Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a binding agreement between you ("Professional" or "you") and Bella IQ, LLC ("Bella IQ," "we," or "us"). By creating an account or using any part of the Bella IQ service (the "Service"), you agree to these Terms. If you do not agree, do not use the Service.

If you are using the Service on behalf of a business, you represent that you have authority to bind that business to these Terms.

2. Description of Service

Bella IQ provides an AI-powered appointment scheduling and business management platform for independent beauty and wellness professionals, including hair stylists, nail technicians, massage therapists, estheticians, personal trainers, and fitness coaches. Features include online booking pages, client management, SMS and email notifications, AI-assisted scheduling conversations, payment processing, and business analytics.

We reserve the right to modify, suspend, or discontinue any feature of the Service at any time with reasonable notice.

3. Account Registration

You must be at least 18 years old and provide accurate, complete information when creating an account. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us immediately at support@bella-iq.com if you suspect unauthorized access.

4. Free Trial

New accounts receive a 14-day free trial upon entering a valid payment method. Your card will not be charged during the trial period. At the end of the trial, your subscription automatically converts to a paid plan unless you cancel before the trial ends. You may cancel your trial at any time from your dashboard with no charge.

5. Subscription and Billing

• Plan. Bella IQ is offered at a flat monthly subscription fee. Current pricing is displayed at bella-iq.com and on your account dashboard.
• Auto-renewal. Subscriptions automatically renew monthly on your billing date until cancelled.
• No prorated refunds. Subscription fees are non-refundable. You retain access to the Service through the end of your current billing period after cancellation.
• Price changes. We will provide at least 30 days' notice before changing subscription pricing. Continued use after the notice period constitutes acceptance.
• Failed payments. If we are unable to charge your payment method, we will notify you and may suspend access until payment is resolved.
• Cancellation. You may cancel your subscription at any time from the Billing section of your dashboard. No phone calls or emails required.

Payments are processed by Stripe, Inc. By providing payment information, you also agree to Stripe's Terms of Service. Bella IQ does not store raw payment card numbers.

6. SMS Communications & TCPA Compliance

6.1 Messages to Your Clients

Bella IQ sends automated SMS messages (appointment reminders, confirmations, cancellations, waitlist alerts, and AI scheduling conversations) on your behalf to your clients using phone numbers you have provided.

You are responsible for obtaining proper consent from each client before enabling SMS communications. By using Bella IQ's SMS features, you represent that: (a) you have obtained each client's express written consent to receive automated text messages; (b) each consent complies with the Telephone Consumer Protection Act (TCPA) and applicable state laws; and (c) consent was not obtained as a condition of purchase.

6.2 Client Opt-Out Rights

Every SMS message sent through Bella IQ includes opt-out instructions. Clients may reply STOP at any time to opt out of all future messages from your salon number. Opt-outs are processed automatically and immediately. You must not attempt to re-enroll a client who has opted out without their fresh express consent.

6.3 Compliance

You agree to use Bella IQ's SMS features only in compliance with the TCPA, CAN-SPAM Act, CTIA guidelines, and all applicable federal, state, and local laws. You agree to indemnify Bella IQ against any claims, fines, or penalties arising from your non-compliant use of SMS features.

7. AI-Powered Features

Bella IQ uses artificial intelligence (powered by xAI's Grok model) to assist with scheduling conversations, client communications, and business optimization suggestions. You acknowledge that:

• AI-generated messages are sent on your behalf and under your direction. You remain responsible for all communications sent to your clients through the Service.
• AI responses may not always be accurate, complete, or suitable for every situation. You should review AI-suggested actions before acting on them.
• Bella IQ's AI features are tools to assist your business operations and do not constitute legal, medical, financial, or professional advice.
• Bella IQ is not liable for errors, missed appointments, or other consequences resulting from reliance on AI-generated content.

