Terms of Service

These Terms of Service ("Terms") form a binding agreement between you and Extelia ("Extelia," "we," "us"), governing your access to and use of the Extelia website, application, and related services (collectively, the "Service"). By creating an account, clicking "I agree," or otherwise accessing or using the Service, you agree to these Terms on behalf of yourself and, if applicable, the business or organization you represent ("Customer," "you"). If you do not agree, do not use the Service.

The Service is intended for professional and business use by hair extension specialists, salons, and related businesses, and is not directed at consumers. By using the Service, you represent that you are at least 18 years old, capable of forming a binding contract, and, if you are accepting these Terms on behalf of an organization, that you are authorized to bind that organization.

You are responsible for ensuring that anyone you invite as a Staff User agrees to comply with these Terms and any additional policies your organization sets for its own staff.

2.1 Licensed Professional Representation

The Service is built for use by licensed or certified hair extension, cosmetology, and related professionals, and by businesses that employ or engage them. By creating an account, you represent and warrant that you, and every Staff User who performs client services in connection with the Service, hold all licenses, certifications, permits, and insurance required by your jurisdiction and professional body to perform those services, and that they are current and in good standing. If you are a business rather than an individual practitioner, this representation means that you only permit licensed, qualified individuals to perform client services through the Service. This representation is made at signup and is deemed repeated each time you or a Staff User enters client or treatment data into the Service. We rely on this representation in making the Service available to you. A breach of this representation is a material breach of these Terms (see Section 17) and falls within Section 16 (Indemnification).

Extelia provides tools for managing client records, the Hair Passport, formulas, appointments, inventory, reporting, and related AI-assisted features. We may add, modify, or discontinue features of the Service from time to time. We will provide reasonable notice of material changes that significantly reduce core functionality of a paid plan.

• You must provide accurate and complete registration information and keep it up to date.
• Accounts are for use by named individuals within your organization. Credential sharing between individuals is not permitted; each Staff User must have their own login.
• You are responsible for all activity that occurs under your account and for maintaining the confidentiality of your login credentials. Notify us immediately at support@extelia.app of any unauthorized use.
• Organization administrators are responsible for managing Staff User access and permissions, including promptly removing access for departing staff.

• Subscriptions. Paid plans are billed on a recurring basis (monthly or annually, as selected) through our payment processor, Stripe. Fees are shown at checkout and may vary by plan and add-ons.
• Free trials. Where offered, a free trial converts automatically to a paid subscription at the end of the trial period unless cancelled before it ends. We will indicate the trial length and renewal terms at signup.
• Auto-renewal. Subscriptions renew automatically for successive billing periods at the then-current rate unless cancelled before the renewal date via the in-app billing portal.
• Cancellation. You may cancel at any time through the billing portal. Cancellation takes effect at the end of the then-current billing period; we do not provide prorated refunds for partial periods except where required by law.
• Fee changes. We may change our fees on renewal with reasonable advance notice (e.g., by email). Continuing to use the Service after a fee change takes effect constitutes acceptance of the new fee.
• Failed or late payment. If a payment fails, we may retry billing, suspend access to the Service, and, if the account remains unpaid, downgrade or terminate it after reasonable notice.
• Taxes. Fees are exclusive of applicable taxes, which you are responsible for unless we are required by law to collect them.
• No setup fees. Extelia does not currently charge setup fees to begin a subscription.

6.1 Ownership

As between you and Extelia, you (the Customer) own all data you or your Staff Users submit to the Service, including client records, formulas, photos, documents, and business data ("Customer Data," which includes End-Client Data as defined in our Privacy Policy). We do not claim ownership of Customer Data.

6.2 License to Us

You grant Extelia a limited, non-exclusive, worldwide license to host, store, process, transmit, and display Customer Data solely as necessary to provide, secure, support, and improve the Service, and as otherwise permitted under our Privacy Policy or DPA. We will not use Customer Data to train AI models for the benefit of other customers.

