Terms of Service
1. Acceptance of These Terms
Welcome to Villz. These Terms of Service ("Terms") are a binding agreement between you and Villz Company ("Villz," "we," "us," or "our") governing your access to and use of the Villz mobile application, the website at www.thevillz.com, and all related services (collectively, the "Platform").
By creating an account, accessing, or using the Platform, you agree to these Terms and to our Privacy Policy, which is incorporated here by reference. If you do not agree, do not use the Platform.
If you use the Platform on behalf of a business or other entity, you represent that you have authority to bind that entity to these Terms.
2. Definitions
- "Customer" means a user who uses the Platform to discover, request, and pay for Services.
- "Artist" means an independent service provider who offers and performs Services through the Platform.
- "Services" means the in-person beauty and wellness services offered by Artists through the Platform, which may include massage therapy, skin care, hair services, nail services, eyelash services, and similar services.
- "Content" means any information, text, images, profiles, listings, reviews, or other material submitted to the Platform.
- "Booking" means a confirmed request by a Customer for Services from an Artist arranged through the Platform.
3. Eligibility
You must be at least 18 years old to create an account or use the Platform. By using the Platform, you represent and warrant that you are 18 or older and that you have the legal capacity to enter into these Terms. The Platform is not directed to, and may not be used by, anyone under 18.
4. Accounts and Registration
To use most features of the Platform, you must register for an account and provide accurate, current, and complete information. You agree to keep your information up to date.
- Email verification. We may require you to verify your email address before accessing certain features. Artists must verify their email address before accessing the Platform; Customers must verify before completing a purchase.
- Account security. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Notify us immediately at privacy@thevillz.com of any unauthorized use.
- One account. You may not maintain multiple accounts, share your account, or create an account using another person's identity.
5. The Villz Platform - What We Are, and What We Are Not
Villz is a technology platform and marketplace that connects Customers with independent Artists. Villz does not provide beauty or wellness services, does not employ Artists, and is not a party to the agreement for Services formed directly between a Customer and an Artist.
You acknowledge and agree that:
- Artists are independent contractors, not employees, agents, partners, or representatives of Villz.
- Villz does not direct, control, supervise, or perform the Services. Artists exercise their own independent professional judgment and control the manner and means of performing Services.
- Villz does not guarantee the quality, safety, legality, timing, or outcome of any Services, or the accuracy of any Artist's listings, credentials, or representations.
- When a Customer and an Artist enter into a Booking, they form a direct agreement with each other for the Services. Villz's role is limited to facilitating discovery, scheduling, and payment.
6. Artist Terms
If you use the Platform as an Artist, you additionally agree that:
- You are an independent contractor. You are solely responsible for your own taxes, insurance, tools, supplies, and business expenses. Nothing in these Terms creates an employment, agency, joint-venture, or partnership relationship between you and Villz.
- Licensing and qualifications. You represent and warrant that you hold, and will maintain, all licenses, certifications, permits, and registrations required by law to perform the Services you offer, and that you will perform Services in compliance with all applicable laws, health and safety regulations, and professional standards. You will promptly update the Platform if any license lapses, expires, or is revoked.
- Insurance. You are responsible for determining and maintaining any liability or professional insurance appropriate to your Services.
- Your representations to Customers. You are responsible for the accuracy of your profile, listings, credentials, and any claims you make about your Services.
- Payouts. Payouts are processed through our third-party payment processor. You must complete that processor's onboarding and identity-verification requirements before receiving payouts. Villz does not hold or control funds except as described in Section 9.
- A separate Artist Agreement may govern additional aspects of your relationship with the Platform, including compensation and conduct. Where that agreement conflicts with these Terms, the Artist Agreement controls for Artists.
7. Customer Terms
If you use the Platform as a Customer, you agree that:
- You will provide accurate booking, location, and scheduling information.
- You are responsible for disclosing to the Artist any relevant health conditions, allergies, sensitivities, or other information that may affect the safe performance of the Services.
- You will treat Artists with respect and provide a safe environment for the performance of in-person Services.
- You are responsible for evaluating whether a given Artist and Service are appropriate for your needs.
8. Bookings, Cancellations, and Conduct
Bookings are arranged through the Platform and are subject to Artist availability and any cancellation, rescheduling, or no-show policies displayed at the time of Booking. Villz may, but is not obligated to, mediate disputes about Bookings. You agree to use the Platform's tools and processes to arrange, modify, or cancel Bookings rather than circumventing the Platform.
9. Payments, Fees, and Taxes
- Payment processing. All payments are processed by our third-party payment processor, Stripe, Inc. By using the Platform to pay or receive payment, you agree to Stripe's applicable terms. Villz does not store full payment card details.
- Charges. When you book Services, you authorize us (through Stripe) to charge your selected payment method for the Service amount and any applicable fees and taxes.
- Platform fees. Villz may charge service, platform, or transaction fees, which will be disclosed to you before you complete a transaction. Fees are subject to change with notice.
- Artist payouts. Villz facilitates payouts to Artists through Stripe. Villz may withhold, delay, or reverse payouts where reasonably necessary to address suspected fraud, disputes, chargebacks, violations of these Terms, or legal or compliance requirements.
- Refunds and chargebacks. Refund eligibility depends on the circumstances of the Booking and any applicable policies. Initiating a chargeback without first attempting to resolve the issue through the Platform may be treated as a violation of these Terms.
- Taxes. You are responsible for any taxes applicable to your use of the Platform, and Artists are solely responsible for reporting and paying taxes on their earnings.
