Harmelix reserves the right to remove reviews violating these Terms or applicable laws but does not mediate disputes between SMBs and customers.
• Removal of reviews is permanent and irreversible.
• Verified reviews, marked as "Verified User by Harmelix," confirm the customer’s use of the reviewed service. Non-verified reviews may lack such validation.

Part IV – Terms of Service for Booking Services, Payment Services, Harmelix Card Reader, Tap to Pay, and SMB Rankings in Search Results

4.1 Appointment Booking

Harmelix delivers Booking Services to Users with the objective of helping Customers locate and schedule appointments with diverse participating Small and Medium Businesses (SMBs) while supporting SMBs in optimizing calendar management and expanding their customer base. When a Customer submits an online appointment request through the Harmelix Site or Harmelix Application, the platform directly communicates with the SMB's computerized appointment database. Appointment availability is determined in real-time and provided by the SMB. Users acknowledge that Harmelix does not independently authenticate appointment availability and cannot be held responsible for calendar inaccuracies, such as duplicate bookings or appointments not honored by the SMB. Following a Customer's appointment reservation via the Harmelix Site or Application, Harmelix will transmit appointment confirmation to both the Customer and SMB using the email address submitted during user registration. By utilizing Booking Services, Users consent to receive appointment confirmations and reminders through email, SMS, push notifications, and potentially via chatbot or voice-assisted technologies. Harmelix shall incur no liability if an appointment confirmation or reminder fails to be sent or received by a User.

4.2 Appointment No-Show & Cancellation Policy

Harmelix is dedicated to delivering superior services to Customers and SMBs. To maintain consistently high-quality service, Customers must make diligent efforts to cancel anticipated unattended appointments as early as feasible. Cancellations must be processed through the Harmelix Site or Harmelix Application and not by directly contacting the SMB. Certain SMBs might require a debit or credit card for finalizing booking and reserving calendar space. To utilize Booking Services with such SMBs, users must provide valid payment card details, potentially allowing a specific amount to be blocked or prepaid, and adhere to the SMB's specified cancellation protocol, which will be disclosed during booking. Harmelix manages this payment information consistent with its Privacy Policy and bears no responsibility for charges resulting from appointment cancellation non-compliance.

4.3 Usage Guidelines

Users commit to employing Booking Services exclusively for scheduling SMB appointments, subsequently honoring these appointments by arriving punctually and compensating for booked and delivered services. Appointment resale or attempted resale is expressly prohibited and may result in appointment cancellation or service access termination.

4.4 Harmelix Payment Services, Generally

Harmelix may provide third-party payment services to enable Customers to settle bills at participating SMBs through the Harmelix Application, Tap to Pay, or Harmelix Card Reader. Specifically, Harmelix processes payments via Stripe, Inc. To engage Payment Services, Customers must: (1) install the Harmelix Application on a compatible device; (2) book an SMB reservation; (3) submit valid payment information; and (4) maintain a standing account. Alternatively, for Tap to Pay, customers can utilize payment cards or digital wallets with compatible devices or the Harmelix Card Reader. While Harmelix imposes no direct fees, standard mobile carrier messaging and data charges may apply.

4.5 Sale Prices

Service prices and payment terms are displayed during booking via the Harmelix Application, with SMBs retaining the discretion to modify fees at any time. The platform accommodates both inclusive and exclusive tax systems. In the inclusive model, presented prices encompass all sales taxes, while in the exclusive model, taxes are appended to the final price post-service rendering. The tax implementation approach remains entirely at the SMB's discretion.

4.6 Payment Card Information

To utilize Payment Services, Customers must register at least one valid debit or credit card through the Harmelix Application. Users can periodically add, remove, and modify card details within the application. When multiple cards are registered, customers must designate their preferred payment method for bill settlement.

To validate payment card accuracy, Harmelix may place a temporary $1.00 authorization hold upon card information submission. This verification typically resolves within several days, with the hold subsequently removed. The $1.00 will not be actually charged to the customer's account.

Customers affirm by providing card information that they: (1) are legally authorized to share such details; (2) possess legal authorization for account payments; and (3) confirm such actions do not violate applicable card account terms or legal regulations. Users also warrant sufficient funds or credit availability for scheduled services.