6.3 Your Responsibilities for End-Client Data

Extelia is a tool that lets you record information about your own clients, including sensitive information you choose to enter such as allergy records, contraindication flags, hair and scalp health notes, patch-test results, photographs, and signed documents. You are solely responsible for:

• obtaining any consent, authorization, or legal basis required under applicable data protection, health-information, or professional/cosmetology regulations before entering a client's personal or health-related data into the Service;
• the accuracy of any data you enter, including patch-test and allergy records;
• complying with all laws and licensing/regulatory requirements applicable to your business, including patch-testing and treatment-safety obligations in your jurisdiction;
• responding to your own clients' data protection requests (access, correction, deletion) as the controller of their data; and
• independently verifying, before relying on it, any information the Service displays back to you — including patch-test history, allergy flags, formula records, and reminders — regardless of whether that information was entered by you, a Staff User, or generated by an AI feature, and regardless of whether a reminder or alert was shown, dismissed, delayed, or not shown at all.

Extelia's record fields, flags, and reminders are storage and convenience features, not a verification, testing, or compliance system. They do not confirm that a patch test was actually performed, that a client answered truthfully, or that a formula is safe for a given client. Extelia is not a substitute for your own professional judgment, training, or applicable safety protocols. See Section 7 (Assumption of Risk) and Section 9 (AI Features) below.

Every entry made in the Service — including patch-test results, allergy and contraindication flags, formulas, and treatment notes — is the professional record and representation of the person who entered it (you or a Staff User), made in reliance on their own licensure and judgment under Section 2.1. Extelia stores and displays what is entered; it does not review, verify, or endorse the accuracy of any entry.

6.4 Export & Deletion

You may export or delete most Customer Data at any time from within the Service (Settings → Data). Upon termination of your subscription, we will make Customer Data available for export for a reasonable period and will then delete or anonymize it in accordance with our data retention practices, except where retention is required by law.

Extelia is a records, scheduling, and business-management tool. It does not perform patch tests, examine clients, diagnose sensitivities, apply chemical or physical treatments, train stylists, or supervise a Customer's clinical or professional judgment. By creating an account, entering any data into the Service, or using any AI-generated content, you agree that the following risks and liabilities arise from your own business operations and professional practice — not from the Service, and not from any error, delay, omission, or malfunction in a Service feature such as a reminder, alert, or record field — and that you, not Extelia, bear sole responsibility for them:

7.1 Client health & treatment outcomes

• Allergic or adverse reactions to any product, adhesive, chemical, or treatment, including where a patch test was not performed, not performed correctly, or not acted upon;
• Scalp, skin, or eye irritation, burns, traction alopecia, hair breakage or loss, or other physical injury arising from a service you or your staff performed;
• Misdiagnosis or misjudgment of a client's hair, scalp, or skin condition, or of their suitability for a given method or product;
• Failure to identify, record, or act on a known allergy, sensitivity, or contraindication, whether or not it was logged in the Service; and
• Any claim that a client was not adequately warned, tested, or informed before a service.

7.2 Professional practice & regulatory compliance

• Holding the licenses, certifications, and insurance required to perform the services you offer, and complying with cosmetology, health, and safety regulations in every jurisdiction where you operate, consistent with your representation in Section 2.1;
• Training, supervising, and vetting your own Staff Users and their conduct; and
• Complying with patch-testing, record-retention, and consent requirements imposed by your regulator, insurer, or professional body — the Service's reminders and record fields are conveniences, not a substitute for your own compliance program.

7.3 Data you enter about your clients

Each time you or a Staff User enters, uploads, or updates End-Client Data — including contact details, health/allergy/patch-test information, or photographs — you represent and warrant that you have a lawful basis and any necessary consent to collect, store, and process that data, and that the data is accurate to the best of your knowledge. This representation is made at the point of entry, each time data is written to the Service, and applies however that data is later used within the Service (including in the Hair Passport, exports, or AI features described below).