10. Assumption of Risk - In-Person Services
You understand and acknowledge that the Services are performed in person and involve physical contact and inherent risks, including but not limited to allergic reactions, skin irritation, injury, discomfort, or property damage. By using the Platform to arrange or perform Services, you voluntarily assume the risks associated with in-person Services.
Villz does not perform, supervise, or control the Services and is not responsible for the acts or omissions of any Customer or Artist during an in-person encounter. Customers and Artists are responsible for their own safety and for exercising reasonable judgment before and during any in-person Service.
11. Safety, Screening, and Reporting
Villz may - but is not obligated to - verify Artist credentials, perform identity checks through its payment processor, or take other screening measures. Any such measures are limited and do not guarantee the identity, background, qualifications, or trustworthiness of any user. You are responsible for your own due diligence.
If you experience or witness unsafe, harmful, or unlawful conduct, report it to us promptly at privacy@thevillz.com and, where appropriate, to law enforcement. We may preserve and disclose records in accordance with our Privacy Policy and applicable law.
12. Acceptable Use and Prohibited Conduct
You agree not to:
- Use the Platform for any unlawful purpose or in violation of these Terms;
- Provide false, misleading, or fraudulent information, or impersonate any person or entity;
- Offer or perform Services you are not licensed or qualified to provide;
- Harass, threaten, discriminate against, or harm any other user;
- Circumvent the Platform to arrange or pay for Services in order to avoid fees;
- Upload Content that is unlawful, infringing, defamatory, obscene, or that violates another's rights;
- Interfere with, disrupt, probe, scrape, or attempt to gain unauthorized access to the Platform or its systems;
- Use the Platform to transmit malware or engage in any activity that harms the Platform or other users.
We may investigate and take action, including suspension or termination, for any violation.
13. Content and Intellectual Property
- Your Content. You retain ownership of Content you submit. You grant Villz a non-exclusive, worldwide, royalty-free license to host, store, display, reproduce, and use your Content as necessary to operate and promote the Platform. You represent that you have the rights necessary to grant this license.
- Our property. The Platform, including its software, design, trademarks, and branding, is owned by Villz or its licensors and is protected by intellectual-property laws. You may not copy, modify, distribute, or create derivative works without our permission.
- Feedback. If you provide suggestions or feedback, you grant us the right to use it without restriction or compensation.
14. Disclaimers and Limitation of Liability
Disclaimer of warranties. The Platform and all Services arranged through it are provided "as is" and "as available." To the fullest extent permitted by law, Villz disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. Villz does not warrant that the Platform will be uninterrupted, secure, or error-free, or that any Artist or Service will meet your expectations.
Limitation of liability. To the fullest extent permitted by law, Villz and its officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, data, goodwill, or personal injury or property damage arising out of or relating to the Services or your use of the Platform, whether based in contract, tort, or otherwise, even if advised of the possibility of such damages.
Cap. To the fullest extent permitted by law, Villz's total aggregate liability arising out of or relating to these Terms or the Platform will not exceed the greater of (a) the total amount of fees Villz received from you in the six (6) months preceding the event giving rise to the claim, or (b) ONE HUNDRED U.S. DOLLARS ($100).
Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
15. Release Between Users and Indemnification
Release. Because Villz is a marketplace and not a party to the Services, you release Villz from any claims, demands, and damages arising out of or related to any dispute, interaction, or Service between you and any other user (Customer or Artist), including any injury, loss, or damage occurring during an in-person Service.
Indemnification. You agree to indemnify, defend, and hold harmless Villz and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your use of the Platform, (b) your Content, (c) your provision or receipt of Services, (d) your violation of these Terms or of any law, or (e) your violation of the rights of any third party.
16. Dispute Resolution - Arbitration and Class-Action Waiver
Except where prohibited by law, you and Villz agree to resolve any dispute arising out of or relating to these Terms or the Platform through binding individual arbitration, rather than in court, and each party waives the right to participate in a class, collective, or representative action.
Nothing in this section prevents either party from seeking relief in small-claims court for qualifying claims, or injunctive relief for intellectual-property or unauthorized-access matters.
17. Termination
You may stop using the Platform and request account deletion at any time (subject to the retention terms in our Privacy Policy). We may suspend or terminate your access at any time, with or without notice, for any violation of these Terms, for conduct we reasonably believe is harmful or unlawful, or as otherwise necessary to protect the Platform or its users. Sections that by their nature should survive termination (including payment obligations, disclaimers, limitations of liability, release, indemnification, and dispute resolution) will survive.
18. Third-Party Services
The Platform relies on third-party services, including Stripe (payments and identity verification) and Google Firebase (push notifications and analytics). Your use of those services is subject to their respective terms and privacy policies. Villz is not responsible for third-party services.
19. Changes to These Terms
We may update these Terms from time to time. When we make material changes, we will notify you through the Platform or by email at least 14 days before they take effect. Your continued use of the Platform after the effective date constitutes acceptance of the updated Terms.
20. Governing Law
These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws principles, except that the Federal Arbitration Act governs the interpretation and enforcement of Section 16. Subject to Section 16, any dispute not subject to arbitration will be resolved in the state or federal courts located in Bexar County / San Antonio, Texas.
21. Miscellaneous
- Entire agreement. These Terms, together with the Privacy Policy and any applicable Artist Agreement, constitute the entire agreement between you and Villz regarding the Platform.
- Severability. If any provision is found unenforceable, the remaining provisions remain in effect.
- No waiver. Our failure to enforce any provision is not a waiver of it.
- Assignment. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
- Force majeure. Villz is not liable for failures or delays caused by events beyond its reasonable control.
22. Contact Us
Villz Company
San Antonio, Texas
Email: privacy@thevillz.com
Website: www.thevillz.com