8. Platform Role — We Are Not a Party to Your Client Relationships

Bella IQ is a technology platform. We provide tools that enable you to manage your business and communicate with your clients. We are not a party to any agreement between you and your clients. We are not responsible for the services you provide, for disputes between you and your clients, or for the accuracy of information you enter into the Service.

You are an independent contractor and sole proprietor of your own business. Nothing in these Terms creates an employment, partnership, agency, franchise, or joint venture relationship between you and Bella IQ.

9. Client Data Ownership

You own your client data. By uploading client information to Bella IQ, you grant us a limited license to process that data solely to provide the Service to you. We act as a service provider / data processor for your client data; you act as the controller / business. We do not use your client data for our own marketing, advertising, or any purpose beyond delivering the Service.

You represent that you have the right to upload and process any client data you provide to Bella IQ and that doing so does not violate any applicable privacy laws or third-party rights.

10. Acceptable Use

You agree not to use the Service to:

• Send unsolicited, spam, or harassing messages to clients or others
• Violate any applicable law, regulation, or third-party rights
• Upload or transmit malware, viruses, or malicious code
• Reverse-engineer, decompile, or attempt to extract source code
• Resell, sublicense, or white-label the Service without our written consent
• Impersonate any person or entity or misrepresent your affiliation
• Interfere with or disrupt the integrity or performance of the Service
• Collect or harvest data about other users without their consent

We may suspend or terminate your account immediately for material violations of this section.

11. Intellectual Property

Bella IQ and its licensors own all rights, title, and interest in the Service, including all software, trademarks, and content we create. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your internal business purposes during the term of your subscription.

You retain ownership of content you create and upload (your business information, photos, service menus). By uploading content, you grant us a worldwide, royalty-free license to use it to provide and improve the Service.

12. Termination

Either party may terminate these Terms at any time. You may cancel your account from your dashboard. We may suspend or terminate your account immediately if you materially breach these Terms, engage in fraudulent or illegal activity, or pose a risk to other users or the Service.

Upon termination, your right to access the Service ends. We will retain your data for 90 days after termination to allow for export, then delete it as described in our Privacy Policy. Sections 9, 13, 14, 15, and 16 survive termination.

13. Disclaimer & Limitation of Liability

Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BELLA IQ'S AGGREGATE LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICE IS LIMITED TO THE AMOUNT YOU PAID TO BELLA IQ IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. IN NO EVENT WILL BELLA IQ BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, MISSED APPOINTMENTS, OR LOSS OF GOODWILL.

14. Indemnification

You agree to indemnify, defend, and hold harmless Bella IQ and its officers, directors, employees, and agents from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Service in violation of these Terms; (b) your provision of services to your clients; (c) your violation of any applicable law; or (d) your violation of any third-party rights, including TCPA claims arising from your SMS practices.

15. Dispute Resolution & Arbitration

Most concerns can be resolved by contacting support@bella-iq.com. For disputes we cannot resolve informally:

Binding Arbitration. Any dispute, claim, or controversy arising from or relating to these Terms or the Service will be resolved by binding individual arbitration under the American Arbitration Association (AAA) Commercial Rules, except as noted below. The arbitration will take place in Tennessee or via video conference. The arbitrator's decision is final and binding.

Class Action Waiver. YOU AND BELLA IQ EACH WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION. All claims must be brought in your individual capacity.

Exceptions. Either party may bring an individual claim in small claims court. Either party may seek injunctive relief in court for intellectual property violations.

16. Governing Law

These Terms are governed by the laws of the State of Tennessee, without regard to conflict of law principles. To the extent court proceedings are permitted under Section 15, the parties consent to exclusive jurisdiction in the state and federal courts located in Tennessee.

17. General Provisions

• Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Bella IQ.
• Updates. We may update these Terms. We will provide 14 days' notice for material changes. Continued use constitutes acceptance.
• Severability. If any provision is found unenforceable, the remaining provisions continue in full force.
• No Waiver. Failure to enforce any right does not waive future enforcement of that right.
• Assignment. You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger or acquisition.

18. Contact