4.7 Payment Authorization and Settlement

When customers indicate payment intention through the Harmelix Application or utilize payment cards/digital wallets with Tap to Pay devices, they authorize Harmelix or associated payment providers to charge the complete service amount. This authorization extends to potential cancellation fees, applicable before or after the scheduled appointment. Customers bear full responsibility for timely payment to Harmelix and participating SMBs.

4.8 Receipts and Transaction History

Transaction receipts are accessible within the user's Harmelix Account via the Application and/or Website. For physical or emailed receipts, customers must request documentation directly from the SMB during the transaction.

4.9 Incomplete Payments

Harmelix disclaims liability for unprocessed payments resulting from:

• Insufficient account funds.
• Incorrect payment information submission.
• Expired payment cards.
• Externally-induced transaction impediments (power outages, cellular service interruptions).

In scenarios where payment collection proves unsuccessful, customers remain solely responsible for settling outstanding balances through alternative payment methods as required by the SMB.

4.10 Harmelix Card Reader, Generally

Harmelix, collaborating with Stripe, Inc., provides a proprietary payment solution called the "Harmelix Card Reader". This device leverages Stripe's Point of Sale terminal technology and integrates seamlessly with the Harmelix Application. Availability is limited to select countries.

SMBs can acquire the physical Point of Sale device by:

• Ordering through the Harmelix Site or Application.
• Obtaining verification from Stripe, Inc.
• Accepting Stripe's specific terms and conditions.
• Paying the device's purchase price.
• Successfully connecting the device.

4.11 Harmelix Card Reader Device Sales and Processing Fees

Harmelix will sell Card Reader Devices at prices varying based on device type, features, and specifications. The company reserves the right to modify device availability and pricing without prior notice. While attempting to provide accurate product descriptions, Harmelix cannot guarantee absolute accuracy of device information. Purchase prices will be transferable through mutually acceptable payment methods. SMBs utilizing the Card Reader will incur Processing Fees according to local pricing structures.

4.12 Tap to Pay

Harmelix, in partnership with Stripe, offers contactless payment solutions. Tap to Pay integrates with the Harmelix Application and is subscription-based, available only in selected countries.

SMBs can enable Tap to Pay by:

• Completing registration
• Passing Stripe's Know-Your-Customer verification
• Accepting Stripe's terms and conditions
• Enabling required phone tracking
• Connecting an NFC-enabled device

Processing fees will be applied according to current local pricing guidelines.

4.13 Geographic Availability

The Harmelix Card Reader and Tap to Pay are geographically restricted. Harmelix maintains the right to modify availability without notice. Users cannot utilize devices outside their original shipping location or licensed business jurisdiction. Device shipping and activation remain subject to applicable laws and potential restrictions in agreements with Stripe, Inc.

4.14 Usage Restrictions

Users may:

• Purchase Card Reader Devices only for personal business use
• Not resell, rent, lease, or distribute devices
• Not use devices for benchmarking
• Use devices exclusively for commercial purposes

Users must:

• Not remove copyright or trademark notices
• Not use devices for personal/household purposes

4.15 Limited Hardware Warranty

Harmelix provides a one-year limited warranty against manufacturing defects. During this period, Harmelix may, at its discretion:

• Repair the device
• Replace the device
• Partially or fully refund the purchase price

Warranty claims can be initiated by contacting help@Harmelix.com

4.16 Installation and Maintenance

Users are responsible for:

• Installing and maintaining the Card Reader Device
• Updating software and firmware
• Keeping NFC-enabled devices current

4.17 Set-Up Process. SMBs must:

• Initiate registration via Harmelix platform
• Complete Stripe's verification process
• Order the Card Reader Device
• Connect the device
• Complete first transaction

4.18 Relationship with Stripe, Inc. SMBs acknowledge:

• A direct relationship with Stripe, Inc.
• Governance by Stripe's specific agreements
• Harmelix's role as a device reseller
• Responsibility for understanding Stripe's terms

4.19 Complaints

Device-related complaints should be addressed to help@Harmelix.com.