• Unlawfully collecting, storing, or retaining a client's personal or health-related data, including data about minors without required consent;
• Uploading photographs, documents, or notes that infringe a third party's rights or that you lack the right to store; and
• A security incident caused by your own or your Staff Users' actions, including shared or weak credentials, granting excessive staff permissions, or use of the Service on a compromised device.

7.4 Business operations

• Pricing, formulas, aftercare instructions, cancellation policies, and any other content you communicate to clients, whether drafted manually or with AI assistance — you are responsible for reviewing and approving any AI-generated draft before it is sent, per Section 9;
• Missed, double-booked, or incorrectly scheduled appointments, and any consequence of relying on automated reminders instead of your own scheduling diligence;
• Inventory, supplier, and purchasing decisions, including reorder quantities and supplier communications drafted through the Service; and
• Disputes with your own clients or staff over payment, service quality, cancellation, or refunds.

This Section does not limit or replace Section 6.3 (Your Responsibilities for End-Client Data), Section 9 (AI Features & Professional Judgment), Section 16 (Indemnification), or Section 15 (Limitation of Liability) — it works together with them. Nothing in this Section asks you to assume liability that applicable law does not permit to be assigned by contract, including liability for Extelia's own gross negligence or willful misconduct.

You agree not to:

• use the Service to store or process personal data you are not lawfully authorized to collect;
• upload content that is unlawful, infringing, defamatory, or that violates a third party's privacy or intellectual property rights;
• reverse engineer, decompile, or attempt to extract the source code of the Service, except as permitted by law;
• interfere with or disrupt the integrity or performance of the Service, or attempt to gain unauthorized access to it or related systems;
• use the Service to build a competing product or for unauthorized benchmarking;
• resell, sublicense, or provide the Service to third parties outside your own organization without our written consent; or
• use automated means (scraping, bots) to access the Service outside of provided APIs.

We may suspend or terminate access for violations of this Section, with notice where reasonably practicable.

The Service includes AI-assisted features, such as an in-app assistant and automated recommendations related to formulas, inventory, or scheduling. These features are provided as productivity aids only.

• AI outputs are not professional, medical, dermatological, or clinical advice. They may be incomplete, generic, or inaccurate.
• You remain solely responsible for all professional decisions, including formula selection, allergy and patch-test evaluation, and treatment safety — the Service does not replace your training, judgment, or a client's individualized patch test.
• You must independently verify any AI-generated suggestion before relying on it, particularly where client health, safety, or allergic reaction risk is involved.
• Extelia disclaims all liability for outcomes resulting from reliance on AI-generated content, to the maximum extent permitted by law.

Extelia and its licensors retain all right, title, and interest in and to the Service, including its software, design, branding, and all improvements, excluding Customer Data. Except for the limited rights expressly granted in these Terms, no rights are granted to you by implication or otherwise. "Extelia," our logos, and product names are our trademarks; you may not use them without our prior written consent.

If you provide suggestions, ideas, or feedback about the Service, you grant us an unrestricted, royalty-free, perpetual license to use it without obligation to you.

The Service relies on third-party infrastructure providers, including hosting, database, authentication, and storage (Supabase), payment processing (Stripe), AI inference infrastructure, and push-notification delivery. Your use of the Service is also subject to the applicable terms of these providers where you interact with them directly (for example, Stripe's hosted checkout and billing portal). We are not responsible for the acts or omissions of independent third-party providers, except as expressly stated in our Privacy Policy or a DPA.

Each party may have access to non-public information of the other ("Confidential Information"), including Customer Data, business and pricing terms, and non-public product features. Each party agrees to use the other's Confidential Information only to perform its obligations under these Terms, to protect it with at least reasonable care, and not to disclose it to third parties except as permitted by these Terms, required by law, or authorized in writing.

Except as expressly stated in these Terms, the Service is provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty arising from course of dealing or usage of trade. We do not warrant that the Service will be uninterrupted, error-free, or completely secure, or that it will meet your specific requirements.