4.20 SMB Rankings in Search Results

When Customers search for services or SMBs, they are presented with profiles matching their specified criteria. Search result refinement options include filters like "Special Offers", "Mobile Services", "Online Services", and location-based narrowing. Customers can sort results by "Sponsored first", "Distance" (nearest first), or "Reviews" (top-rated first). The primary parameters determining SMB profile positioning in search results include:

• Region: Displaying SMBs matching the Customer's specified or GPS-detected location
• Distance: Prioritizing SMBs closest to the Customer
• Availability: Highlighting SMBs with open time slots for desired services
• Business Category: Prioritizing SMBs with the searched service as their primary business category
• Service Type: Featuring SMBs offering the exact service type requested
• Ratings: Presenting SMBs with highest customer review ratings
• Gender: Tailoring results to Customer-specified gender preferences
• Promotions: Showcasing SMBs with most attractive current promotions
• Profile Views to Completed Visits Ratio: Analyzing and ranking SMBs based on profile engagement and actual bookings
• Completed Customer-Booked Visits: Prioritizing SMBs with highest number of self-booked completed visits
• Repeat Visits: Ranking SMBs with most repeat visits from diverse customers Additionally, SMBs purchasing optional marketing services from Harmelix may receive enhanced visibility in search results, with their profiles displayed more prominently.

Part V - Gift Card Service for Harmelix

1. SMBs activating Payment Services can offer electronic vouchers (Gift Cards) for their services through the platform.

2. Gift Card Purchase Methods:

• Through Harmelix Application on the SMB's profile
• In-person at the SMB's physical location

3. Gift Card Activation:

• Activated upon payment completion
• Sent to Customer's email in PDF or alternative format

4. Payment for Gift Cards:

• Via Application: As described in the SMB's profile
• In-person: Based on mutually agreed terms

5. SMBs offering Gift Card sales will incur Processing Fees according to current local pricing structures.

6. Gift Cards are exclusively usable at the issuing SMB's physical location.

7. SMB Responsibilities:

• Sole responsibility for Gift Card sale and usage
• Handling customer complaints and consumer rights
• Harmelix assumes no liability

8. SMBs must specify Gift Card details:

• Service scope/type
• Price and value in currency
• Validity period (meeting legal requirements)
• Additional relevant information

9. Gift Card Terms Cannot:

• Exclude legal provisions
• Restrict chargeback rules
• Prevent honoring gift card value while business operates

10. Gift Card Limitations:

• Non-exchangeable for cash
• No interest accrual
• Not an electronic payment instrument

11. Gift Cards:

• Cannot be topped up
• Issued to bearer
• Transferable with recipient term disclosure

12. Usage Rules:

• Balance reduces with partial service use
• Customers can pay difference for services exceeding card value
• Only one Gift Card per booking
• Balance and expiry checkable via application or SMB contact

13. Expiration:

• Validity period non-extensible
• SMB may offer extensions in justified circumstances

14. SMB can terminate Gift Card sales at any time, with existing cards honoring previous terms

15. Harmelix and SMBs are not liable for lost or damaged Gift Cards post-issuance

Part VI – Harmelix Terms of Use for Service Providers

In addition to the other terms contained in these Terms of Use, the following Harmelix Terms shall be applicable to all Service Providers.

6.1. Unauthorized Business & Content

In addition to the forgoing prohibited uses, our Harmelix Application and Harmelix Site may not be used by a Service Provider to: publish, distribute, offer, sell or cause us to do so on his, her or its behalf, any of the content, products or services, being or related directly or indirectly to: (hereinafter "Unauthorized Business" and "Unauthorized Content"):

• illegal or contrary to good morals or principles of social intercourse;
• drugs, tobacco, alcohol, other stimulants and tools intended for the production of the foregoing;
• pornographic, sexual (including escort or tantra), sexually suggestive, aiming to promote a particular service or product through a content of a sexual, ambiguous or unethical nature;
• adult entertainment oriented; and internet/mail order/telephone order of age-restricted products;
• sales of firearms, ammunition, or weapons and other devices designed to cause physical injury;
• betting, including lottery tickets, sports related gambling, casinos;
• insurance or other financial merchandise; money transfers; independent financial adviser services or securities; pyramid selling or multi-level marketing;
• counterfeit or infringing on third party intellectual property rights (illegal software or downloads included);
• pharmacies or pharmacy referral services any other sales of products or services in highly-regulated industries;
• hate or harmful, invoking or supporting discrimination, violence or terrorism.Violations of this requirement may result in (at the sole discretion of Harmelix and without the need for any further notice) ("Corrective Actions"):
• (i) block or deletion of any of the Unwanted Content,
• (ii) temporary or permanent block of a given features or Services used by you,
• (iii) temporary or permanent block of your Service Provider Account,
• (iv) Service Provider Account termination. The commencement of any Corrective Action by Harmelix, including Account termination, shall not relieve you from the obligation to pay the charges accrued for Harmelix Services prior to a given Corrective Action.

6.2. Service Provider Accounts, Generally

In order to use and benefit from our Services as a ServiceProvider you must create an account through the Harmelix Site or Harmelix Application ("Service Provider Account"). By opening your Service Provider Account, you agree to comply with the Terms of Use, Privacy Policy and agree to provide Users with the services they booked with you in accordance with the Terms of Use.

When registering a Service Provider Account, you represent that you are authorized to act on behalf of the Service Provider and must provide true, accurate, current, and complete data about the Service Provider being registered. Such data may include KYC (i.e. Know Your Client) data, as requested by our payment processor. Be advised that our payment processor may reject any Service Provider if it fails the provider's internal due diligence procedures.

You agree to promptly update your Service Provider account to keep it accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your Service Provider Account and the information in your Service Provider Account, and you are solely responsible for all use of your Service Provider Account, whether or not authorized by you. You agree to immediately notify Harmelix of any unauthorized use of your Service Provider Account or any other breach of security related to your use of the Services.

6.3. Registration, Service Fees

Registration of a Service Provider Account may or may not be free of charge, depending on the region of the Service Provider's business activity or type of services provided, thus, you may have to pay a fee to register your Service Provider Account ("Registration Fee"). Harmelix reserves the right to change, from time to time and in its full discretion, the locations or types of Service Providers which benefit from the reduced or waived Registration Fee.

Registration Fees shall be transferred via acceptable payment methods. In addition to the Registration Fee, you agree that a specified fee will be periodically transferred for placing your offers via Services and maintaining the Service Provider account ("Service Provider Subscription Fee"). Harmelix reserves the right to waive or reduce your Service Provider Subscription Fee for a certain period in its sole discretion.

You are obliged to inform Harmelix about the true and actual number of staffers assigned to your Service Provider Account and update this information immediately. Failure to do so may result in additional staffers not covered by payments to Harmelix being removed from the Service Provider account or your Service Provider Account being blocked or terminated.

6.4. Third-Party Platform Integration

Harmelix works with third-party websites, applications, and services through whom our Booking Services may be facilitated. Unless a Service Provider opts out, we may automatically create a Service Provider profile on such Third-Party Platforms using the information provided upon account creation.

6.5. Account Cancellation

You can cancel your Service Provider Account by sending an email or contacting Harmelix through in-app support. Harmelix will not refund you for the period already paid for, even if you were not using your Service Provider Account during that period.

6.6. Compliance with Terms of Sale

All sales and accepted bookings shall be binding. Service Provider agrees that they, and not Harmelix, shall be solely responsible for delivery of any and all purchased services to Customers.

6.7. Service Provider Warranties

Service Provider warrants that any and all services:

• (a) Are not illegal, obscene, abusive, threatening, defamatory, or infringing on intellectual property rights
• (b) Have not been identified as hazardous to consumers
• (b) Have not been identified as hazardous to consumers
• (c) Are not counterfeit
• (d) Do not offend against the law of any country
• (e) Do not violate relevant regulatory standards.

6.8. Listing Description

Service Providers must accurately describe the services available for booking, including all terms of sale. Listings may only include relevant text descriptions and must be listed in appropriate categories.

6.9. Calendar Maintenance

The Service Provider is responsible for maintaining an accurate and updated calendar showing current availability. Harmelix shall not be liable for double-bookings or schedule-related errors.

6.10. Ethical Selling and Communication

Service Providers shall utilize ethical selling tactics, refrain from making false statements, and conduct themselves in an ethical, moral, and lawful manner. Harmelix may place limits on communication types.

6.11. Legal Compliance

Service Providers agree to obey all local, state, and federal regulations regarding solicitation and sales.