To the maximum extent permitted by law, in no event will Extelia or its officers, employees, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunity, arising out of or related to these Terms or the Service, even if advised of the possibility of such damages.

To the maximum extent permitted by law, Extelia's total aggregate liability arising out of or relating to these Terms or the Service will not exceed the amount you paid to Extelia for the Service in the twelve (12) months preceding the event giving rise to the claim.

Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for gross negligence, willful misconduct, or death or personal injury caused by our negligence, where applicable.

You agree to defend, indemnify, and hold harmless Extelia and its officers, employees, and agents from and against any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service in violation of these Terms or applicable law; (b) Customer Data, including any failure to obtain required consents or authorizations to collect or process it; (c) your violation of a third party's rights; (d) any inaccuracy in the Licensed Professional Representation in Section 2.1, including any claim arising from services performed by you or a Staff User without a required license, certification, permit, or insurance; or (e) any matter falling within Section 7 (Assumption of Risk; Specific Customer Responsibilities), including without limitation any claim by a client or third party alleging an allergic or adverse reaction, injury, missed or inadequate patch test, failure to warn, breach of a client's data protection rights, or professional negligence connected to services you or your Staff Users performed or data you or they entered into the Service — regardless of whether Extelia is also named as a party to the claim.

We will give you prompt written notice of any claim subject to this Section. You will control the defense and settlement of the claim with counsel of your choosing, subject to our reasonable approval, and you may not settle any claim in a way that admits fault by Extelia or imposes any obligation on Extelia without our prior written consent. We may participate in the defense with counsel of our own choosing at our own expense.

This Section does not apply to the extent a claim arises from Extelia's own gross negligence, willful misconduct, or material breach of these Terms, and nothing in this Section requires you to indemnify us for liability that cannot lawfully be shifted to you under applicable law.

• These Terms remain in effect while you have an active account.
• You may terminate by cancelling your subscription and closing your account at any time.
• We may suspend or terminate your access if you materially breach these Terms and fail to cure the breach within a reasonable period after notice (except in cases of security risk, suspected fraud, legal requirement, or a breach of the Licensed Professional Representation in Section 2.1, where we may suspend or terminate immediately and without a cure period), or if your subscription payment fails and remains unresolved after notice.
• Upon termination, your right to access the Service ends. Sections that by their nature should survive (e.g., ownership, disclaimers, limitation of liability, indemnification, confidentiality, governing law) will survive termination.

These Terms are governed by the laws of the jurisdiction in which Extelia is established and operates, without regard to conflict-of-laws principles, excluding the United Nations Convention on Contracts for the International Sale of Goods. Subject to applicable consumer-protection law, any dispute not resolved through good-faith negotiation will be brought exclusively in the courts having jurisdiction over Extelia's principal place of business. Either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property or Confidential Information.

Nothing in this section overrides mandatory consumer-protection or data-protection rights that applicable law does not permit to be waived by contract, including rights EEA/UK residents may have under local law regardless of this governing-law clause.

Neither party will be liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, natural disaster, war, terrorism, labor disputes, internet or utility failures, or failures of third-party service providers.

We may update these Terms from time to time. If we make material changes, we will notify you by email or in-app notice at least 30 days before they take effect, except for changes required sooner by law or security necessity. Continued use of the Service after the effective date constitutes acceptance of the revised Terms.

• Entire agreement. These Terms, together with our Privacy Policy and any applicable order form or DPA, constitute the entire agreement between you and Extelia regarding the Service and supersede prior agreements on the subject.
• Assignment. You may not assign these Terms without our prior written consent; we may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Severability. If any provision is found unenforceable, the remaining provisions remain in full force and effect.
• No waiver. Failure to enforce a provision is not a waiver of our right to do so later.
• Notices. We may provide notices to you via the email associated with your account or through in-app notifications.
• Independent contractors. The parties are independent contractors; these Terms do not create a partnership, joint venture, or agency relationship.

Questions about these Terms can be sent to support@extelia.app.