6.12. Promotional Freedom

Service Providers are free to choose social media platforms and sales channels for promoting their services.

6.13. Right of Refusal

A Service Provider may refuse to accept a booking made via the Booking Services for any or no reason whatsoever so long as such a refusal does not violate federal, state, or local laws, or any other rule or regulation.

6.14. Policies, Terms of Sale Required

Service Providers must have in place via their service listing the following policies before they shall be permitted to conduct any transaction via the Services: pre-payment policies, cancellation policies, return policies, and payment policies in addition to such other policies as a Service Provider wishes to set forth. Service Providers must create reasonable policies in good faith and must abide by such policies. In the event a policy fails to comply with these Terms of Use and/or is unreasonable in any way we may, in our sole and exclusive discretion, require Service Provider to revise said policy.

6.15. Processing Fees for Service Providers

Service Providers that wish to use our Payment Services or the Harmelix Card Reader or Tap to Pay will be charged a fee for processing payments according to the current local pricing, which is visible in the Harmelix Application (the "Processing Fee"). The Processing Fee will be calculated as follows:

1. Domestic Cards (2.9% + 30¢ per successful charge):

This is the standard fee for processing transactions made with cards issued within the same country as your business. It includes a percentage of the transaction amount (2.9%) plus a fixed fee of 30¢ per transaction.

2. Manually Entered Cards (+0.5%):

If a card's details are entered manually instead of being swiped, tapped, or inserted, an additional 0.5% fee applies. This is due to the higher risk associated with card-not-present transactions.

3. International Cards (+1.5%):

When a customer uses a card issued outside the country where your business is located, an extra 1.5% fee is charged. This covers the additional processing and verification costs for international transactions.

4. Currency Conversion (+1%):

If a transaction involves converting one currency to another, a 1% fee is added. This fee compensates for the complexities and risks involved in currency exchange.

The above Processing Fees may be subjected to discounts or promotions. Harmelix will try to keep you informed about all relevant discounts or promotions. To inquire about them, contact us at points of contact indicated in point 2.3 of these Terms. Such Processing Fee shall be subject to change without notice in our sole and exclusive discretion. Such Processing Fee is not refundable for any reason whatsoever, including in the situation where the Service Provider has to refund a purchase to a Customer.

6.16. Chargebacks and Revocations

If a Customer is not the authorized user of the payment method or otherwise contests the transaction, the amount of a transaction may be reversed or charged back provided that the transaction:

• is disputed,
• is reversed for any reason by the payment network, Harmelix's payment processors provider, or the Customer or its financial institution,
• was not authorized or Harmelix has any reason to believe that the transaction was not authorized, or
• is allegedly unlawful, suspicious, or in violation of these Terms.

If we are unable to recover funds related to a chargeback for which you are liable, you agree to pay us the full amount of the chargeback immediately upon demand. You agree to pay all costs and expenses, including attorneys' fees and other legal expenses, incurred by us for the collection of all amounts unpaid by you.

If we believe you might incur, or you are incurring, an excessive amount of chargebacks, we may establish additional conditions governing your account, including

• establishing new processing fees,
• creating a reserve in an amount reasonably determined by us to cover anticipated chargebacks and related fees,
• delaying payouts, or
• terminating or suspending the Payment Services.

We will assist you, when requested and at your expense, to investigate any of your transactions processed through the Payment Services, the Harmelix Card Reader, or a Tap to Pay subscription. To that end, you permit us to share information about a chargeback with the Customer, the Customer's financial institution, our payment processor, payment networks and your financial institution in order to investigate and/or mediate a chargeback. We will request necessary information from you to contest the chargeback. If the chargeback is contested successfully, we will release corresponding reserved funds to your account. If a chargeback dispute is not resolved in your favor by the network or issuing bank or you choose not to contest the chargeback, we may recover the chargeback amount and any associated fees as described in these terms.

You acknowledge that your failure to assist us in a timely manner when investigating a transaction, including providing necessary documentation within seven (7) calendar days of our request, may result in an irreversible chargeback.

6.17. Withholding of Funds

Where we, in our reasonable opinion, are required to do so by law, we reserve the right to withhold funds for services that we reasonably deem suspicious with regard to money laundering, Unauthorized Business, fraud, or other illegal activities or in case of any other chargebacks or revocations.

6.18. Payouts

Once you create your Service Provider Account, through the secure form you will have the opportunity to designate a deposit account into which you wish to be paid out. Once funds for the Payment Services have been completed and are settled, they shall be available for withdrawal. For U.S.-based Service Providers, payouts shall automatically be transferred to your deposit account less any fees every business day. For all other Service Providers, payouts are generally made to your designated deposit account less any fees within 2-3 business days.

Except as required by law, you shall remain solely and exclusively responsible for retaining permanent records of all transactions processed via your Service Provider Account Settings.

In the event your payout account becomes negative, you agree that we have the right to offset any incoming payments against the negative balance. Should you fail to bring your account to positive, we may block you from accepting further payments and institute legal proceedings for collection.

6.19. Responsibility for Accurate Pay Out Information

You agree to provide current, complete, and accurate deposit account information for payout. You agree to promptly update your Service Provider Account and other information, including your address, email address and bank account information, so that we can complete your transactions and contact you as needed.

6.20. Deposits

Harmelix may require the Service Provider to maintain deposits in an escrow account to act as a provision against chargebacks and refunds. The amount of such deposits will be determined by Harmelix.

6.21. Processing Errors

We will attempt to fix processing errors we discover. If the error resulted in your receipt of fewer funds than you were entitled, we will credit your Service Provider Account for the difference. If the error results in your receipt of more funds than you were entitled, Harmelix will debit the extra funds from your Service Provider Account or your linked bank account. You shall remit to Harmelix the difference within thirty (30) calendar days of demand therefore. We will only correct transactions that you process incorrectly if you notify us of such an error. Your failure to notify us of a processing error within thirty (30) calendar days of when it first appears on your electronic transaction history may be deemed a waiver of any right to amounts owed to you.

6.22. Refunds

By accepting card transactions through the Payment Services, you agree to process returns of, and provide refunds and adjustments for your goods or services in accordance with these Terms. You are obliged to disclose your refund or cancellation policy to Customers at the time of purchase and/or booking, as applicable, and can refund transactions up to thirty (30) calendar days following the date of said transaction. The amount of the refund/adjustment must include any associated taxes required to be refunded and cannot exceed the amount shown as the total on the original sales data except by the exact amount required to reimburse the customer for postage that the customer paid to return merchandise. If your refund policy prohibits returns or is unsatisfactory to the Customer, you may still receive a chargeback relating to such sales.

Harmelix will automatically process refunds on your behalf from your available balance or deposit amount and shall not be liable for refunds made in error or in violation of your own policies. If your available balance or deposit amount is insufficient to cover the refund, Harmelix will withdraw the requested refund amount and credit it back to your Customer. Further refunds may be accepted but will only be processed once your account shows a positive balance. For every refund Harmelix may charge a refund processing fee.

Harmelix has no obligation to accept any returns of any of your goods or services on your behalf pursuant to the applicable Network Rules. By using the Payment Services, you agree to comply with all applicable bylaws, rules, and regulations set forth by the payment processing networks. The payment processing networks amend their rules and regulations from time to time. Harmelix may be required to change these terms in connection with amendments to the Network Rules. In the event of inconsistency between a Network Rule and these terms, and except as otherwise agreed between Harmelix and the payment processing networks, the Network Rules shall apply.

6.23. Handling of Liens; Right to Set-Off; Collection Rights.

We are entitled to set-off any and all claims against amounts payable to Harmelix by Service Provider. In addition, to the maximum extent provided by law, we may collect any and all obligations due and owing by you to us by deducting them from your pending transactions in the deposit account. Fees shall be assessed at the time of transaction processing and will be deducted from the funds received. Your failure to pay all amounts due and owing shall be deemed an immediate breach of this Agreement for which you will be liable. You further agree to pay all fees and costs, including but not limited to attorneys' fees and costs, incurred by or on our behalf arising from or related to the collection of any unpaid obligations by you.

In addition to any other fees set forth in these Terms, Harmelix may also charge a Service Provider, at Harmelix's standard rates, for research, including, but not limited to,

• research required to respond to any third party or government subpoena, levy or garnishment on a Service Provider account, and
• research and activities necessary to verify and execute any payee change, whether pursuant to the Uniform Commercial Code or court order.

You also understand that, as provided under Section 9-406 of the Uniform Commercial Code, we may be required, upon receipt of a notice of assignment and payment direction from your secured party (for example, lender), to pay all or a portion of your fees as directed by your secured party. If we receive such a notice and direction, we will, after deducting our fees and expenses of compliance as provided above, make payments to your secured party as so directed without prior notice to you.

6.24. Payment of Taxes

You are responsible for determining any and all taxes assessed, incurred, or required to be collected, paid, or withheld for any reason for your use of the Payment Services ("Taxes"). You also are solely responsible for collecting, withholding, reporting, and remitting correct Taxes to the appropriate tax authority. We are not obligated to, nor will we determine whether Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority arising from any transaction. If you are a Service Provider based in the United States and in a given calendar year you process (i) more than $20,000 in gross amount of payments and (ii) more than Two Hundred (200) payments, Harmelix or its payment processor may be required by law to report information about you and your use of the Payment Services to the Internal Revenue Service ("IRS"). For purposes of determining whether you have met the IRS reporting threshold, the gross amount does not include any adjustments for credits, cash equivalents, discount amounts, fees, refunded amounts or any other amounts.

Whether you reach $20,000 in payments or more than Two Hundred (200) payments will be determined by looking at our Payment Service information associated with your Service Provider Account. In order to be able to meet said regulatory obligations, before Service Provider meets the thresholds, we will need additional information, including a completed IRS form W9 for U.S.-based Service Providers. We are entitled to block the Payment Services for a Service Provider that fails to provide us with all the needed information based on the applicable taxation rules and regulations.

6.25. Additional Products and Services, Generally

We may, from time to time, offer additional products and services for purchase by Service Providers, such as additional text messages, or payment processing hardware and technical support, and lead generation. Such additional products and services shall be subject to additional service fees, which shall be set out at the point of sale and subject to change in our sole and exclusive discretion and set forth in a separate agreement between the Customer and Harmelix or a Harmelix affiliate offering such products and services. In the event that such additional services include lead generation for Service Providers, Service Provider agrees and acknowledges that it will be responsible for the payment of a commission to Harmelix for first-time Customers who utilize the Booking Services. In such an event, Harmelix and Service Provider shall agree in good faith on a set number of leads generated with Harmelix retaining ultimate authority to determine the same.

6.26. Transaction History

You may, at any time, access your transaction history via your Account settings. Such history may include the ability to track commissions and inventory and otherwise receive statistics and reports on the performance of your Service Provider. While we endeavor to keep all such information complete, timely, and accurate, we do not warrant that all transaction history shall be error-free. You are encouraged to maintain your own transaction history and financial information and to verify the same with your corporate accountant. By using the Harmelix Application and Harmelix Site you acknowledge that your reliance on any such information provided by Harmelix is at your own risk. Harmelix shall not be held liable in the event such information is inaccurate or incomplete.

Part VII – Intellectual Property; Privacy

7.1 Intellectual Property Rights Preservation

All materials displayed or transmitted via our Services, including but not limited to text, photographs, images, illustrations, video clips, audio clips, and graphics (hereinafter "Materials"), are owned by Harmelix and safeguarded by copyright, trademark, service mark, and other proprietary rights under U.S. and international law.Without explicit authorization, users are prohibited from:.

• Copying, reproducing, publishing, transmitting, transferring, selling, renting, modifying, or creating derivative works from Service Materials'),
• Commercially exploiting any Materials.
• Removing or altering copyright, trademark, or proprietary notices and logos.

Users may create a single debugPrint copy of Materials for personal, non-commercial use, provided that all proprietary notices remain intact. Archiving or retaining any Materials requires Harmelix's express written permission. Requests must be submitted to help@Harmelix.com, clearly detailing the intended use.

Users acquire no rights to Materials beyond the limited usage specified in these Terms. Harmelix reserves all rights not explicitly granted.

7.2 User Feedback

Users may provide reviews, suggestions, ideas, and feedback ("Feedback"). By submitting Feedback, users grant Harmelix sole ownership, including unrestricted rights to use, modify, distribute, and adapt such Feedback across all existing and future platforms and technologies.

All Feedback is considered non-confidential. Users waive moral rights, including attribution and integrity rights, and permit Harmelix and its licensees to fully utilize submitted content without additional compensation or notification.

Harmelix acknowledges receiving multiple submissions and may independently develop ideas similar to user-submitted concepts. The submission of Feedback does not imply novelty or guarantee consideration.

7.3 User Content License

Users grant Harmelix a non-exclusive, worldwide, perpetual, irrevocable, royalty-free license to utilize copyright, publicity, and database rights associated with content in service listings or profiles. Harmelix may store, reformat, and display such content at its discretion, using personal information exclusively per our Privacy Policy.

7.4 Customer Information Confidentiality

During transactions, service providers may access personal information including contact and payment details. This information shall:

• Be used solely for the specific transaction or Harmelix-related communications
• Be maintained in strict confidentiality
• Not be used for unsolicited commercial messaging

Providers cannot add customers to mailing lists without explicit customer consent.

7.5 Application License

Harmelix grants users a non-exclusive, non-transferable, revocable license to use the Harmelix application on compatible devices, supporting permitted service usage.

7.6 Copyright Infringement Notification

To report copyright infringement, submit a written notice to:

Copyright Enforcement Harmelix LLC. 442 5th Avenue Suite 1070 New York, NY 10018

The notice must include:

• Physical or electronic signature
• Identification of the copyrighted work
• Detailed location of allegedly infringing material
• Contact information
• Good faith statement of unauthorized use
• Accurate information certification under penalty of perjury.

Part VIII – Third-Party Advertisements, Promotions, Platforms, and Links

8.1. Third Party Advertisements and Promotions

We may, from time to time, run advertisements and promotions from third parties on the Services. Your dealings or correspondence with, or participation in promotions of advertisers other than us, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Services.

8.2. Use of Third-Party Tools and Platforms

We may provide you with access to third-party tools and Third-Party Platform integrations over which we neither monitor nor have any control nor input. Information shall be shared with such third parties as set forth in our Privacy Policy.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools and Third-Party Platforms.

Any use by you of optional tools offered through the Services is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the Services, including but not limited to the release of new tools. Such new features and/or services shall also be subject to these Terms of Use.

8.3. Third-Party Links

Certain content, products, and services available via our Services may include materials from third-parties.

Third-party links on the Services may direct you to third-party Web sites and/or services that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or Web sites and/or services, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party with whom you connect via the Services. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Part IX: Disclaimers; Limitations Of Liability; Indemnification

9.1. Disclaimer Of Warranty; Limitation Of Liability

You agree that use of the Services is at your sole risk. Neither us nor our affiliates nor any respective employees, agents, third-party content providers or licensors warrant that the use of the Services shall be uninterrupted or error free; nor do we make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy, reliability, or content of any information provided.

Any downloadable software, products, or other materials, without limitation, is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to any warranty of merchantability, fitness for a particular purpose, title, or non-infringement, or any warranty arising from a course of dealing, performance, or trade usage, other than those warranties which are implied by and incapable of exclusion, restriction, or modification under the laws applicable to these Terms of Use.

Harmelix does not warrant that your use of the Services will be uninterrupted or error-free, that Harmelix will review the information or materials made available through the Services for accuracy or that it will preserve or maintain any such information or materials without loss. Harmelix shall not be liable for delays, interruptions, service failures, or other problems inherent in use of the internet and electronic communications or other systems outside the reasonable control of Harmelix.

Part XI – Termination; Suspension

11.1. Termination by Harmelix

We may terminate or suspend your account, access to the Services, or any features of the Services immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms of Use or for any other reason we deem appropriate.

11.2. Termination by You

You may terminate your account at any time by following the instructions provided within the Services. Upon termination, you will lose access to all Services, and any content associated with your account may be deleted.

11.3. Effect of Termination

Termination or suspension of your account does not limit any liability or obligation that accrued prior to termination. Sections of the Terms that by their nature should survive termination, including but not limited to ownership, indemnity, and limitation of liability, shall survive.

11.4. Data Upon Termination

Upon termination, Harmelix may retain information as necessary to comply with legal obligations, resolve disputes, enforce agreements, or as otherwise permitted by law.